BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                                 THIRD READING


          Bill No:  AB 886
          Author:   Simitian (D) & Daucher (R)
          Amended:  6/11/02 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE :  10-0, 4/24/02
          AYES:  Vasconcellos, McPherson, Alpert, Chesbro, Karnette,  
            Knight, O'Connell, Scott, Sher, Vincent

           SENATE JUDICIARY COMMITTEE  :  6-0, 6/4/02
          AYES:  Escutia, Ackerman, Haynes, Kuehl, Peace, Sher

           ASSEMBLY FLOOR  :  74-0, 1/30/02 - See last page for vote


           SUBJECT  :    Parental authority:  educational decisions

           SOURCE  :     Los Angeles County Office of Education


           DIGEST  :    This bill requires appointment of a responsible  
          adult to make educational decisions for wards and  
          dependents of the court when education rights are removed  
          from their parents or guardians.

           ANALYSIS  :    Existing law grants to the guardian or  
          conservatee of the person authority over the education of  
          the ward or conservatee, subject to certain limitations.

          Existing law permits the dependency court to limit the  
          control that a parent or guardian may exercise over a  
          child, and requires any such limitation to be addressed in  
          a court order.
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          Existing law requires a local educational agency to appoint  
          a surrogate parent for a child to represent the child in  
          educational decisions in specified circumstances, including  
          when the child becomes a ward or dependent of the court and  
          is referred for special educational services, or when no  
          parent for the child can be identified, or when the parent  
          cannot be located.

          This bill requires the court, whenever it limits or  
          suspends the rights of a parent, guardian or conservator of  
          the child, or removes such guardian or conservator, to  
          appoint a responsible adult to make educational decisions  
          for the child until such time as the limitations of  
          authority are removed, the minor turns 18 and is competent  
          to make educational decisions, another responsible adult is  
          appointed, a successor guardian or conservator is  
          appointed, or the child is placed in long-term foster care,  
          as specified, at which time the foster parent has the power  
          to make educational decisions for the child.

          The bill disqualifies a person with a conflict of interest  
          from serving as a responsible adult for the child, and  
          defines "conflict of interest" for purposes of the  
          disqualification.

           Background

           Sponsored by the Los Angeles County Office of Education,  
          this bill is intended to ensure the continuity and  
          accessibility of educational services for students who are  
          dependents or wards of the court.  Often, where the court  
          limits parental rights, the sponsor states, nobody is  
          officially appointed in the court's order to make  
          educational decisions for the child, resulting in the child  
          being deprived of access to appropriate educational  
          services.  Also, when a child is moved from foster or group  
          homes for whatever reason, the child loses residency in a  
          particular school district, which causes problems in  
          gaining continuous access to needed educational services.

          This bill is intended to cure this deficiency in the law by  
          requiring the court to appoint a responsible adult, whose  
          residence can be used to establish residence for the child,  







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          and whose authority is clear, to make educational decisions  
          for the child.

           Related Pending Legislation

           SB 1677 (Alpert) deals with the appointment of a  
          responsible person to make education decisions for a  
          dependent of the court.  That bill was heard in the Senate  
          Education Committee, and was amended to reflect the changes  
          that this bill would make.  SB 1677 also deals with the  
          authority of surrogate parents who are appointed by the  
          school to evaluate and sign off on individualized education  
          plans for children with exceptional needs or where the  
          local school agency cannot locate a parent of the child.   
          There is now no conflict between the two bills.

           Prior Legislation
           
           AB 2392 (Corbett), 1999-2000 Session  .  Vetoed by Governor  
          Davis, would have allowed appointment of foster parents as  
          surrogate parents as well as expand the class of persons  
          who may request assessments for special education needs.

           AB 1020 (Corbett), 1999-2000 Session  .  Vetoed by Governor  
          Davis, was essentially the same as AB 2392.  

          AB 2375 (Honda), 1999-2000 Session  .  Vetoed by Governor  
          Davis, was identical to AB 645 (Honda), 1999-2000 Session,  
          also vetoed by Governor Davis, would have required special  
          education services to be provided to all dependent  
          children. The veto message expressed support for special  
          educational services for dependent children but concern  
          about the costs.  The relevant provisions of these two  
          bills are the appointments of foster parents as surrogate  
          parents with authority to request assessments for special  
          education needs.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/11/02)

          Los Angeles County Office of Education (source)
          California County Superintendents Educational Services  







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          Association
          California Teachers Association
          California Judges Association
          California School Boards Association


           ASSEMBLY FLOOR  : 
          AYES:  Aanestad, Alquist, Aroner, Ashburn, Bates, Bogh,  
            Briggs, Calderon, Bill Campbell, John Campbell,  
            Canciamilla, Cardenas, Cardoza, Cedillo, Chan, Chavez,  
            Chu, Cogdill, Corbett, Correa, Cox, Daucher, Diaz, Dutra,  
            Firebaugh, Florez, Frommer, Goldberg, Harman, Havice,  
            Hollingsworth, Horton, Jackson, Keeley, Kehoe, Kelley,  
            Koretz, La Suer, Longville, Lowenthal, Maddox, Maldonado,  
            Matthews, Migden, Mountjoy, Nakano, Nation, Negrete  
            McLeod, Oropeza, Robert Pacheco, Rod Pacheco, Papan,  
            Pavley, Pescetti, Reyes, Richman, Runner, Salinas,  
            Shelley, Simitian, Steinberg, Strickland, Strom-Martin,  
            Thomson, Vargas, Washington, Wayne, Wesson, Wiggins,  
            Wright, Wyland, Wyman, Zettel, Hertzberg


          NC:cm  6/22/02   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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