The people of the State of California do enact as follows:

SECTION 1.
Section 14230 of the Unemployment Insurance Code is amended to read:
14230.
(a) It is the intent of the Legislature that:
(1) California deliver comprehensive workforce services to jobseekers, students, and employers through a system of one-stop career centers.
(2) Services and resources target high-wage industry sectors with career advancement opportunities.
(3) Universal access to career services shall be available to adult residents regardless of income, education, employment barriers, or other eligibility requirements. Career services shall include, but not be limited to:
(A) Outreach, intake, and orientation to services available through the one-stop delivery system.
(B) Initial assessment of skill levels, aptitudes, abilities, and supportive service needs.
(C) Job search and placement assistance.
(D) Career counseling, where appropriate.
(E) Provision of labor market information.
(F) Provision of program performance and cost information on eligible providers of training services and local area performance measures.
(G) Provision of information on supportive services in the local area.
(H) Provision of information on the filing of claims for unemployment compensation benefits and unemployment compensation disability benefits.
(I) Assistance in establishing eligibility for welfare-to-work activities pursuant to Section 11325.8 of the Welfare and Institutions Code, and financial aid assistance.
(J) Comprehensive and specialized assessments of skill levels and service needs, including learning disability screening.
(K) Development of individual employment plans.
(L) Counseling.
(M) Career planning.
(N) Short-term prevocational services to prepare an individual for training or employment.
(4) State and federally funded workforce education, training, and employment programs shall be integrated in the one-stop delivery system to achieve universal access to the career services described in paragraph (3).
(5) Training services shall be made available to individuals who have met the requirements for career services, have been unable to obtain or retain employment through career services, are in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to, or higher than, wages from previous employment, have the skills and qualifications to successfully participate in the training, and have selected a program of services directly linked to occupations in demand in the local or regional area. Training services may include:
(A) Occupational skill training including training for nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related instruction.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Incumbent worker training, in accordance with Section 134(d)(4) of the federal Workforce Innovation and Opportunity Act.
(H) Transitional jobs, in accordance with Section 134(d)(5) of the federal Workforce Innovation and Opportunity Act.
(I) Job readiness training, provided in combination with any service under subparagraphs (A) to (H), inclusive.
(J) Adult education and literacy activities, including vocational English as a second language, provided in combination with subparagraphs (A) through (G), inclusive.
(K) Customized training conducted by an employer or a group of employers or a labor-management training partnership with a commitment to employ an individual upon completion of the training.
(6) As prescribed in the federal Workforce Innovation and Opportunity Act, adult recipients of public assistance, other low-income adults, and individuals who are basic skills deficient shall be given priority for training services and career services described in Section 134(d)(2)(A)(xii) of the federal Workforce Innovation and Opportunity Act.
(b) Each local workforce development board shall establish at least one full service one-stop career center in the local workforce development area. Each full service one-stop career center shall have all entities required to be partners in Section 3151 of Title 29 of the United States Code as partners and shall provide jobseekers with integrated employment, education, training, and job sea and directed to apprenticeable occupations, including preapprenticeship training, are conducted, to the maximum extent feasible, in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. The California Workforce Development Board and each local board shall also develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area to provide preapprenticeship training, apprenticeship training, and continuing education in apprenticeable occupations through the approved apprenticeship programs.
(2) (A) The California Workforce Development Board and each local board also shall ensure, to the maximum extent feasible, that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for purposes of preapprenticeship training in the building and construction trades fund programs and services that do both of the following:
(i) Follow the Multi-Craft Core Curriculum implemented by the State Department of Education for its pilot project with California Partnership Academies.
(ii) Develop a plan for outreach and retention for women participants in the preapprenticeship program to help increase the representation of women in the building and construction trades.
(B) The California Workforce Development Board shall develop policies for the implementation of these provisions.
(f) In light of California’s diverse population, each one-stop career center should have the capacity to provide the appropriate services to the full range of languages and cultures represented in the community served by the one-stop career center.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.

