BILL NUMBER: AB 1261	CHAPTERED
	BILL TEXT

	CHAPTER  639
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2005
	PASSED THE SENATE  SEPTEMBER 6, 2005
	AMENDED IN SENATE  SEPTEMBER 2, 2005
	AMENDED IN SENATE  AUGUST 15, 2005
	AMENDED IN SENATE  JULY 7, 2005
	AMENDED IN SENATE  JUNE 21, 2005
	AMENDED IN ASSEMBLY  APRIL 6, 2005

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 22, 2005

   An act to amend Sections 48853, 48853.5, 48859, 49069.5, 52052,
56034, 56366.1, and 56366.2 of the Education Code, and to amend
Sections 319, 361, and 391 of the Welfare and Institutions Code,
relating to foster children.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1261, Leno  Foster children: education.
   Existing law requires a pupil placed in a licensed children's
institution or foster family home to attend programs operated by the
local educational agency, unless one of certain specified
circumstances applies.
   This bill would revise the applicable circumstances.
   The bill would also define "local educational agency" for these
purposes.
   Existing law provides that, if a school placement dispute arises,
a foster child has the right to remain in his or her school of origin
pending resolution of the dispute.
   This bill would provide that the dispute shall be resolved in
accordance with the existing dispute resolution process available to
any pupil served by the local educational agency.
   Existing law provides that "school of origin" means the school
that the foster child attended when permanently housed or the school
in which the foster child was last enrolled. Existing law requires
the educational liaison for foster children to determine, as
provided, the school that shall be deemed the school of origin for a
foster child if, among other things, there is some other school that
the foster child attended with which the foster child is connected.
   This bill would additionally require that the foster child have
attended that connected school in the past 15 months.
   Existing law provides that the proper and timely transfer between
schools of pupils in foster care is the responsibility of both the
local educational agency and the county placing agency and imposes
various requirements relating to the transfer of those pupils between
schools.
   This bill would define "pupil in foster care" for these purposes.

   Existing law establishes the Public Schools Accountability Act of
1999 and requires the Superintendent of Public Instruction to develop
an Academic Performance Index (API), which consists, in part, of the
results of the tests administered pursuant to the Standardized
Testing and Reporting (STAR) Program, to measure the performance of
schools, to demonstrate comparable improvement in academic
achievement by all numerically significant ethnic and
socioeconomically disadvantaged subgroups within schools, and to rank
schools based on the value of the API. Existing law requires the
Superintendent to develop an alternative accountability system for
specified schools.
   This bill would add nonpublic, nonsectarian schools, as specified,
to the list of schools for which development of an alternative
accountability system is required. This bill would also delete
obsolete provisions.
   Existing law defines the term "nonpublic, nonsectarian school" for
purposes of special education programs.
   This bill would revise that definition.
   Existing law requires a nonpublic, nonsectarian school or agency
that seeks certification to provide special education and related
services to file an application with the Superintendent, as
specified. Existing law requires an applicant for certification to
provide the special education local plan area in which the applicant
is located with written notification of its intent to seek
certification or renewal of its certification. Existing law provides
that if the applicant has not received a response from the local
educational agency 30 days from the date of the return receipt for
the notification, the applicant may file the application with the
Superintendent. Existing law requires the Superintendent, prior to
certification, to conduct an onsite review of the facility and
program for which the applicant seeks certification. Existing law
requires the Superintendent to conduct an additional onsite review of
the facility and program within 4 years of the effective date of the
certification, unless a specified exception applies.
   This bill would provide that if the applicant has not received a
response from the local educational agency 60 calendar days from the
date of the return receipt for initial applications or 30 calendar
days from the date of the return receipt for renewal applications,
the applicant may file the application with the Superintendent. The
bill would instead require an additional onsite review within 3 years
of the effective date of certification.
   Existing law sets forth the circumstances under which a minor may
be adjudged a dependent child of the juvenile court, and establishes
procedures to determine temporary placement of a dependent child.
   This bill would authorize the court, at the initial hearing or
anytime thereafter up until the time that the minor is adjudged a
dependent child of the court or a finding is made dismissing the
petition, to temporarily limit the right of the parent or guardian to
make educational decisions for the child and to temporarily appoint
a responsible adult to make educational decisions for the child if
all of the specified conditions are found. The bill would also
authorize the court to make educational decisions for the child under
specified circumstances.
   Existing law authorizes a juvenile court to limit the right of a
parent or guardian to make educational decisions for his or her child
that is adjudged a dependent child of the court and requires the
court at the same time to appoint a responsible adult to make
educational decisions for the child until one of specified
circumstances occurs.
   This bill would authorize the court to make educational decisions
for the child if the court cannot identify a responsible adult to
make educational decisions for the child, the appointment of a
surrogate parent is not warranted, and there is no foster parent to
exercise the appropriate authority. The bill would require the court,
if it makes educational decisions for the child, to issue
appropriate orders to ensure that every effort is made to identify a
responsible adult to make future educational decisions for the child.

