Foster youth who transfer high schools after their second year may graduate by completing minimum state graduation requirements if, at the time of transfer, they cannot reasonably complete additional school district requirements within four years. Schools are required to notify the student and student's parent or guardian within 30 calendar days (after enrollment) of the availability of the exemption and whether the student qualifies for an exemption.
The definition for purposes of AB 216 is broad. This definition covers all children and youth for whom petitions have been filed in juvenile court (dependency or delinquency) as well as children and youth who have been taken into temporary custody by a social worker, pursuant to WIC (Welfare and Institutions Code) Section 309. A foster child includes:
Removed from his or her home pursuant to WIC Section 309;
Subject of a petition filed under WIC Section 300 or 602; OR
Removed from his or her home and is the subject of a petition filed under WIC Section 300 or 602.
Under this definition, youth on probation are considered foster youth when they have a 602 petition filed (declared a ward of the court).
First, student must be a foster youth (foster care or probation). The student must meet the definition of foster youth at the time the student transfers schools.
Youth in foster care
-Must have an open dependency court case (be subject to 300 or 309 petition)
-Does not matter where they live (e.g., foster home, group home, relative home, biological parent)
Youth on probation
-Must have an open delinquency case in criminal court (be subject to 602 petition)
-Does not need to be found guilty and placed on probation, only need to have a charge alleged against them
-Does not matter where they live (e.g., foster home, group home, relative home, biological parent, juvenile hall or camp)
Second, student must transfer schools (at least one time) after their second year of high school.
-To determine whether a youth completed their second year of high school,
schools must use either:
(1) length of enrollment or
(2) number of credits earned
-Schools must use whichever method will make the youth more likely to be eligible.
Third, at the time of transfer, the student must be unable to reasonably complete all local school district graduation requirements by the end of the four years of high school.
First, the Counselor must hold a meeting with the student and the Education Rights Holder (ERH) to explain the program. If the student/ERH agrees that they want to participate in the AB 216 plan, then the Counselor proceeds to the next step.
At the meeting, the following AB 216 paperwork needs to be completed by the Counselor with the student and ERH.
AB 216 Form – signed and dated by all parties (student, ERH, Counselor)
Court Document or other communication confirming the ERH’s identity:
JV-535 order designating the ERH (a copy from the court or the Social Worker’s file), or
A copy of a note or an email from the Social Worker confirming who the ERH is, or
An email from the Counselor detailing the conversation with the Social Worker and naming the ERH.
The above documents (1-3) also apply to students who are 18 and decide to sign as their own ERH.
Following the meeting, the Counselor will provide the original AB 216 paperwork to the teacher to place in the student file. In addition, the Counselor will upload a digital copy to the 'AB Plan Documents' folder in StudentTrac, update the planning guide to AB 216, and notify the Accountability Department by email (Accountability@skyrocket-ed.com).
Once Accountability verifies that paperwork has been uploaded and the student grade level has been confirmed by the Counselor under the AB 216 plan, Accountability will then check off the ‘AB Documentation Complete’ box in the StudentTrac Grad Check window.
If a student has been approved for AB 216 at a previous high school, the Counselor will need to obtain that AB 216 documentation. If the student and ERH agree to remain on the AB 216 plan, the Counselor will only need to complete the first page of the AB 216 Notification Letter. Then, the Counselor will provide both (the signed AB 216 Notification Letter and AB 216 documentation from the previous school) to the teacher to place in the student file. In addition, the Counselor will upload a digital copy to the 'AB Plan Documents' folder in StudentTrac, update the planning guide to AB 216, and notify the Accountability Department by email (Accountability@skyrocket-ed.com).
Upon evaluating AB 216 eligibility, the Counselor determines the student does not meet the qualifications for being on the AB 216 plan. At this point, the Counselor would only need to complete and sign the first page of the notification letter indicating the student does not meet all requirements for AB 216 graduation. Place a copy of the notification letter in the student file and upload a digital copy to the 'AB Plan Documents' folder. Please ensure the student is under the appropriate planning guide and not an AB guide.
Once the student has met their credit requirements to graduate, the Counselor will make sure the following is completed:
Grad Check in StudentTrac
Exit student with an L01 in the appropriate grade level
AB documentation is placed in the student file and a digital copy is uploaded to StudentTrac
OFL AB 216 Form
OFL AB 216 Form (Spanish)
OFY AB 216 Form
OFY AB 216 Form (Spanish)