Assembly Bill 2121 Frequently Asked Questions

These FAQs are intended to provide local educational agencies (LEAs) with information regarding changes or modifications to EC sections 51225.1 and 51225.2 resulting from AB 2121 with respect to migratory children and newcomer pupils. This collection represents commonly asked questions but is not intended to be a complete list of all possible questions or scenarios. This guidance does not constitute legal advice and is not binding. For questions about the implications of this document on local programs or specific circumstances, LEAs should consult their local counsel.

Note: In 2024, AB 714 further amended EC sections 51225.1 and 51225.2 by updating the language from “student participating in a newcomer program” to “newcomer pupils” and defining newcomer pupil as “individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years.” These FAQs have been updated to reflect changes resulting from the passage of  AB 714.

1. Which LEAs are required to comply with the provisions set forth in AB 2121?

   School districts, county offices of education, and charter schools are required to comply with the provisions in AB 2121.

2. How did the 2018 amendments to EC sections 51225.1 and 51225.2 impact migratory children and pupils?

   Prior to the 2018 amendments, the law exempted foster care students (as defined in EC Section 51225.2 ), homeless students (as defined in 42 United States Code Section 11434a[2] ), former juvenile court students (as defined in EC Section 51225.2 ), and students from military families (as defined in EC Section 49701 ), who transfer between schools any time after the completion of the second year of high school, from all locally adopted high school coursework and requirements that are supplemental to statewide coursework requirements.
   
   The amendments to EC sections 51225.1 and 51225.2 extended these exemptions to any student who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupil's second year of high school, and any newcomer pupil who also is in their third or fourth year of high school. Coursework exemptions include consultation requirements (EC Section 51225.1[f]).

   These exemptions are not available if an LEA makes a finding that the student is reasonably able to complete the LEAs graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.

3. What is the definition of a migratory child?

   A migratory child is one who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding their identification as such a child, in order that the child, a parent, guardian, or other member of their immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services.
   
   EC sections 51225.2(a)(8) and 54441 ; 20 United States Code Section 6399[3] .

4. Is migratory status the same as immigrant status?

   No. Migratory status is not the same as immigrant status. Immigrant children are defined in 20 United States Code Section 7011[5] as individuals aged 3 through 21 who were not born in State (each of the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico), and have not been attending one or more schools in any one or more States for more than three full academic years. Some migratory students, however, may also qualify as immigrant students, depending on their circumstances.

5. Can LEAs classify a student as migratory for the purposes of the exemptions provided in AB 2121?

   No. A student is identified as migratory through the Migrant Education Program identification and verification process. It is not within the purview of an LEA to classify a student as migratory.

6. How does a child qualify for migratory status?

   The Migrant Education Program determines a student’s eligibility as a migratory student through its identification and verification process.

7. How does an LEA know if a student is considered a migratory student?

   Please contact the Migrant Education Program Director in your area for a list of migratory students in your LEA.

8. Who qualifies as a "newcomer pupil"?

   A “newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code (EC Section 51225.2[a][3] ).

9. How does AB 2473 impact which students are eligible for AB 2121 graduation credit exemptions and a fifth year of high school as it pertains to newcomer pupils?

   AB 2473 adds EC Section 51225.25 stating that a “pupil participating in a newcomer program”, as defined by EC Section 51225.2, as that section read in January 2023, a pupil who was enrolled before January 1, 2024, is entitled to the rights in EC sections 51225.1 and 51225.2. Additionally, an LEA has the discretion to extend these same rights to any “pupil participating in a newcomer program”, as that section read on January 1, 2023.

10. Can an LEA allow the migratory child or newcomer pupil to participate in a fifth year of high school in order to graduate?

    Yes. When an LEA determines that the migratory child or newcomer pupil is reasonably able to complete local graduation requirements within a fifth year of high school, it shall do all of the following:

    • Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupil’s option to remain in school for a fifth year to complete the LEA’s graduation requirements.
    • Consult with 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 LEA’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution.
    • Consult with and 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 LEA’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. (EC Section 51225.1[b].)

11. How did the 2022 amendments to EC Section 51225.1, as a result of SB 532, impact migratory children and newcomer pupils?