   Existing law requires the county welfare department, at any
hearing to terminate jurisdiction over a dependent child who has
reached the age of majority, to, among other things, submit a report
verifying that specified documents, where applicable, have been
provided to the child.
   This bill would impose a state-mandated local program by requiring
a county welfare department to verify that a health and education
summary has been provided to the child.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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


  SECTION 1.  Section 48853 of the Education Code is amended to read:

   48853.  (a) A pupil placed in a licensed children's institution or
foster family home shall attend programs operated by the local
educational agency, unless one of the following applies:
   (1) The pupil is entitled to remain in his or her school of origin
pursuant to paragraph (1) of subdivision (d) of Section 48853.5.
   (2) The pupil has an individualized education program requiring
placement in a nonpublic, nonsectarian school or agency, or in
another local educational agency.
   (3) The parent or guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361 or
727 of the Welfare and Institutions Code or Section 56055, determines
that it is in the best interests of the pupil to be placed in
another educational program.
   (b) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, a community school as
described in Sections 1981 and 48660, or other alternative
educational setting, the parent or guardian, or person holding the
right to make educational decisions for the pupil pursuant to Section
361 or 726 of the Welfare and Institutions Code or Section 56055,
shall first consider placement in the regular public school.
   (c) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (e) of Section
48853.5, pending resolution of the dispute. The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency.
   (d) This section does not supersede other laws that govern pupil
expulsion.
   (e) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.
   (f) Foster children living in emergency shelters, as referenced in
the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11301 et seq.), may receive educational services at the emergency
shelter as necessary for short periods of time for either of the
following reasons:
   (1) For health and safety emergencies.
   (2) To provide temporary, special, and supplementary services to
meet the child's unique needs if a decision regarding whether it is
in the child's best interests to attend the school of origin cannot
be made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.
   The educational services may be provided at the shelter pending a
determination by the person holding the right regarding the
educational placement of the child.
   (g) All educational and school placement decisions shall be made
to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources, services,
and extracurricular and enrichment activities that are available to
all pupils. In all instances, educational and school placement
decisions shall be based on the best interests of the child.
  SEC. 2.  Section 48853.5 of the Education Code is amended to read:

   48853.5.  (a) This section applies to any foster child who has
been removed from his or her home pursuant to Section 309 of the
Welfare and Institutions Code, is the subject of a petition filed
under Section 300 or 602 of the Welfare and Institutions Code, or has
been removed from his or her home and is the subject of a petition
filed under Section 300 or 602 of the Welfare and Institutions Code.