Summary: Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system. Existing law requires that the California Workforce Development Board and each local workforce development board ensure that programs and services funded by the federal Workforce Innovation and Opportunity Act of 2014 and directed to apprenticeable occupations are conducted in coordination with apprenticeship programs approved by the Division of Apprenticeship Standards, as specified. Existing law also requires the California Workforce Development Board and each local workforce development board to develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area. This bill would require the California Workforce Development Board and each local board to ensure that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for preapprenticeship training in the building and construction trades fund programs and services that follow the Multi-Craft Core Curriculum implemented by the State Department of Education and that develop a plan to help increase the representation of women in those trades, as specified. The bill would require the California Workforce Development Board to develop policies to implement these provisions. By imposing new requirements on the local workforce development boards, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 14230 of the Unemployment Insurance Code, relating to workforce development.


The people of the State of California do enact as follows:

SECTION 1.
(a) The Legislature hereby finds and declares all of the following:
(1) California is a world leader in innovation and harnessing the power of new technologies to promote efficiency, consumer benefits, and economic growth.
(2) The Internet and digital technologies enable government to provide services to the public and to transact business more efficiently than with paper-based processes.
(3) In 1995, in order to promote e-commerce and digital transactions with public agencies, California enacted Section 16.5 of the Government Code, which authorizes use of a “digital signature” in any written communication with a public agency in which a signature is required or used, consistent with regulations to be adopted by the Secretary of State.
(4) In 1999, California enacted the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.2) of Part 2 of Division 3 of the Civil Code), which provides that an “electronic signature” is valid and enforceable under any law that requires a signature in any transaction between two or more persons, including a government agency.
(5) The definition of “digital signature” in Section 16.5 of the Government Code and the definition of “electronic signature” in the Uniform Electronic Transactions Act are similar, and neither statute includes any cross-reference to the other, leading to confusion in the marketplace and among public agencies as to what law governs.
(6) A lack of clarity in the law creates a barrier to public agencies utilizing fully digital transactions that require a signature, including contracts, permits, and forms to obtain service or participate in government programs. As a result, both government and the public may not realize the benefits of digital transactions and online services, including efficiency, cost savings, convenience, and paper reduction.
(b) It is the intent of the Legislature to amend current law to clarify that a “digital signature” authorized by Section 16.5 of the Government Code and subject to regulations adopted by the Secretary of State is one type of “electronic signature” that a public agency may choose to adopt under the Uniform Electronic Transactions Act.
SEC. 2.
Section 1633.2 of the Civil Code is amended to read:
1633.2.
In this title the following terms have the following definitions:
(a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
(b) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.
(c) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
(d) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law.
(e) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(f) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review by an individual.
(g) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.
(h) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. For purposes of this title, a “digital signature” as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature.
(i) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
(j) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(k) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
(l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(n) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
(o) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
SEC. 3.
Section 16.5 of the Government Code is amended to read:
16.5.
(a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. If a public entity elects to use a digital signature, that digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes:
(1) It is unique to the person using it.
(2) It is capable of verification.
(3) It is under the sole control of the person using it.
(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
(5) It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and private entities, including, but not limited to, the Department of Information Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments.
(b) The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature.
(c) Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section.
(d) “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(e) Nothing in this section shall limit the right of a public entity or government agency to use and accept an “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(f) Regulations adopted by the Secretary of State to implement this section apply only to a public entity’s use of a “digital signature” and not to use of any other type of “electronic signature” authorized in the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code).

Summary: Existing law, the Uniform Electronic Transactions Act, provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form and defines an electronic signature for purposes of the act. Existing provisions of the Government Code authorize the use of a digital signature in any written communication with a public entity, and specifies that in those communications, the use of a digital signature has the same force and effect as the use of a manual signature if it complies with specified requirements. This bill would express the intent of the Legislature to clarify that a digital signature may be used to satisfy the requirements of an electronic signature under the Uniform Electronic Transactions Act. The bill would, for purposes of the Uniform Electronic Transactions Act, provide that an electronic signature includes a digital signature under the above described provisions of the Government Code and that a digital signature under those provisions is a type of an electronic signature as set forth in the Uniform Electronic Transaction Act. The bill would also revise the above-described provisions of the Government Code by specifying that if a public entity elects to use a digital signature, that meets specified requirements, the digital signature has the same force and effect of a manual signature in any communication with the public entity.

An act to amend Section 1633.2 of the Civil Code, and to amend Section 16.5 of the Government Code, relating to state government.


