Knowledge Base
Partial Credits & Graduation (AB 216/AB 167)
Foster Youth Rights
Updated 2026-01-15California requirements for awarding partial credits and graduation exemptions for foster youth, homeless youth, and formerly incarcerated youth under AB 216, AB 167, and AB 2306.
Partial Credits (EC §49069.5)
The Problem
Foster youth frequently change schools due to placement changes. Without partial credit protections, they lose academic credit for coursework completed at prior schools, putting them at risk of not graduating.
The Law
California law requires that:
- Foster youth receive full or partial credit for coursework satisfactorily completed at any public school, juvenile court school, or nonpublic school
- Credits must be calculated based on the student's seat time and grades earned
- The receiving school must accept and apply credits toward graduation requirements
- Schools cannot require foster youth to retake courses they have already completed
AB 2306 (2024) — Expanded Protections
AB 2306 extended partial credit protections to:
- Youth involved in the juvenile justice system
- Students transferring from county community schools
- Ensures credits from juvenile court schools are treated equally
Graduation Exemption (AB 167/AB 216)
Eligibility
Foster youth who transfer schools after their second year of high school may be eligible for graduation with state minimum requirements rather than local district requirements, if:
- They transferred between schools
- They are in foster care or are a former foster youth
- Completing additional district requirements within 4 years of high school would be impossible or unreasonable
State Minimum Requirements
- 130 credits (vs. the higher number many districts require)
- Only courses required by EC §51225.3 (English, Math, Science, Social Science, PE, etc.)
- No additional district-imposed requirements (e.g., community service, senior project)
Notification Requirements (EC §51225.2)
Schools must:
- Notify eligible foster youth and their caregivers/social workers of graduation exemption rights
- Provide notification within 30 days of the student's transfer
- Document the notification in the student's file
Dean/Counselor Action Steps
- Review transcripts immediately upon enrollment of a foster youth
- Apply partial credits — Do not require the student to retake completed courses
- Assess graduation status — Determine if the student is on track or needs the AB 167/216 exemption
- Notify of rights — Inform the student, caregiver, and social worker of graduation exemption options
- Create a graduation plan — Work with the student to map out remaining requirements
- Advocate — Ensure the student is not placed in unnecessary courses that delay graduation
Legal References
- CA Education Code §49069.5 — Partial Credits for Foster Youth
- CA Education Code §51225.1 — Graduation Requirements Exemption (AB 167/AB 216)
- CA Education Code §51225.2 — Notification of Graduation Exemption Rights
- AB 2306 (2024) — Extended Partial Credit Protections