BILL ANALYSIS
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THIRD READING
Bill No: AB 1261
Author: Leno (D)
Amended: 8/15/05 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 12-0, 6/15/05
AYES: Scott, Maldonado, Alquist, Denham, Dutton,
Lowenthal, Morrow, Romero, Simitian, Soto, Speier,
Torlakson
SENATE JUDICIARY COMMITTEE : 6-0, 06/28/05
AYES: Dunn, Morrow, Ackerman, Cedillo, Figueroa, Kuehl
NO VOTE RECORDED: Escutia
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/19/05 - See last page for vote
SUBJECT : Foster children: education
SOURCE : Children's Law Center of Los Angeles
DIGEST : This bill clarifies and cleans up the provisions
of AB 490 (Steinberg), Chapter 862, Statutes of 2003,
addressing the educational needs of children in the foster
care system. It also reinstates language that was
inadvertently chaptered out of AB 1858 (Steinberg), Chapter
914, Statutes of 2004, by SB 722 (McPherson), Chapter 915,
Statutes of 2004.
CONTINUED
AB 1261
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ANALYSIS : Current law requires county offices of
education to make available information on educational
options for children residing in licensed children's
institutions to agencies placing children in licensed
children's institutions. Every agency that places a child
in a licensed children's institution is required to notify
the local education agency (LEA) at the time of the
placement, and the LEA is required to have a designated
staff person as the educational liaison for foster youth.
A pupil placed in a licensed children's institution or
foster family home is required to attend programs operated
by the LEA, except as specified. If a school placement
dispute arises, a foster youth has the right to remain in
the school that the foster child attended when permanently
housed or the school in which the foster child was last
enrolled.
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. A juvenile court may limit
the right of a parent or guardian to make educational
decisions for his or her child that is adjudged a dependent
of the court and at the same time the court may appoint a
responsible adult to make educational decisions for the
child.
This bill makes changes to the provisions related to the
education of foster youth, as follows:
1.Requires LEAs to implement a dispute resolution process
relating to the placement of foster children, and
provides a written explanation of the school's decisions
relating to placement or enrollment. To the extent this
imposes additional duties on LEAs, the bill creates a
state mandated local program.
2.Revises the circumstances under which a student placed in
a licensed children's institute or foster family home
attends programs operated by a LEA.
3.Defines "pupil in foster care" for the purpose of
coordinating between the LEA and placement agency for the
proper transfer between schools of pupils in foster care.
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4.Add nonpublic, nonsectarian schools to the list of
schools for which development of an alternative
accountability system is required.
5.Provides that if an applicant does not receive a response
on a renewal application from the LEA within specified
time periods, the applicant may file the application with
the Superintendent of Public Instruction.
6.Authorizes the court to temporarily limit the right of
the parent to make educational decisions for the child
and to temporarily appoint a responsible adult to make
education decisions for the child if specified conditions
are found.
7.Authorizes 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, there
is o foster parent to exercise the appropriate authority,
and to issue appropriate orders to ensure that every
effort is made to identify a responsible adult to make
future educational decisions for the child.
8.Requires county welfare departments, at any hearing to
terminate jurisdiction over a dependent child who has
reached the age of majority to include a health and
education summary in a specified report.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Requiring school districts to have in place a process to
resolve disputes relating to a licensed children's
institute or nonsectarian schools placement of a student
and to provide a written explanation of the decision where
the parent disputes the decision will result in new mandate
costs. If the cost of a dispute resolution is $500 and
there are 200 per year, costs will be $100,000 annually.
SUPPORT : (Verified 8/16/05)
Children's Law Center of Los Angeles (source)
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National Association of Social Workers, California Chapter
Juvenile Court Judges of California
California Coalition for Youth
Family Law Section of the State Bar of California
National Center for Youth Law
Inter-Agency Council on Child Abuse and Neglect
American Federation of State, County and Municipal
Employees
Protection & Advocacy, Inc.
Gay and Lesbian Adolescent Social Services, Inc.
California Alliance of Child and Family Services
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Berg, Bermudez,
Blakeslee, Bogh, Canciamilla, Chan, Chu, Cogdill, Cohn,
Coto, Daucher, De La Torre, DeVore, Dymally, Emmerson,
Evans, Frommer, Goldberg, Hancock, Harman, Haynes, Jerome
Horton, Shirley Horton, Houston, Huff, Jones, Karnette,
Keene, Klehs, Koretz, La Malfa, La Suer, Laird, Leno,
Leslie, Levine, Lieber, Matthews, Maze, McCarthy,
Montanez, Mountjoy, Mullin, Nakanishi, Nation, Nava,
Negrete McLeod, Niello, Oropeza, Parra, Pavley, Plescia,
Richman, Ridley-Thomas, Sharon Runner, Ruskin, Saldana,
Salinas, Spitzer, Strickland, Torrico, Tran, Umberg,
Vargas, Villines, Walters, Wolk, Wyland, Yee, Nunez
NO VOTE RECORDED: Benoit, Calderon, Chavez, Garcia,
Gordon, Liu
NC:cm 8/17/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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