The people of the State of California do enact as follows:

SECTION 1.
Section 70615 of the Government Code is amended to read:
70615.
The fee for filing any of the following appeals to the superior court is twenty-five dollars ($25):
(a) An appeal of a local agency’s decision regarding an administrative fine or penalty under Section 53069.4.
(b) An appeal under Section 40230 of the Vehicle Code of an administrative agency’s decision regarding a parking violation.
(c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer’s determination regarding an administrative penalty for fare evasion or a passenger conduct violation.
(d) An appeal under Section 186.35 of the Penal Code of a law enforcement agency’s determination regarding the placement of an individual’s information in a shared gang database.
SEC. 2.
Section 186.34 of the Penal Code is amended to read:
186.34.
(a) (1) For purposes of this section, “shared gang database” shall mean any database that satisfies all of the following:
(A) Allows access for any local law enforcement agency.
(B) Contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate.
(C) Is subject to Part 23 of Title 28 of the Code of Federal Regulations. If federal funding is no longer available to a database through the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3711 et seq.), a database shall not have to satisfy this subparagraph to meet the definition of a “shared gang database.”
(2) A “shared gang database” does not include dispatch operator reports, information used for the administration of jail or custodial facilities, criminal investigative reports, probation reports, or information required to be collected pursuant to Section 186.30.
(3) Notwithstanding subparagraph (C) of paragraph (1), a “shared gang database” includes the CalGang system, operated pursuant to Part 23 of Title 28 of the Code of Federal Regulations.
(b) Notwithstanding subparagraph (C) of paragraph (1) of subdivision (a), a shared gang database, as defined in this section, shall retain records related to the gang activity of the individuals in the database consistent with the provisions contained in Section 23.20(h) of Title 28 of the Code of Federal Regulations.
(c) (1) Commencing January 15, 2018, and annually on January 15 thereafter, any law enforcement agency that elects to utilize a shared gang database, as defined in subdivision (a), shall submit a report to the Department of Justice, in a format developed by the department, that contains, by ZIP Code, referring agency, race, gender, and age, the following information:
(A) The number of persons included in the database on the day of reporting.
(B) The number of persons added to the database during the immediately preceding 12 months.
(C) The number of requests for removal of a person from the database received during the immediately preceding 12 months.
(D) The number of requests for removal of a person from the database that were granted during the immediately preceding 12 months.
(E) The number of persons automatically removed from the database during the immediately preceding 12 months.
(2) Commencing February 15, 2018, and annually on February 15 thereafter, the Department of Justice shall post each law enforcement agency’s report that contains the information collected pursuant to paragraph (1) on the department’s Internet Web site.
(d) (1) To the extent a local law enforcement agency elects to utilize a shared gang database, as defined in subdivision (a), prior to a local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database, or otherwise identifying the person in a shared gang database, the local law enforcement agency shall provide written notice to the person, and shall, if the person is under 18 years of age, provide written notice to the person and his or her parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the minor.
(2) The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for his or her parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for his or her designation in the database.
(e) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and what law enforcement agency made the designation. A request pursuant to this paragraph shall be in writing.
(B) If a person about whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (f).
(2) The law enforcement agency shall provide information requested under paragraph (1), unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age.
(3) The law enforcement agency shall respond to a valid request pursuant to paragraph (1) in writing to the person making the request within 30 calendar days of receipt of the request.
(f) Subsequent to the notice described in subdivision (d), the person to be designated as a suspected gang member, associate, or affiliate, or his or her parent or guardian, may submit written documentation to the local law enforcement agency contesting the designation. The local law enforcement agency shall review the documentation, and if the agency determines that the person is not a suspected gang member, associate, or affiliate, the agency shall remove the person from the shared gang database. The local law enforcement agency shall provide the person and his or her parent or guardian with written verification of the agency’s decision within 30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. The person may appeal the denial pursuant to Section 186.35.
(g) Nothing in this section shall require a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or Section 6254 of the Government Code.
SEC. 3.
Section 186.35 is added to the Penal Code, to read:
186.35.
