What Are the AB 2165 Protections for Students?
Understand how AB 2165 creates academic continuity for highly mobile students, detailing the rights and procedures that facilitate on-time graduation.
California law provides specific academic protections for students who change schools frequently due to circumstances beyond their control. These laws are designed to remove educational barriers. The primary goal is to ensure that these highly mobile students can progress through their studies and graduate from high school on time. This legislation creates a more stable and supportive educational path for some of the state’s most vulnerable students.
Student Eligibility for Academic Protections
The protections are primarily for a “pupil in foster care” or a “homeless child or youth.” A pupil in foster care is defined as a child who has been removed from their home under the Welfare and Institutions Code. This includes students who are dependents or wards of the juvenile court.
The definition for a “homeless child or youth” is aligned with the federal McKinney-Vento Homeless Assistance Act. This federal definition encompasses children and youths who lack a fixed, regular, and adequate nighttime residence. It includes those sharing housing with others due to economic hardship, living in motels, hotels, trailer parks, or emergency shelters, as well as students living in cars, parks, or public spaces.
Core Academic Provisions for Eligible Students
A foundational element is the requirement for the new school district to accept all coursework the student has completed, whether fully or partially. The law mandates that a receiving school district must issue full or partial credit for all coursework satisfactorily completed at another public school, juvenile court school, or a certified nonpublic school. This prevents students from having to repeat classes they have already passed or partially passed at a previous school.
For courses that were started but not finished, the law establishes a clear mechanism for awarding partial credit. When a student transfers, the new school must evaluate the student’s records and award credit for the portion of the course that was successfully completed. The student is then to be enrolled in the same or an equivalent course to complete the remaining work. For example, if a student completed one-third of an Algebra I course with a passing grade before transferring, the new school must award partial credit for that work and place the student in an Algebra I class to finish the remaining two-thirds.
A significant provision allows eligible students to be exempted from local graduation requirements that exceed the statewide minimums. If a student transfers after their second year of high school and the district determines they cannot reasonably complete the local requirements in time to graduate with their class, the student can graduate by meeting only the state’s minimum requirements. These consist of completing a specific number of credits, typically 130, across core subjects like English, math, social science, and science. The California High School Exit Exam (CAHSEE) was suspended and is no longer a requirement for graduation. The district must inform the student of this option, as well as the potential to stay for a fifth year to complete the local requirements, allowing the student and their educational rights holder to make the best decision for their future.
The School Transfer and Credit Evaluation Process
The receiving district has a legal obligation to act swiftly to ensure a seamless academic transition. Within two business days of a student’s enrollment, the new school must request the student’s official records from all previous schools they attended.
Once the academic records are received, the school district is responsible for conducting a thorough evaluation. This review determines the student’s progress toward meeting graduation requirements. The district must identify all fully and partially completed courses and calculate the credits earned. This evaluation forms the basis for deciding which academic provisions should be applied to support the student.
The final step involves a collaborative decision-making process. The school district must, within 30 calendar days of enrollment, notify the student, their educational rights holder, and the local homeless or foster youth liaison about the student’s eligibility for the available protections. In consultation with the student and their rights holder, the district determines the most appropriate course of action.