   (b) Each local educational agency shall designate a staff person
as the educational liaison for foster children.  In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24, the educational
liaison shall be affiliated with the local foster children services
program. The liaison shall do all of the following:
   (1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
   (2) Assist foster children when transferring from one school to
another or from one school district to another in ensuring proper
transfer of credits, records, and grades.
   (c) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison is
advisory with respect to placement decisions and determination of
school of origin.
   (d) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
academic school year.
   (2) The liaison, in consultation with and the agreement of the
foster child and the person holding the right to make educational
decisions for the foster child may, in accordance with the foster
child's best interests, recommend that the foster child's right to
attend the school of origin be waived and the foster child be
enrolled in any public school that pupils living in the attendance
area in which the foster child resides are eligible to attend.
   (3) Prior to making any recommendation to move a foster child from
his or her school of origin, the liaison shall provide the foster
child and the person holding the right to make educational decisions
for the foster child with a written explanation stating the basis for
the recommendation and how this recommendation serves the foster
child's best interest.
   (4) (A) If the liaison in consultation with the foster child and
the person holding the right to make educational decisions for the
foster child agree that the best interests of the foster child would
best be served by his or her transfer to a school other than the
school of origin, the foster child shall immediately be enrolled in
the new school.
   (B) The new school shall immediately enroll the foster child even
if the foster child has outstanding fees, fines, textbooks, or other
items or moneys due to the school last attended or is unable to
produce records or clothing normally required for enrollment, such as
previous academic records, medical records, proof of residency,
other documentation, or school uniforms.
   (C) The liaison for the new school shall, within two business days
of the foster child's request for enrollment, contact the school
last attended by the foster child to obtain all academic and other
records. All required records shall be provided to the new school
regardless of any outstanding fees, fines, textbooks, or other items
or moneys owed to the school last attended. The school liaison for
the school last attended shall provide all records to the new school
within two business days of receiving the request.
   (5) If any dispute arises regarding the request of a foster child
to remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute. The
dispute shall be resolved in accordance with the existing dispute
resolution process available to any pupil served by the local
educational agency.
   (6) The local educational agency and the county placing agency are
encouraged to collaborate to ensure maximum utilization of available
federal moneys, explore public-private partnerships, and access any
other funding sources to promote the well-being of foster children
through educational stability.
   (e) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled. If the school the
foster child attended when permanently housed is different from the
school in which the foster child was last enrolled, or if there is
some other school that the foster child attended with which the
foster child is connected and which the foster child attended within
the immediately preceding 15 months, the liaison, in consultation
with and the agreement of the foster child and the person holding the
right to make educational decisions for the foster child, shall
determine, in the best interests of the foster child, the school that
shall be deemed the school of origin.
   (f) This section does not supersede other law governing the
educational placements in juvenile court schools, as defined by
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
  SEC. 3.  Section 48859 of the Education Code is amended to read:
   48859.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "County placing agency" means the county social services
department or county probation department.
   (b) "Educational authority" means an entity designated to
represent the interests of a child for educational and related
services.
   (c) "Local educational agency" means a school district, a county
office of education, a charter school participating as a member of a
special education local plan area, or a special education local plan
area.
  SEC. 4.  Section 49069.5 of the Education Code is amended to read:

   49069.5.  (a) The Legislature finds and declares that the mobility
of pupils in foster care often disrupts their educational
experience. The Legislature also finds that efficient transfer
procedures and transfer of pupil records is a critical factor in the
swift placement of foster children in educational settings.
   (b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency and the county placing agency.
   (c) As soon as the county placing agency becomes aware of the need
to transfer a pupil in foster care out of his or her current school,
the county placing agency shall contact the appropriate person at
the local educational agency of the pupil. The county placing agency
shall notify the local educational agency of the date that the pupil
will be leaving the school and request that the pupil be transferred
out.
   (d) Upon receiving a transfer request from a county placing
agency, the local educational agency shall, within two business days,
transfer the pupil out of school and deliver the educational
information and records of the pupil to the next educational
placement.
   (e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if applicable, a copy of the
pupil's plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) or
individualized education program adopted pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C.  Sec. 1400 et
seq.).
   (f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and aware of the specific educational recordkeeping needs of
homeless, foster, and other transient children who transfer between
schools.
   (g) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school, and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
   (h) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.
   (i) For the purposes of this section, "pupil in foster care" means
any child who has been removed from his or her home pursuant to
Section 309 of the Welfare and Institutions Code, is the subject of a
petition filed under Section 300 or 602 of the Welfare and
Institutions Code, or has been removed from his or her home and is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.
  SEC. 5.  Section 52052 of the Education Code is amended to read:
   52052.  (a) (1) The Superintendent, with approval of the State
Board of Education, shall develop an Academic Performance Index
(API), to measure the performance of schools, especially the academic
performance of pupils.
   (2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
   (A) Ethnic subgroups.
   (B) Socioeconomically disadvantaged pupils.
   (C) English language learners.
   (D) Pupils with disabilities.
   (3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
   (i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
   (ii) The subgroup constitutes at least 15 percent of a school's
total population of pupils who have valid test scores.
   (B) If a subgroup does not constitute 15 percent of the school's
total population of pupils with valid test scores, the subgroup may
constitute a numerically significant pupil subgroup if it has at
least 100 valid test scores.
   (C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant subgroups shall be defined by the Superintendent, with
approval by the State Board of Education.
   (4) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for pupils
in secondary schools.
   (A) The pupil data collected for the API that comes from the
achievement test administered pursuant to Sections 60640 and 60644
and the high school exit examination administered pursuant to Section
60851, when fully implemented, shall be disaggregated by special
education status, English language learners, socioeconomic status,
gender and ethnic group. Only the test scores of pupils who were
counted as part of the enrollment in the annual California Basic
Education Data System's data collection for the current fiscal year
and who were continuously enrolled during that year may be included
in the test result reports in the school's API. Results of the
achievement test and other tests specified in subdivision (b) shall
constitute at least 60 percent of the value of the index.
   (B) Before including high school graduation rates and attendance
rates in the index, the Superintendent shall determine the extent to
which the data are currently reported to the state and the accuracy
of the data.
   (b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
   (1) The assessment of the applied academic skills matrix test
developed pursuant to Section 60604.
   (2) The nationally normed test designated pursuant to Section
60642.
   (3) The standards-based achievement tests provided for in Section
60642.5.
   (4) The high school exit examination.
   (c) Based on the API, the Superintendent shall develop, and the
State Board of Education shall adopt, expected annual percentage
growth targets for all schools based on their API baseline score from
the previous year. Schools are expected to meet these growth targets
through effective allocation of available resources. For schools
below the statewide API performance target adopted by the State Board
of Education pursuant to subdivision (d), the minimum annual
percentage growth target shall be 5 percent of the difference between
a school's actual API score and the statewide API performance
target, or one API point, whichever is greater. Schools at or above
the statewide API performance target shall have, as their growth
target, maintenance of their API score above the statewide API
performance target. However, the State Board of Education may set
differential growth targets based on grade level of instruction and
may set higher growth targets for the lowest performing schools
because they have the greatest room for improvement. To meet its
growth target, a school shall demonstrate that the annual growth in
its API is equal to or more than its schoolwide annual percentage
growth target and that all numerically significant pupil subgroups,
as defined in subdivision (a), are making comparable improvement.
   (d) Upon adoption of state performance standards by the State
Board of Education, the Superintendent shall recommend, and the State
Board of Education shall adopt, a statewide API performance target
that includes consideration of performance standards and represents
the proficiency level required to meet the state performance target.
When the API is fully developed, schools must, at a minimum, meet
their annual API growth targets to be eligible for the Governor's
Performance Award Program as set forth in Section 52057. The State
Board of Education may establish additional criteria that schools
must meet to be eligible for the Governor's Performance Award
Program.
   (e) The API shall be used for both of the following:
   (1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
   (2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.