(a) A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (f) of Section 186.34, may seek review within 90 calendar days of the agency’s mailing or personal service of the verification of the decision by filing an appeal to be heard by the superior court. A proceeding under this subdivision is a limited civil case. A copy of the notice of appeal shall be served in person or by first-class mail upon the agency by the person. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable.
(b) The evidentiary record for the appeal shall be limited to the agency’s statement of basis of its designation made pursuant to subdivision (e) of Section 186.34, and the documentation provided to the agency by the appellant pursuant to subdivision (f) of Section 186.34. If, upon de novo review and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the petitioner’s active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database.
(c) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law, the California Street Terrorism Enforcement and Prevention Act (act), provides specified punishments for certain crimes committed for the benefit of, at the direction of, or in association with, a criminal street gang, as specified. The act defines a “shared gang database” as having various attributes, including, among others, that the database contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. Existing law requires a law enforcement agency, before designating a person as a suspected gang member, associate, or affiliate in the database, to provide a written notice to the person’s parent or guardian, if the person is a minor. This bill would require the notice described above to be provided to an adult before designating a person as a suspected gang member, associate, or affiliate in the database. The bill would require these databases to comply with federal requirements regarding the privacy and accuracy of information in the database, and other operating principles for maintaining these databases. The bill would require local law enforcement, commencing January 15, 2018, and every January 15 thereafter to submit specified data pertaining to the database to the Department of Justice, and would require the Department of Justice, commencing February 15, 2018, and every February 15 thereafter, to post that information on the department’s Internet Web site. By imposing additional duties on local law enforcement entities, this bill would impose a state-mandated local program. The bill would establish a procedure for a person designated in a shared gang database who has contested that designation with the local law enforcement agency and whose challenge has been denied to appeal to the superior court. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 70615 of the Government Code, and to amend Section 186.34 of, and to add Section 186.35 to, the Penal Code, relating to criminal gangs.


The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) A more efficient water transfer process and a more accessible water market can play important roles in reducing uncertainty and water shortage impacts on the state’s economy now and in the future.
(b)
The California Water Action Plan calls for making improvements to the water transfer process as part of a comprehensive, long-term water management policy.
(c)
While numerous water agencies and water users currently participate in the water market, water transfer processes are complex and water market information may not be readily available to the public and all potential sellers and buyers.
(d)
Providing greater transparency in and access to water marketing will provide a needed tool to increase water supplies by leveraging significant local and regional investments made over the past two decades to increase water supply reliability.
(e)
An enhanced water market, used in conjunction with investments in conveyance, water use efficiency, including water conservation and water recycling, surface and groundwater storage, desalination, and other strategies, will add to the water supplies that are available to help the state weather multiple years of drought and protect economic and environmental uses of water.
(f)
Voluntary water transfers are a proven and effective way to help meet California’s water needs, as evidenced by the landmark 1991 Governor’s Emergency Drought Water Bank and numerous subsequent water banks, exchanges, and short- and long-term water transfers.
(g)
Water markets can improve water use efficiency and pricing, which in turn can contribute to increased water supply for consumptive uses, enhanced stream flows, and more water for wetlands and other environmental resources. This benefit would be of particular importance during prolonged drought.
(h)
Improving the water transfer process and enhancing access to water markets can accomplish all of the following:
(1) Protect existing local and regional investments.
(2)
Improve coordination among water agencies.
(3)
Incentivize significant investments in water use efficiency projects and programs.
(4)
Increase water supply and water supply reliability for urban and agricultural water users.
(5)
Increase the quantities or improve the timing of water available for transfers by providing information to sellers and buyers who might not otherwise have sufficient information to participate in water markets.
(6)
Benefit the environment by enhancing the state’s water supplies and increasing the amount or improving the timing of water available for environmental uses.
(7)
Benefit communities by bolstering water supplies and reducing reliance on groundwater resources.
SEC. 2.
Chapter 7.5 (commencing with Section 485) is added to Division 1 of the Water Code, to read:
CHAPTER  7.5. California Water Market Clearinghouse
485.
This chapter shall be known, and may be cited, as the California Water Market Clearinghouse Act of 2016.
486.
It is the intent of the Legislature to create the California Water Market Clearinghouse to do all of the following:
(a) Advance water sustainability, resiliency, and adaptability to drought and climate change by promoting efficient water markets.
