BILL NUMBER: AB 886	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 9, 2002

INTRODUCED BY   Assembly  Member Daucher  
Members Daucher and Simitian 

                        FEBRUARY 22, 2001

    An act to add Section 52056.6 to the Education Code,
relating to school accountability.   An act to add
Section 2662 to the Probate Code, and to amend Sections 361 and 726
of the Welfare and Institutions Code, relating to minors. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 886, as amended, Daucher.   School accountability:
Academic Performance Index   Parental authority:
educational decisions  . 
   Existing law authorizes a court to limit the control exercised
over a minor by a parent or guardian in all cases where the minor is
adjudged a ward or dependent child of the court.  Existing law also
provides that a guardian or conservator has charge of the education
of the ward or conservatee.
   This bill would provide that whenever the court specifically
limits the right of the parent or guardian to make educational
decisions for a child, the court shall appoint a responsible adult to
make educational decisions for the child.  The bill would provide
that whenever the court grants a petition removing the guardian or
conservator of a minor or tendering the resignation of the guardian
or conservator of a minor, if the court does not immediately appoint
a temporary or successor guardian or conservator, the court shall
appoint a responsible adult to make educational decisions for the
minor until a successor or temporary guardian is appointed.  The bill
would also provide that whenever the court suspends or limits the
powers of the guardian or conservator to make educational decisions
for the minor, the court shall appoint a responsible adult to make
educational decisions for the minor until the guardian or conservator
is again authorized to make educational decisions for the child.
 
   Existing law establishes the Public Schools Accountability Act of
1999 under which an Academic Performance Index (API) is required to
be developed to measure the performance of schools and a statewide
API performance target is required to be adopted.  Existing law
requires the adoption of expected annual percentage growth targets
for all schools.  Existing law requires the State Board of Education
to establish a Governor's Performance Award Program as part of the
Public Schools Accountability Act of 1999 to provide monetary and
nonmonetary awards to schools that meet or exceed API performance
growth targets and demonstrate comparable improvement in academic
achievement by all numerically significant ethnic and
socioeconomically disadvantaged subgroups within schools.
   This bill would establish an incentive program for school
districts maintaining grade 7 or grade 8, or both, under which a
school district that exceeds its annual API growth target by 50%
every year in which it participates in the program would receive the
statewide average base revenue limit per unit of average daily
attendance for high school districts as long as it continues to
participate in the incentive program.  A school district that fails
to exceed its annual API growth target by 50% would be ineligible to
participate in the program in the next school year and would not
receive the incentive funding but may elect to participate in the
year following the next school year. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
yes   no . State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 52056.6 is added to the Education Code,
 
  SECTION 1.  Section 2662 is added to the Probate Code, to read:
   2662.  Whenever the court grants a petition removing the guardian
or conservator of a minor ward or conservatee or tendering the
resignation of the guardian or conservator of a minor ward or
conservatee, if the court does not immediately appoint a temporary or
successor guardian or conservator, the court shall at the same time
appoint a responsible adult to make educational decisions for the
minor until a successor or temporary guardian or conservator is
appointed.  Whenever the court suspends or limits the powers of the
guardian or conservator to make educational decisions for a minor
ward or conservatee, the court shall at the same time appoint a
responsible adult to make educational decisions for the minor ward or
conservatee until the guardian or conservator is again authorized to
make educational decisions for the minor ward or conservatee.
  SEC. 2.  Section 361 of the Welfare and Institutions Code is
amended to read: 
   361.  (a) In all cases in which a minor is adjudged a dependent
child of the court on the ground that the minor is a person described
by Section 300, the court may limit the control to be exercised over
the dependent child by any parent or guardian and shall by its order
clearly and specifically set forth all those limitations.  Any
limitation on the right of the parent or guardian to make educational
decisions for the child shall be specifically addressed in the court
order.  The limitations shall not exceed those necessary to protect
the child.   Whenever the court specifically limits the right of
the parent or guardian to make educational decisions for the child,
the court shall at the same time appoint a responsible adult to make
educational decisions for the child until one of the following
occurs: (1) a surrogate parent is appointed pursuant to Section
7579.5 of the Government Code, (2) the minor reaches 18 years of age,
(3) another responsible adult is appointed to make educational
decisions for the minor pursuant to this section, or (4) the right of
the parent or guardian to make educational decisions for the minor
is fully restored. 
   (b) Nothing in subdivision (a) shall be construed to limit the
ability of a parent to voluntarily relinquish his or her child to the
State Department of Social Services or to a licensed county adoption
agency at any time while the child is a dependent child of the
juvenile court if the department or agency is willing to accept the
relinquishment.
   (c) No dependent child shall be taken from the physical custody of
his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated unless the juvenile
court finds clear and convincing evidence of any of the following:
   (1) There is a substantial danger to the physical health, safety,
protection, or physical or emotional well-being of the minor or would
be if the minor were returned home, and there are no reasonable
means by which the minor's physical health can be protected without
removing the minor from the minor's parents' or guardians' physical
custody.  The fact that a minor has been adjudicated a dependent
child of the court pursuant to subdivision (e) of Section 300 shall
constitute prima facie evidence that the minor cannot be safely left
in the custody of the parent or guardian with whom the minor resided
at the time of injury.  The court shall consider, as a reasonable
means to protect the minor, the option of removing an offending
parent or guardian from the home.  The court shall also consider, as
a reasonable means to protect the minor, allowing a nonoffending
parent or guardian to retain custody as long as that parent or
guardian presents a plan acceptable to the court demonstrating that
he or she will be able to protect the child from future harm.
   (2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.25 or 366.26, the minor may be
declared permanently free from their custody and control.
   (3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, and there are no reasonable means by
which the minor's emotional health may be protected without removing
the minor from the physical custody of his or her parent or guardian.

