Assembly Bill 3022 Frequently Asked Questions

For the purpose of these FAQs a high school district, unified school district, county office of education, or the governing body of a charter school are considered LEAs.

AB 3022 added subparagraph (3) to EC Section 51430 (a) such that, effective January 1, 2019, LEAs are authorized to retroactively grant a high school diploma to a person who departed California against his or her will, as defined by subdivision (d) of EC Section 48204.4 , and meets the remaining requirements described in EC Section 51430 (a)(3), which include:

• At the time of his or her departure, was enrolled in grade 12 of a high school operated by the school district, by or under the jurisdiction of the county office of education, or by the charter school; and
• Did not receive a high school diploma because his or her education was interrupted due to his or her departure; and
• Was in good academic standing at the time of his or her departure.

This amended law provides students who have departed California against their will an opportunity to retroactively obtain their high school diploma despite the interruption of their education.

A high school district, unified school district, county office of education, or the governing body of a charter school, may retroactively grant a high school diploma to a qualifying student.

LEAs may determine their own local criteria for good academic standing.

Per EC Section 51430 (a)(3), the LEA shall consider any coursework that may have been completed by the pupil outside of the United States or that may have been completed by the pupil through online or virtual courses.

As defined by EC Section 48204.4 (d) a person has “departed California against his or her will” if any of the following circumstances apply:

• The person was in custody of a government agency and was transferred to another state.
• The person was subject to a lawful order from a court or government agency that authorized the person’s removal from California.
• The person was subject to a lawful order pursuant to subparagraph (B) and was permitted to depart California before being removed from California pursuant to the lawful order.
• The person was removed or is permitted to depart voluntarily pursuant to the federal Immigration and Nationality Act (8 U.S.C. Sec 1229c).

Also, a school district may determine additional circumstances that are consistent with the purposes of this section.