(b) Provide important benefits and opportunities for disadvantaged communities and environmental resources.
(c) Increase agency coordination, transparency, and decisionmaking capacity.
(d) Facilitate water transfers and water user access to exchanges by the establishment of a centralized market information platform and better coordinated review and approval processes, thereby streamlining the process. This can be achieved without a significant increase in the overall transaction costs or regulatory burdens associated with water transfer processes.
(e) Enable and encourage public and private investments in water use efficiency and other water-saving measures through participation in water transfers and exchanges.
(f) Promote and enable water transfers and exchanges as effective mechanisms for management of sustainable surface and groundwater resources in the state.
(g) Protect environmental resources, including groundwater, consistent with the requirements of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).
(h) Protect drinking water supplies in areas of origin from cumulative impacts of multiple or long-term water transfers and exchanges.
487.
(a) On and after July 1, 2018, the California Water Market Clearinghouse shall operate as an independent office within the Natural Resources Agency. The purpose of the California Water Market Clearinghouse is to make the water transfer and exchange process more transparent and more efficient and to enhance access to voluntary water market transactions, in particular those that provide environmental or social benefits.
(b) The director of the California Water Market Clearinghouse shall be appointed by the Secretary of the Natural Resources Agency.
488.
(a) On or before December 31, 2018, the California Water Market Clearinghouse shall create a centralized water market platform on its Internet Web site that provides ready access to information that has been provided about water available for transfer or exchange and information about the process for transferring or exchanging water. The platform shall be readily available to the public and contain all water transfer or exchange data and information collected by the California Water Market Clearinghouse.
(b) On or before December 31, 2018, the California Water Market Clearinghouse shall consider and act upon the recommendations submitted by the Water Market Clearinghouse Task Force and shall establish administrative procedures under which state agencies shall more expediently act upon proposed water transfers or exchanges. Those procedures shall require state agencies to prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The California Water Market Clearinghouse shall act consistent with rulemaking procedures of the state and shall work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges.
(c) On and after January 1, 2020, all transfers or exchanges that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another shall be submitted to the California Water Market Clearinghouse and processed according to the procedures and standards established, pursuant to subdivision (b), by the California Water Market Clearinghouse in coordination with other state and federal agencies.
(d) On or before December 31, 2018, the Natural Resources Agency shall create within the California Water Market Clearinghouse an Office of the Water Transfer Advocate and appoint a Water Transfer Advocate.
(e) Nothing in this chapter provides authority to the California Water Market Clearinghouse to approve or disapprove water transfers or exchanges.
489.
(a) In order to provide the California Water Market Clearinghouse with appropriate recommendations to improve the water transfer process and increase access to the water market as part of a comprehensive, long-term water management policy, the Secretary of the Natural Resources Agency shall convene a task force, to be known as the Water Market Clearinghouse Task Force.
(b) The Water Market Clearinghouse Task Force shall make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding all of the following:
(1) How to aggregate and disclose in a publicly accessible manner the information required to be submitted in support of an application to transfer water pursuant to Section 1725 or any other law. The information should include, but not be limited to, all of the following:
(A) The names of the water buyer and seller.
(B) The quantity of water to be transferred or exchanged.
(C) The price to be paid for the water transfer or exchange.
(D) The time and duration of the water transfer or exchange.
(E) The nature of the underlying right to the water proposed to be transferred or exchanged.
(F) The origin and proposed point of use, place of use, and purpose of use of the transferred or exchanged water.
(G) A description of the conveyance and storage facilities necessary to complete the transfer or exchange.
(H) An identification of any third-party impacts including, but not limited to, water quality impacts.
(2) The information required for water users and the public to readily track the progress of a proposed transfer through agency review to ensure expedient approval whenever possible.
(3) The type of information that the California Water Market Clearinghouse should require to be submitted to it by state or local agencies that approve a water transfer or exchange after the transfer or exchange is completed. The information should include, but not be limited to, all of the following:
(A) The quantity of water transferred or exchanged.
(B) The new place of use for the transferred or exchanged water.
(C) The new point of rediversion for the transferred or exchanged water.
(D) The parties to the water transfer or exchange.
(E) The conveyance and storage facilities used to complete the water transfer or exchange.
(F) The time and duration of the water transfer or exchange.