    Prior to the 2022 amendments, the law allowed migratory children or newcomer pupils to participate in a fifth year of high school in order to complete local graduation requirements. SB 532 expanded the fifth-year option for migratory children and newcomer pupils to apply to statewide coursework requirements. If an LEA determines that the migratory children or newcomer pupils are not reasonably able to complete the LEA’s graduation requirements within the pupil’s fifth year of high school, but are reasonably able to complete the statewide coursework requirements within the pupil’s fifth year of high school, the LEA shall exempt a pupil from the LEA’s graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The amendment included consultation requirements around this option (EC Section 51225.1[n][1]).   

    Note: This new provision becomes inoperative on January 1, 2028. (EC Section 51225.1[n][2][1]).

12. Do districts have local authority to grant exemptions from locally adopted coursework that is in addition to the statewide coursework requirements and/or a fifth year of high school for students who are no longer newcomer pupils as defined in EC Section 51225.2 (3)?

    Yes. Per EC Section 35160 , “the governing board of any school district may initiate and carry on any program, activity, or may otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established.” Additional guidance is available on the California Department of Education Local Control - Districts and Counties web page.

13. How may an LEA determine whether a migratory child is in their third or fourth year of high school?

    LEAs may determine whether a migratory child is in their third or fourth year of high school by either the number of credits the student has earned to the date of transfer or the length of the student’s enrollment, whichever will qualify the student for an exemption from all coursework and other requirements adopted by the LEA that are in addition to the statewide coursework requirements.

14. How may an LEA determine whether a newcomer pupil is in their third or fourth year of high school?

    For newcomer pupils, enrollment in grade 11 or 12 may be used to determine whether the student is in their third or fourth year of high school.

15. When should an LEA notify a student and the student's parent or guardian of a possible exemption?

    An LEA is required to notify the migratory child or newcomer pupil, and that student’s parent or guardian, of the exemption and whether the student qualifies, within 30 calendar days of the date the student transfers into a school (EC Section 51225.1[d][5],[6]).

16. If a student did not receive timely notice of their eligibility for an exemption, does that student still qualify for the exemption even if they no longer meet the definition of “migratory child” or “newcomer pupil”?

    Yes. Even if notification occurs after the student no longer meets the definition of “migratory child” or “newcomer pupil,” if originally eligible, the student will still be eligible for exemption from the local graduation requirements.

17. If a qualified student is exempted from local graduation requirements and completes the statewide coursework requirements before the end of their fourth year of high school, may the student remain in attendance until graduation?

    Yes. An exempted student who finishes the statewide coursework requirements before the end of their fourth year of high school may not be asked or required by the school, including a charter school or district, to graduate early if the student would otherwise be entitled to remain in attendance at the school.

18. Can a student or student's parent or guardian request a student transfer solely to qualify the student for an exemption?

    No. The student or the parent or guardian of a student may not request a transfer solely to qualify a student for an exemption.

19. May LEAs accept coursework that a student completed while attending another learning institution?

    Yes. An LEA shall accept coursework satisfactorily completed by a migratory child or newcomer pupil while attending another public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency.

20. If a migratory child or newcomer pupil did not complete an entire course, can full or partial credit be given?

    Yes. Full or partial credit for the coursework satisfactorily completed shall be applied to the same or an equivalent course.

21. If a migratory child or newcomer pupil did not complete an entire course or completed a course at another institution, can an LEA require the student to retake the course?

    Generally, no. The LEA shall not require a migratory child or newcomer pupil who did not complete an entire course to retake the portion of the course the student completed unless the LEA, in consultation with the parent or guardian, finds that the student is reasonably able to complete the requirements in time to graduate from high school.

    If a migratory child or newcomer pupil satisfactorily completed the entire course in another public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency, an LEA shall not require the student to retake it.

22. Can a migratory child or newcomer pupil take or retake courses in order to meet eligibility requirements for admission to the California State University (CSU) or the University of California (UC)?

    Yes. A migratory child or newcomer pupil shall not be prevented from taking or retaking a course to meet CSU or UC requirements.