   (f) (1) A school with 11 to 99 pupils with valid test scores shall
receive an API score with an asterisk that indicates less
statistical certainty than API scores based on 100 or more test
scores.
   (2) A school shall annually receive an API score, unless the
Superintendent determines that an API score would be an invalid
measure of the school's performance for one or more of the following
reasons:
   (A) Irregularities in testing procedures occurred.
   (B) The data used to calculate the school's API score are not
representative of the pupil population at the school.
   (C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
   (D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
   (E) Insufficient pupil participation in the assessments included
in the API.
   (3) If a school has less than 100 pupils with valid test scores,
the calculation of the API or adequate yearly progress pursuant to
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) and federal regulations may be calculated over more than one
annual administration of the tests administered pursuant to Sections
60640 and 60644 and the high school exit exam administered pursuant
to Section 60851, consistent with regulations adopted by the State
Board of Education.
   (g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
   (h) The Superintendent, with the approval of the State Board of
Education, shall develop an alternative accountability system for
schools under the jurisdiction of a county board of education or a
county superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
  SEC. 6.  Section 56034 of the Education Code is amended to read:
   56034.  "Nonpublic, nonsectarian school" means a private,
nonsectarian school that enrolls individuals with exceptional needs
pursuant to an individualized education program and is certified by
the department. It does not include an organization or agency that
operates as a public agency or offers public service, including, but
not limited to, a state or local agency, an affiliate of a state or
local agency, including a private, nonprofit corporation established
or operated by a state or local agency, or a public university or
college. A nonpublic, nonsectarian school also shall meet standards
as prescribed by the Superintendent and board.
  SEC. 7.  Section 56366.1 of the Education Code is amended to read:

   56366.1.  (a) A nonpublic, nonsectarian school or agency that
seeks certification shall file an application with the Superintendent
on forms provided by the department and include the following
information on the application:
   (1) A description of the special education and designated
instruction and services provided to individuals with exceptional
needs if the application is for nonpublic, nonsectarian school
certification.
   (2) A description of the designated instruction and services
provided to individuals with exceptional needs if the application is
for nonpublic, nonsectarian agency certification.
   (3) A list of appropriately qualified staff, a description of the
credential, license, or registration that qualifies each staff member
rendering special education or designated instruction and services
to do so, and copies of their credentials, licenses, or certificates
of registration with the appropriate state or national organization
that has established standards for the service rendered.
   (4) An annual operating budget.
   (5) Affidavits and assurances necessary to comply with all
applicable federal, state, and local laws and regulations which
include criminal record summaries required of all nonpublic school or
agency personnel having contact with minor children under Section
44237.
   (b) (1) The applicant shall provide the special education local
plan area in which the applicant is located with the written
notification of its intent to seek certification or renewal of its
certification. The applicant shall submit on a form, developed by the
department, a signed verification by local educational agency
representatives that they have been notified of the intent to certify
or renew certification. The verification shall include a statement
that representatives of the local educational agency for the area in
which the applicant is located have had the opportunity to review the
application at least 60 calendar days prior to submission of an
initial application to the Superintendent, or at least 30 calendar
days prior to submission of a renewal application to the
Superintendent. The signed verification shall provide assurances that
local educational agency representatives have had the opportunity to
provide input on all required components of the application.
   (2) If the applicant has not received a response from the local
educational agency 60 calendar days from the date of the return
receipt for initial applications or 30 calendar days from the date of
the return receipt for renewal applications, the applicant may file
the application with the Superintendent. A copy of the return receipt
shall be included with the application as verification of
notification efforts to the local educational agency.
   (3) The department shall mail renewal application materials to
certified nonpublic, nonsectarian schools and agencies at least 120
days prior to the date their current certification expires.
   (c) If the applicant operates a facility or program on more than
one site, each site shall be certified.
   (d) If the applicant is part of a larger program or facility on
the same site, the Superintendent shall consider the effect of the
total program on the applicant. A copy of the policies and standards
for the nonpublic, nonsectarian school or agency and the larger
program shall be available to the Superintendent.
   (e) Prior to certification, the Superintendent shall conduct an
onsite review of the facility and program for which the applicant
seeks certification. The Superintendent may be assisted by
representatives of the special education local plan area in which the
applicant is located and a nonpublic, nonsectarian school or agency
representative who does not have a conflict of interest with the
applicant. The Superintendent shall conduct an additional onsite
review of the facility and program within three years of the
effective date of the certification, unless the Superintendent
conditionally certifies the school or agency or unless the
Superintendent receives a formal complaint against the school or
agency. In the latter two cases, the Superintendent shall conduct an
onsite review at least annually.
   (f) The Superintendent shall make a determination on an
application within 120 days of receipt of the application and shall
certify, conditionally certify, or deny certification to the
applicant. If the Superintendent fails to take one of these actions
within 120 days, the applicant is automatically granted conditional
certification for a period terminating on August 31, of the current
school year. If certification is denied, the Superintendent shall
provide reasons for the denial. The Superintendent may certify the
school or agency for a period of not longer than one year.
   (g) Certification becomes effective on the date the nonpublic,
nonsectarian school or agency meets all the application requirements
and is approved by the Superintendent. Certification may be
retroactive if the school or agency met all the requirements of this
section on the date the retroactive certification is effective.
Certification expires on December 31 of the terminating year.
   (h) The Superintendent shall annually review the certification of
each nonpublic, nonsectarian school and agency.  For this purpose, a
certified school or agency shall annually update its application
between August 1 and October 31, unless the board grants a waiver
pursuant to Section 56101. The Superintendent may conduct
                                  an onsite review as part of the
annual review.
   (i) (1) The Superintendent shall conduct an investigation of a
nonpublic, nonsectarian school or agency onsite at any time without
prior notice if there is substantial reason to believe that there is
an immediate danger to the health, safety, or welfare of a child. The
Superintendent shall document the concern and submit it to the
nonpublic, nonsectarian school or agency at the time of the onsite
investigation. The Superintendent shall require a written response to
any noncompliance or deficiency found.
   (2) With respect to a nonpublic, nonsectarian school, the
Superintendent shall conduct an investigation, which may include an
unannounced onsite visit, if the Superintendent receives evidence of
a significant deficiency in the quality of educational services
provided, a violation of Section 56366.9, or noncompliance with the
policies expressed by subdivision (b) of Section 1501 of the Health
and Safety Code by the nonpublic, nonsectarian school. The
Superintendent shall document the complaint and the results of the
investigation and shall provide copies of the documentation to the
complainant, the nonpublic, nonsectarian school, and the contracting
local educational agency.
   (3) Violations or noncompliance documented pursuant to paragraph
(1) or (2) shall be reflected in the status of the certification of
the school, at the discretion of the Superintendent, pending an
approved plan of correction by the nonpublic, nonsectarian school.
The department shall retain for a period of 10 years, all violations
pertaining to certification of the nonpublic, nonsectarian school or
agency.
   (j) The Superintendent shall monitor the facilities, the
educational environment, and the quality of the educational program,
including the teaching staff, the credentials authorizing service,
the standards-based core curriculum being employed, and the standard
focused instructional materials used, of an existing certified
nonpublic, nonsectarian school or agency on a three-year cycle, as
follows:
   (1) The nonpublic, nonsectarian school or agency shall complete a
self-review in year one.
   (2) The Superintendent shall conduct an onsite review of the
nonpublic, nonsectarian school or agency in year two.
   (3) The Superintendent shall conduct a followup visit to the
nonpublic, nonsectarian school or agency in year three.
   (k) (1) Notwithstanding any other provision of law, the
Superintendent may not certify a nonpublic, nonsectarian school or
agency that proposes to initiate or expand services to pupils
currently educated in the immediate prior fiscal year in a juvenile
court program, community school pursuant to Section 56150, or other
nonspecial education program, including independent study or adult
school, or both, unless the nonpublic, nonsectarian school or agency
notifies the county superintendent of schools and the special
education local plan area in which the proposed new or expanded
nonpublic, nonsectarian school or agency is located of its intent to
seek certification.
   (2) The notification shall occur no later than the December 1
prior to the new fiscal year in which the proposed or expanding
school or agency intends to initiate services. The notice shall
include the following:
   (A) The specific date upon which the proposed nonpublic,
nonsectarian school or agency is to be established.
   (B) The location of the proposed program or facility.
   (C) The number of pupils proposed for services, the number of
pupils currently served in the juvenile court, community school, or
other nonspecial education program, the current school services
including special education and related services provided for these
pupils, and the specific program of special education and related
services to be provided under the proposed program.
   (D) The reason for the proposed change in services.
   (E) The number of staff that will provide special education and
designated instruction and services and hold a current valid
California credential or license in the service rendered or
certificate of registration to provide occupational therapy.
   (3) In addition to the requirements in subdivisions (a) to (f),
inclusive, the Superintendent shall require and consider the
following in determining whether to certify a nonpublic, nonsectarian
school or agency as described in this subdivision:
   (A) A complete statement of the information required as part of
the notice under paragraph (1).
   (B) Documentation of the steps taken in preparation for the
conversion to a nonpublic, nonsectarian school or agency, including
information related to changes in the population to be served and the
services to be provided pursuant to each pupil's individualized
education program.
   (4) Notwithstanding any other provision of law, the certification
becomes effective no earlier than July 1 if the school or agency
provided the notification required pursuant to paragraph (1).
   (l) (1) Commencing July 1, 2006, notwithstanding any other
provision of law, the Superintendent may not certify or renew the
certification of a nonpublic, nonsectarian school or agency, unless
all of the following conditions are met:
   (A) The entity operating the nonpublic, nonsectarian school or
agency maintains separate financial records for each entity that it
operates, with each nonpublic, nonsectarian school or agency
identified separately from any licensed children's institution that
it operates.
   (B) The entity submits an annual budget that identifies the
projected costs and revenues for each entity and demonstrates that
the rates to be charged are reasonable to support the operation of
the entity.
   (C) The entity submits an entity-wide annual audit that identifies
its costs and revenues, by entity, in accordance with generally
accepted accounting and auditing principles. The audit shall clearly
document the amount of moneys received and expended on the education
program provided by the nonpublic, nonsectarian school.
   (D) The relationship between various entities operated by the same
entity are documented, defining the responsibilities of the
entities. The documentation shall clearly identify the services to be
provided as part of each program, for example, the residential or
medical program, the mental health program, or the educational
program. The entity shall not seek funding from a public agency for a
service, either separately or as part of a package of services, if
the service is funded by another public agency, either separately or
as part of a package of services.
   (2) For purposes of this section, the term "licensed children's
institution" has the same meaning as it is defined by Section
56155.5.
   (m) The school or agency shall be charged a reasonable fee for
certification. The Superintendent may adjust the fee annually
commensurate with the statewide average percentage inflation
adjustment computed for revenue limits of unified school districts
with greater than 1,500 units of average daily attendance if the
percentage increase is reflected in the district revenue limit for
inflation purposes. For purposes of this section, the base fee shall
be the following:



      (1) 1-5 pupils ...............       $ 300

      (2) 6-10 pupils ..............         500

      (3) 11-24 pupils .............       1,000

      (4) 25-75 pupils .............       1,500

      (5) 76 pupils and over .......       2,000


   The school or agency shall pay this fee when it applies for
certification and when it updates its application for annual review
by the Superintendent. The Superintendent shall use these fees to
conduct onsite reviews, which may include field experts. No fee shall
be refunded if the application is withdrawn or is denied by the
Superintendent.
   (n) (1) Notwithstanding any other provision of law, only those
nonpublic, nonsectarian schools and agencies that provide special
education and designated instruction and services utilizing staff who
hold a certificate, permit, or other document equivalent to that
which staff in a public school are required to hold in the service
rendered are eligible to receive certification. Only those nonpublic,
nonsectarian schools or agencies located outside of California that
employ staff who hold a current valid credential or license to render
special education and related services as required by that state
shall be eligible to be certified.
   (2) The board shall develop regulations to implement this
subdivision.
   (o) In addition to meeting the standards adopted by the board, a
nonpublic, nonsectarian school or agency shall provide written
assurances that it meets all applicable standards relating to fire,
health, sanitation, and building safety.
  SEC. 8.  Section 56366.2 of the Education Code is amended to read:

   56366.2.  (a) A district, special education local plan area,
county office, nonpublic, nonsectarian school, or nonpublic,
nonsectarian agency may petition the Superintendent to waive one or
more of the requirements under Sections 56365, 56366, 56366.3, and
56366.6. The petition shall state the reasons for the waiver request,
and shall include the following:
   (1) Sufficient documentation to demonstrate that the waiver is
necessary to the content and implementation of a specific pupil's
individualized education program and the pupil's current placement.
   (2) The period of time that the waiver will be effective during
any one school year.
   (3) Documentation and assurance that the waiver does not abrogate
any right provided individuals with exceptional needs and their
parents or guardians under state or federal law, and does not hinder
the compliance of a district, special education local plan area, or
county office with the Individuals with Disabilities Education Act
(20 U.S.C.  Sec. 1400 et seq.), Section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. Sec. 794), the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations
relating thereto.
   (b) No waiver shall be granted for reimbursement of those costs
prohibited under Article 4 (commencing with Section 56836.20) of
Chapter 7.2 of Part 30 or for the certification requirements pursuant
to Section 56366.1 unless approved by the board pursuant to Section
56101.
   (c) In submitting the annual report on waivers granted under
Section 56101 and this section to the board, the Superintendent shall
specify information related to the provision of special education
and related services to individuals with exceptional needs through
contracts with nonpublic, nonsectarian schools and agencies located
in the state, nonpublic, nonsectarian school and agency placements in
facilities located out of state, and the specific section waived
pursuant to this section.
  SEC. 9.  Section 319 of the Welfare and Institutions Code is
amended to read:
   319.  (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.

   (b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's physical custody; the
need, if any, for continued detention; the available services and the
referral methods to those services that could facilitate the return
of the child to the custody of the child's parents or guardians; and
whether there are any relatives who are able and willing to take
temporary physical custody of the child. The court shall order the
release of the child from custody unless a prima facie showing has
been made that the child comes within Section 300, the court finds
that continuance in the parent's or guardian's home is contrary to
the child's welfare, and any of the following circumstances exist:
   (1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parent's
or guardian's physical custody.
   (2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (3) The child has left a placement in which he or she was placed
by the juvenile court.
   (4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
   (c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
   (d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
   (2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the physical custody of his or her parent or guardian, the court
shall determine if there is a relative who is able and willing to
care for the child, and has been assessed pursuant to paragraph (1)
of subdivision (d) of Section 309.
   (e) Whenever a court orders a child detained, the court shall
state the facts on which the decision is based, shall specify why the
initial removal was necessary, shall reference the social worker's
report or other evidence relied upon to make its determination
whether continuance in the home of the parent or legal guardian in
contrary to the child's welfare, shall order temporary placement and
care of the child to be vested with the county child welfare
department pending the hearing held pursuant to Section 355 or
further order of the court, and shall order services to be provided
as soon as possible to reunify the child and his or her family if
appropriate.
   (f) When the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.

   As used in this section, "relative" means an adult who is related
to the child by blood, adoption, or affinity within the fifth degree
of kinship, including stepparents, stepsiblings, and all relatives
whose status is preceded by the words "great," "great-great," or
"grand," or the spouse of any of these persons, even if the marriage
was terminated by death or dissolution. However, only the following
relatives shall be given preferential consideration for placement of
the child: an adult who is a grandparent, aunt, uncle, or sibling of
the child.
   The court shall consider the recommendations of the social worker
based on the assessment pursuant to paragraph (1) of subdivision (d)
of Section 309 of the relative's home, including the results of a
criminal records check and prior child abuse allegations, if any,
prior to ordering that the child be placed with a relative. The court
shall order the parent to disclose to the social worker the names,
residences, and any known identifying information of any maternal or
paternal relatives of the child. The social worker shall initiate the
assessment pursuant to Section 361.3 of any relative to be
considered for continuing placement.
   (g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 1406 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational decisions for the child
and temporarily appoint a responsible adult to make educational
decisions for the child if all of the following conditions are found:

   (A) The parent or guardian is unavailable, unable, or unwilling to
exercise educational rights for the child.
   (B) The county placing agency has made diligent efforts to locate
and secure the participation of the parent or guardian in educational
decisionmaking.
   (C) The child's educational needs cannot be met without the
temporary appointment of a responsible adult.
   (2) If the court cannot identify a responsible adult to make
educational decisions for the child and the appointment of a
surrogate parent as defined in subdivision (a) of Section 56050 of
the Education Code is not warranted, the court may, with the input of
any interested person, make educational decisions for the child. If
the court makes educational decisions for the child, the court shall
also issue appropriate orders to ensure that every effort is made to
identify a responsible adult to make future educational decisions for
the child.
   (3) Any temporary appointment of a responsible adult and temporary
limitation on the right of the parent or guardian to make
educational decisions for the child shall be specifically addressed
in the court order. Any order made under this section shall expire at
the conclusion of the hearing held pursuant to Section 361 or upon
dismissal of the petition. Upon the entering of disposition orders
any additional needed limitation on the parent's or guardian's
educational rights shall be addressed pursuant to Section 361.
  SEC. 10.  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 may not exceed those necessary to protect the
child. If 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) The minor reaches 18 years of age, unless the child chooses
not to make educational decisions for himself or herself, or is
deemed by the court to be incompetent.
   (2) Another responsible adult is appointed to make educational
decisions for the minor pursuant to this section.
   (3) The right of the parent or guardian to make educational
decisions for the minor is fully restored.
   (4) A successor guardian or conservator is appointed.
   (5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (3) of subdivision (g) of Section
366.21, Section 366.22, or Section 366.26, at which time the foster
parent, relative caretaker, or nonrelative extended family member as
defined in Section 362.7, has the right to represent the child in
educational matters pursuant to Section 56055 of the Education Code.

   An individual who would have a conflict of interest in
representing the child may not be appointed to make educational
decisions. For purposes of this section, "an individual who would
have a conflict of interest," means a person having any interests
that might restrict or bias his or her ability to make educational
decisions, including, but not limited to, those conflicts of interest
prohibited by Section 1126 of the Government Code, and the receipt
of compensation or attorneys' fees for the provision of services
pursuant to this section. A foster parent may not be deemed to have a
conflict of interest solely because he or she receives compensation
for the provision of services pursuant to this section.
   If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
   If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.
   All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child.
   (b) Subdivision (a) does not 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) A dependent child may not 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 or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor 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 parent's or
guardian's 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 physical 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 physical
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 366.26, 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 himself or herself 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. 11.  Section 391 of the Welfare and Institutions Code is
amended to read:
   391.  At any hearing to terminate jurisdiction over a dependent
child who has reached the age of majority the county welfare
department shall do both of the following:
   (a) Ensure that the child is present in court, unless the child
does not wish to appear in court, or document efforts by the county
welfare department to locate the child when the child is not
available.
   (b) Submit a report verifying that the following information,
documents, and services have been provided to the child:
   (1) Written information concerning the child's dependency case,
including his or her family history and placement history, the
whereabouts of any siblings under the jurisdiction of the juvenile
court, unless the court determines that sibling contact would
jeopardize the safety or welfare of the sibling, directions on how to
access the documents the child is entitled to inspect under Section
827, and the date on which the jurisdiction of the juvenile court
would be terminated.
   (2) The following documents, where applicable: social security
card, certified birth certificate, health and education summary as
described in subdivision (a) of Section 16010, identification card,
as described in Section 13000 of the Vehicle Code, death certificate
of parent or parents, and proof of citizenship or residence.
   (3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance; referral to
transitional housing, if available, or assistance in securing other
housing; and assistance in obtaining employment or other financial
support.
   (4) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
   (5) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement in a
group home for six months or longer from the date the child entered
foster care, based on the child's best interests.
   (c) The court may continue jurisdiction if it finds that the
county welfare department has not met the requirements of subdivision
(b) and that termination of jurisdiction would be harmful to the
best interests of the child. If the court determines that continued
jurisdiction is warranted pursuant to this section, the continuation
shall only be ordered for that period of time necessary for the
county welfare department to meet the requirements of subdivision
(b). This section shall not be construed to limit the discretion of
the juvenile court to continue jurisdiction for other reasons. The
court may terminate jurisdiction if the county welfare department has
offered the required services, and the child either has refused the
services or, after reasonable efforts by the county welfare
department, cannot be located.
   (d) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms, necessary to implement this
section.
  SEC. 12.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.