(4) Procedures and standards designed to provide for all of the following:
(A) Better coordinated review of and action upon applications or proposals to transfer or exchange water, or both.
(B) Priority for projects that provide environmental and community benefits or have demonstrated a history of minimal potential impact to other legal water users or instream beneficial uses.
(C) Reduced transaction costs of water transfers and exchanges.
(D) Comprehensive evaluation of transfers that should be eligible for expedited review, with consideration of drinking water supply, environmental quality, and groundwater sustainability benefits and impacts.
(E) Assurance that transfers and exchanges protect environmental and community resources in areas of origin and in recipient areas.
(F) Demonstration that a transfer will not adversely affect groundwater conditions in any areas involved in the transfer.
(c) In addition to the recommendations required pursuant to subdivision (b), the Water Market Clearinghouse Task Force may consider and make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding any or all of the following:
(1) Consolidating places of use.
(2) Incentivizing and facilitating water use efficiency-related water transfers, as well as transfers between environmental uses.
(3) Developing and facilitating pilot transfers based on crop fallowing and other practices to quantify and validate consumptive water use rates and incorporating findings into water transfer guidelines.
(4) Providing transparency regarding Delta carriage water loss analysis.
(5) Establishing or documenting conveyance access protocols.
(6) Creating market mechanisms for access to capital.
(d) (1) The Water Market Clearinghouse Task Force shall be composed of the following members:
(A) One representative from each of the following state agencies:
(i) The Natural Resources Agency. This representative shall serve as the chair of the Water Market Clearinghouse Task Force.
(ii) The department.
(iii) The Department of Fish and Wildlife.
(iv) The Department of Food and Agriculture.
(v) The Office of Planning and Research.
(vi) The board.
(B) Representatives from academia, agricultural water suppliers, municipal water suppliers, disadvantaged communities, environmental and conservation organizations, and groundwater management entities.
(C) Representatives from entities that have participated in water transfers as sellers and buyers of water.
(2) The federal water and resources agencies shall be invited to have representatives participate in the Water Market Clearinghouse Task Force.
(e) The Water Market Clearinghouse Task Force shall conduct three public meetings to consider public comments on draft recommendations to the California Water Market Clearinghouse. The Water Market Clearinghouse Task Force shall publish draft recommendations at least 30 days before the public meetings. One public meeting shall be conducted at a location in northern California, one public meeting shall be conducted at a location in the central valley of California, and one public meeting shall be conducted at a location in southern California. The Water Market Clearinghouse Task Force shall invite California Native American tribes, environmental justice organizations, cities, counties, and local production agricultural organizations to participate in the public meetings.
(f) On or before January 1, 2018, the Water Market Clearinghouse Task Force shall submit its recommendations to the California Water Market Clearinghouse.
490.
(a) Anyone submitting information pursuant to subdivision (c) of Section 488 shall pay an administrative fee, established by the California Water Market Clearinghouse, to recover the reasonable costs of the California Water Market Clearinghouse in administering this chapter.
(b) Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Clearinghouse Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the California Water Market Clearinghouse for the purposes of this chapter.
491.
This chapter applies in addition to any other law relating to water transfers and exchanges.
SECTION 1.
It is the intent of the Legislature in creating the California Water Market Exchange that the market exchange do all of the following:
(a)Create water sustainability, resiliency, and adaptability to drought and climate change.
(b)Provide important benefits and opportunities for disadvantaged communities and environmental resources.
(c)Increase transparency and decisionmaking capacity by better integrating data collection and reporting.
(d)Facilitate water transfers and exchanges by the establishment of a centralized exchange platform and streamline review and approval processes.
(e)Enable and encourage public and private investments in water use efficiency measures through participation in water transfers and exchanges.
(f)Provide water transfers and exchanges as an effective mechanism for sustainable management of surface and groundwater resources in the state.
SEC. 2.
Chapter 7.5 (commencing with Section 485) is added to Division 1 of the
Water Code
, to read:
7.5.
California Water Market Exchange
485.
This chapter shall be known, and may be cited, as the California Water Market Exchange Act of 2016.
486.
The following definitions govern the construction of this chapter:
(a)“Disadvantaged community” has the same meaning as defined in Section 79505.5.
