It is a law that was enacted in 2010 and updated in 2013 that MAY allow eligible foster youth to be exempt from having to meet district graduation requirements, if approved by district, and instead, can earn a diploma by meeting the State’s minimum graduation requirements. (Ed Code 51225.1)*.
DISTRICT GRADUATION REQUIREMENTS WAIVER
What is AB 167/AB 216?
State Minimum & AB 167/AB 216 Graduation Requirements
State minimum graduation requirements are the 13 year long courses outlined below:
- 3-English courses
- 2-Math courses—including one year of Algebra I
- 2-Science courses—including Biology and Physical Science
- 2-Social Studies courses—including (1) course of United States history and geography; (1) course in world history, culture, and geography
- 1-Economics and Government course
- 1-Visual and Performance Art or foreign language course
- 2-PE courses
ELIGIBILITY—HOW AM I ELIGIBLE?
- In foster care
- Change schools after the completion of your 2nd year of high school (determined by the number of credits earned or the length of time enrolled, whichever makes a student eligible)
- Not reasonably able to complete local graduation requirements by end of 4th year of high school
- You have the right to remain in high school for a 5th year in order to complete the local graduation requirements
CAN I GET A HIGH SCHOOL DIPLOMA WITHOUT HAVING TO MEET DISTRICT GRADUATION REQUIREMENTS?
- You still must pass your classes
- You are still expected to go to school through June of your senior year
WHO DETERMINES IF AN AB 167 WAIVER IS GRANTED?
- School districts determine eligibility
- Education rights holder, or the student if they are 18 and hold their education rights, must agree to the waiver under AB 167 or decide you will remain a 5th year senior to complete local graduation requirements
- Required to review eligibility within 30 days of transfer
- Notify you, your education rights holder, and your social worker/probation officer of eligibility, its potential impact on college admission, and inform the student of their right to remain in school for a 5th year to complete the local graduation requirements
CAN ELIGIBILITY BE RECONSIDERED?
- If you’re not initially eligible for AB 167 waiver when you first changed schools, then you have the right to ask for another review of your eligibility at a later time
ONCE ELIGIBLE, AM I ALWAYS ELIGIBLE?
- Once you are determined eligible for an AB 167 waiver, this right continues regardless of whether your foster case closes or you change schools
WILL GETTING A WAIVER AFFECT MY COLLEGE OPTIONS?
- Yes, you will NOT be eligible for a 4-year college (CSU, UC, private college) because you will not meet the entrance requirements. You will still be eligible for a 2-year college and may transfer to a 4-year college
IF I DECIDE TO ATTEND AN ADULT SCHOOL, WILL I STILL BE ABLE TO GRADUATE UNDER AB 167/AB 216?
- It depends on the adult school you are attending. The law does not specifically state that an adult school must allow you to graduate under AB 167/AB 216. You must inquire at the adult school to see if they will accept it.
** Ed Code 51225.1 extends these provisions to homeless youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child, or a pupil participating in a newcomer program.