   (4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member of his or her household, or other person
known to his or her parent, and there are no reasonable means by
which the minor can be protected from further sexual abuse or a
substantial risk of sexual abuse without removing the minor from his
or her parent or guardian, or the minor does not wish to return to
his or her parent or guardian.
   (5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
   (d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts.  The court shall state the facts on which the decision to
remove the minor is based.
   (e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
   (1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
   (2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.   
  SEC. 3.  Section 726 of the Welfare and Institutions Code is
amended to read: 
   726.   (a)  In all cases wherein a minor is adjudged a
ward or dependent child of the court, the court may limit the control
to be exercised over the ward or dependent child by any parent or
guardian and shall by its order clearly and specifically set forth
all those limitations, but no ward or dependent child shall be taken
from the physical custody of a parent or guardian unless upon the
hearing the court finds one of the following facts:  
   (a)  
   (1)  That the parent or guardian is incapable of providing or
has failed or neglected to provide proper maintenance, training, and
education for the minor.  
   (b)  
   (2)  That the minor has been tried on probation in such
custody and has failed to reform.  
   (c)  
   (3)  That the welfare of the minor requires that custody be
taken from the minor's parent or guardian.  
   (b) Whenever the court specifically limits the right of the parent
or guardian to make educational decisions for the minor, the court
shall at the same time appoint a responsible adult to make
educational decisions for the child until one of the following
occurs:  (1) a surrogate parent is appointed pursuant to Section
7579.5 of the Government Code, (2) the minor reaches 18 years of age,
(3) another responsible adult is appointed to make educational
decisions for the minor pursuant to this section, or (4) the right of
the parent or guardian to make educational decisions for the minor
is fully restored
   (c)  In any case in which the minor is removed from the
physical custody of his or her parent or guardian as the result of an
order of wardship made pursuant to Section 602, the order shall
specify that the minor may not be held in physical confinement for a
period in excess of the maximum term of imprisonment which could be
imposed upon an adult convicted of the offense or offenses which
brought or continued the minor under the jurisdiction of the juvenile
court.
   As used in this section and in Section 731, "maximum term of
imprisonment" means the longest of the three time periods set forth
in paragraph (2) of subdivision (a) of Section 1170 of the Penal
Code, but without the need to follow the provisions of subdivision
(b) of Section 1170 of the Penal Code or to consider time for good
behavior or participation pursuant to Sections 2930, 2931, and 2932
of the Penal Code, plus enhancements which must be proven if pled.
   If the court elects to aggregate the period of physical
confinement on multiple counts, or multiple petitions, including
previously sustained petitions adjudging the minor a ward within
Section 602, the "maximum term of imprisonment" shall be the
aggregate term of imprisonment specified in subdivision (a) of
Section 1170.1 of the Penal Code, which includes any additional term
imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the
Penal Code, and pursuant to Section 11370.2 of the Health and Safety
Code.
   If the charged offense is a misdemeanor or a felony not included
within the scope of Section 1170 of the Penal Code, the "maximum term
of imprisonment" is the longest term of imprisonment prescribed by
law.
   "Physical confinement" means placement in a juvenile hall, ranch,
camp, forestry camp or secure juvenile home pursuant to Section 730,
or in any institution operated by the Youth Authority.
   Nothing in this section shall be construed to limit the power of
the court to retain jurisdiction over a minor and to make appropriate
orders pursuant to Section 727 for the period permitted by Section
607.    to read:
   52056.6.  (a) A school district maintaining grade 7 or grade 8, or
both, may elect to participate in the incentive program set forth in
this section.
   (b) A school district that elects to participate in the incentive
program set forth in this section shall exceed its annual API growth
target by 50 percent every year in which it participates in the
program.
   (c) A school district that exceeds its annual API growth target by
50 percent shall receive the statewide average base revenue limit
per unit of average daily attendance for high school districts as
long as it continues to participate in the incentive program set
forth in this section.
   (d) If a school district fails to exceed its annual API growth
target by 50 percent, it may not participate in the program in the
next school year and will not receive the incentive set forth in
subdivision (c), but may elect to participate in the year following
the next school year.