(b)“Market exchange” means the California Water Market Exchange established in Section 487.
(c)“Small community water system” has the same meaning as defined in Section 116275 of the Health and Safety Code.
487.
(a)The California Water Market Exchange is hereby established in the Natural Resources Agency.
(b)The market exchange shall be governed by a five-member board, composed as follows:
(1)The Secretary of the Natural Resources Agency.
(2)Four individuals appointed by the Governor.
(c)Each board member appointed by the Governor shall hold office for a term of four years. The Governor shall stagger the terms of the initial members appointed. A vacancy shall be filled by the Governor by appointing a member to serve the remainder of the term.
488.
(a)On or before December 31, 2017, the market exchange shall create a centralized water market platform on its Internet Web site that provides ready access to information about water available for transfer or exchange. The platform shall be readily available to the public and contain all data and information collected by the market exchange in order to ensure transparency of information regarding the quantities of water available for transfer or exchange and the prices paid for transferred or exchanged water.
(b)Before a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following:
(1)The names of the water buyer and seller.
(2)The quantity of water to be transferred or exchanged.
(3)The price to be paid for the water transfer or exchange.
(4)The time and duration of the water transfer or exchange.
(5)The nature of the underlying right to the water proposed to be transferred or exchanged.
(6)The origin location and proposed place of use of the transferred or exchanged water.
(7)A description of the conveyance and storage facilities necessary to complete the transfer or exchange.
(8)An identification of any third-party impacts that may result from the transfer or exchange.
(c)After a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following:
(1)The quantity of water transferred or exchanged.
(2)The conveyance and storage facilities used to complete the water transfer or exchange.
(3)The time and duration of the water transfer or exchange.
489.
The Legislature intends that water transfers and exchanges protect and enhance environmental and community benefits that include the following:
(a)Instream flows and ecosystem water supply.
(b)Improved water monitoring and data networks.
(c)Ecosystem restoration projects benefitting aquatic and riparian species.
(d)Improved drinking water supply and quality projects.
(e)Development of needed technical, managerial, and financial capacity for disadvantaged communities.
(f)Acquisition through the market exchange of needed water supplies for small community water systems.
490.
On or before December 31, 2017, the market exchange shall do both of the following:
(a)Develop procedures, in consultation with federal, state, and local agencies with jurisdiction over water transfers or exchanges, to streamline and expedite review and action upon applications to transfer or exchange water and to prioritize projects that provide environmental and community benefits as described in Section 489. The procedures shall recommend types of transfers and exchanges that could be more routinely approved.
(b)Establish standards and procedures to ensure that transfers and exchanges protect environmental and community benefits consistent with Section 489 and to encourage projects that improve environmental conditions, provide safe drinking water, and provide other community benefits.
491.
(a)Anyone submitting information pursuant to subdivision (b) or (c) of Section 488 shall pay an administrative fee, established by the market exchange, to recover the reasonable costs of the market exchange in administering this chapter.
(b)Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Exchange Fund that is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the market exchange for the purposes of this chapter.
492.
(a)This chapter applies in addition to any other law relating to water transfers and exchanges.
(b)This chapter applies to all transfers and exchanges of water occurring on or after January 1, 2018.

Summary: Existing law, the Costa-Isenberg Water Transfer Act of 1986, requires the Department of Water Resources to establish an ongoing program to facilitate the voluntary exchange or transfer of water and implement the various laws that pertain to water transfers. The act requires the department to create and maintain a list of entities seeking to enter into water supply transfers, leases, exchanges, or other similar arrangements and to maintain a list of the physical facilities that may be available to carry out water supply transfers. The act requires the department to prepare a water transfer guide with prescribed components. This bill bill, on and after July 1, 2018, would establish the California Water Market Exchange, governed by a 5-member board, in Clearinghouse as an independent office within the Natural Resources Agency. Agency for the purpose of making the water transfer and exchange process more transparent and more efficient and to enhance access to voluntary water market transactions, as specified. This bill would require the market exchange, on or before December 31, 2017, clearinghouse, on or before December 31, 2018, to create a centralized water market platform on its Internet Web site that provides ready access to information that has been provided about water available for transfer or exchange. exchange and information about the process for transferring or exchanging water. The bill would require the Secretary of the Natural Resources Agency to convene a Water Market Clearinghouse Task Force, composed as prescribed, and would require the task force to make recommendations to the clearinghouse, as specified. The bill, on or before December 31, 2018, would require the clearinghouse to consider and act upon the recommendations submitted by the task force in order to establish administrative procedures under which state agencies would more expediently act upon proposed water transfers or exchanges and would prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The bill would require the clearinghouse to work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges. This bill, for bill would require all transfers and or exchanges of water occurring on or after January 1, 2018, would require the submission of certain data and information to the market exchange and 2020, that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another to be submitted to the clearinghouse and processed, as specified, and would require the payment of an administrative fee to the market exchange, clearinghouse for this processing, as specified. This bill would require the market exchange to develop specified procedures in consultation with federal, state, and local agencies. The bill, on or before December 31, 2018, would require the agency to create an Office of the Water Transfer Advocate within the clearinghouse and to appoint an advocate.

