AB 167 and AB 216 are California laws that allow foster youth to graduate high school by completing only state requirements if they transfer schools in 11th or 12th grade. AB 216 clarifies AB 167 to ensure more consistent implementation. Key changes under AB 216 include: defining who qualifies as a foster youth, giving authority over graduation decisions to educational rights holders, allowing students to remain in school for a 5th year to complete local requirements, and prohibiting transfers solely to qualify for graduation exemptions.

1. Foster Youth: Comparison Chart – AB 167 & AB 216
In 2009, the California Legislature passed Assembly Bill (AB) 167, which allowed foster children to
graduate high school by only completing state graduation requirements if they transferred schools in the
11th or 12th grade and could not reasonably complete local graduation requirements by the end of their
fourth year of high school. AB 167 was seen as a solution to the high dropout rates of foster youth who
repeatedly transferred schools and struggled to earn the credits needed to graduate. AB 216 (Stone),
which is already in effect, attempts to clarify components of AB 167 to ensure more consistent
implementation. Below is a chart, adapted from a document provided by the Alliance for Children’s
Rights, that highlights the changes:
Assembly Bill 167 (2009)
Assembly Bill 216 (2013)
Who qualifies as a
“pupil in foster care”?
Undefined
Includes any child removed from his/her home
pursuant to WIC § 309 or subject to a petition
filed under WIC § 300 or 602 [EC 51225.2]
When does a foster
student qualify?
Transfers anytime during the 11th
and 12th grade
Transfers after completing the second year of
high school, which is determined by using either
the number of credits earned or length of time of
enrollment
How long does a student Time frame undefined
have to complete local
graduation
requirements?
Has the right to remain in high school for a fifth
year if the student can complete the local
graduation requirements
What notifications do
schools need to provide
when a student meets
eligibility?
Notification to student and
education rights holder (as
appropriate) regarding the student’s
eligibility and its potential impact on
college admission — no timeline
requirement for notification
Notification to student, education rights holder
and social worker or probation officer regarding
the student’s eligibility, its potential impact on
college admissions, and the student’s right to
remain in school for a 5th year to complete local
graduation requirements if he/she so desires
Who is authorized to
make the ultimate
decision?
Unclear; schools were often making Authority is given to the educational rights
the decision for the student
holder, or the student who is 18 or older and
hold their own educational rights
When can eligibility be
reconsidered?
Unclear
If a student is not initially eligible when he/she
first transfers, the student has the right to request
reconsideration of eligibility at any later point; if
the student satisfies the requirements, the school
must find him/her eligible
Once eligible, what if
the student’s foster case
closes?
Unclear
The right continues regardless of whether the
student’s foster case closes or if the student
changes school again
Can a student transfer
schools in order to
qualify for the
exemption?
Did not clearly prohibit the
transferring of a student between
schools to help the student become
eligible
Prohibits a request for a transfer by the student,
educational rights holder, social worker, or
probation officer solely to qualify the student for
an exemption
Los Angeles County Office of Education, Division of Student Support Services