Cal. Code Regs. tit. 5, § 56403
Eligibility for Programs and Services.
Effective Oct 24, 2025Register 2025, No. 44Authority cited: Sections 70901, 79223 and 79225, Education Code. Reference: Sections 79220, 79221, 79222, 79223, 79223.5, 79224, 79225, 79226, 79227 and 79228, Education Code.State of California
(a) To be eligible to participate in NextUp, a student must:
- (1) Be a current or former foster youth in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth's 13th birthday; and be no older than 25 years of age at the commencement of the academic year in which the student first enrolls in the program; and
- (2) Be enrolled in at least nine units at the time of acceptance into the program; however, students enrolled in fewer than nine units may be accepted into the program if such enrollment is part of an education plan designed to move the student toward subsequent enrollment in at least nine units, or part of a Disabled Student Programs and Services (DSPS) academic accommodation plan (AAP).
- (b) Districts participating in NextUp shall not impose any additional eligibility criteria on NextUp students other than the criteria specified in subdivision (a).
- (c) Students enrolled in NextUp shall not be deemed eligible for the Extended Opportunity Programs and Services program unless they independently meet that program's eligibility criteria.
Note: Authority cited: Sections 70901, 79223 and 79225, Education Code. Reference: Sections 79220, 79221, 79222, 79223, 79223.5, 79224, 79225, 79226, 79227 and 79228, Education Code.
History
1. New article 2 (sections 56403-56404) and section filed 9-28-2016; operative 10-28-2016. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2016, No. 41).
2. Amendment of subsections (a)(1)-(2) filed 8-14-2024; operative 9-13-2024. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2024, No. 37).
3. Amendment of section and Note filed 9-24-2025; operative 10-24-2025. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2025, No. 44).