An act to add Chapter 7.5 (commencing with Section 485) to Division 1 of the Water Code, relating to water.


The people of the State of California do enact as follows:

SECTION 1.
Section 48645.3 of the Education Code is amended to read:
48645.3.
(a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 (commencing with Section 51220) of Chapter 2 of Part 28, except subdivision (c) of Section 51220.
(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies.
(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools.
(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency.
(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University.
SEC. 2.
Section 48645.5 of the Education Code is amended to read:
48645.5.
(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma.
(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to:
(1) Arrest.
(2) Adjudication by a juvenile court.
(3) Formal or informal supervision by a probation officer.
(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school.
(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school.
(d) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.
SEC. 3.
Section 51225.1 of the Education Code is amended to read:
51225.1.
(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.
(b) If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following:
(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements.
(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution.
(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption.
(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3) (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k) A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.
Section 51225.2 of the Education Code is amended to read:
51225.2.
(a) For purposes of this section, the following definitions apply:
(1) “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code.
(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(b) Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(c) The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency.
(d) A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law provides for the administration and operation of juvenile court schools by the county board of education. This bill would express the Legislature’s intent that juvenile court schools have a rigorous curriculum that includes a course of study that prepares pupils for high school graduation and career entry and fulfills the requirements for admission to the California State University and the University of California. Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation, and authorizes the governing board of a school district to prescribe other coursework requirements that are in addition to the statewide requirements. Existing law exempts pupils in foster care and pupils who are homeless children or youths from local graduation requirements and also requires a school district and county office of education to accept coursework satisfactorily completed by those pupils while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school. This bill would make that exemption and requirement to accept coursework satisfactorily completed applicable to former juvenile court school pupils, as defined. The bill would also require a county office of education to issue a diploma of graduation to a pupil who completes statewide coursework requirements for graduation while attending a juvenile court school but does not complete coursework and other requirements that are in addition to the statewide graduation requirements. By placing additional requirements on school districts and county offices of education, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain cidden Bill Text The people of the State of California do enact as follows: <SECTION-HEADER> Section 48645.3 of the Education Code is amended to read: 48645.3. Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 of Chapter 2 of Part 28, except subdivision (c) of Section 51220. Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies. (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools. The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency. It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University. <SECTION-HEADER> Section 48645.5 of the Education Code is amended to read: 48645.5. Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to: Arrest. Adjudication by a juvenile court. Formal or informal supervision by a probation officer. Detention for any length of time in a juvenile facility or enrollment in a juvenile court school. Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school. If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. <SECTION-HEADER> Section 51225.1 of the Education Code is amended to read: 51225.1. Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. Provide information to the pupil about transfer opportunities available through the California Community Colleges. Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section. (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 of Division 1 of Title 5 of the California Code of Regulations. A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. <SECTION-HEADER> Section 51225.2 of the Education Code is amended to read: 51225.2. For purposes of this section, the following definitions apply: “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code. “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code. “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school. Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed. The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency. A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course. A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 of Division 1 of Title 5 of the California Code of Regulations. A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. <SECTION-HEADER> If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 of Division 4 of Title 2 of the Government Code.

An act to amend Sections 48645.3, 48645.5, 51225.1, and 51225.2 of the Education Code, relating to juvenile court school pupils.