Foster Youth: Comparison Chart – AB 167 & AB 216

Los Angeles County Office of Education, Division of Student Support Services

In 2009, the California Legislature passed Assembly Bill (AB) 167, which allowed foster children to graduate high school by only completing state graduation requirements if they transferred schools in the 11th or 12th grade and could not reasonably complete local graduation requirements by the end of their fourth year of high school. AB 167 was seen as a solution to the high dropout rates of foster youth who repeatedly transferred schools and struggled to earn the credits needed to graduate. AB 216 (Stone), which is already in effect, attempts to clarify components of AB 167 to ensure more consistent implementation. Below is a chart, adapted from a document provided by the Alliance for Children’s Rights, that highlights the changes: Assembly Bill 167 (2009) Assembly Bill 216 (2013)

Who qualifies as a “pupil in foster care”?

Undefined

Includes any child removed from his/her home pursuant to WIC § 309 or subject to a petition filed under WIC § 300 or 602 [EC 51225.2]

When does a foster student qualify?

Transfers anytime during the 11th and 12th grade

Transfers after completing the second year of high school, which is determined by using either the number of credits earned or length of time of enrollment

How long does a student have to complete local graduation requirements?

Time frame undefined Has the right to remain in high school for a fifth year if the student can complete the local graduation requirements

What notifications do schools need to provide when a student meets eligibility?

Notification to student and education rights holder (as appropriate) regarding the student’s eligibility and its potential impact on college admission — no timeline requirement for notification

Notification to student, education rights holder and social worker or probation officer regarding the student’s eligibility, its potential impact on college admissions, and the student’s right to remain in school for a 5th year to complete local graduation requirements if he/she so desires

Who is authorized to make the ultimate decision?

Unclear; schools were often making the decision for the student

Authority is given to the educational rights holder, or the student who is 18 or older and hold their own educational rights

When can eligibility be reconsidered?

Unclear

If a student is not initially eligible when he/she first transfers, the student has the right to request reconsideration of eligibility at any later point; if the student satisfies the requirements, the school must find him/her eligible

Once eligible, what if the student’s foster case closes?

Unclear The right continues regardless of whether the student’s foster case closes or if the student changes school again

Can a student transfer schools in order to qualify for the exemption?

Did not clearly prohibit the transferring of a student between schools to help the student become eligible

Prohibits a request for a transfer by the student, educational rights holder, social worker, or probation officer solely to qualify the student for an exemption