BILL ANALYSIS AB 167 Page 1 Date of Hearing: April 22, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair AB 167 (Adams) - As Amended: March 25, 2009 Policy Committee: Education Vote:10-0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill requires a school district to exempt a pupil in foster care, who transfers to the district in grade 11 or 12 and would not be able to graduate from high school while he or she remains eligible for foster care benefits, from additional coursework requirements the local governing board adopts to meet graduation requirements. Specifically, this bill: Requires a school district to notify a pupil in foster care who is granted this exemption and, as appropriate, the person holding the right to make educational decisions for the pupil, if any of the requirements that are waived will affect the pupil's ability to gain admission to a postsecondary education institution and provide information about transfer opportunities available through the California Community Colleges. FISCAL EFFECT GF/98 state reimbursable mandated costs, likely less than $100,000, to school districts to comply with the notification requirement in this bill. This assumes between three and 10% of foster care pupils are notified. COMMENTS 1)Purpose . As of July 2008, there were 68,475 children in California's foster care system. These children are more than likely to be placed in multiple residences prior to graduation from high school. These residences are not always going to be within the same school district. According to a report from the California Education Collaborative for Children in Foster AB 167 Page 2 Care, about 50% of foster youth have been held back in school; 46% will not complete high school and fewer than 3% will go on to a four-year college. The report further points out that most children who enter the foster care system are already a full academic year behind their peers. 2)Existing law requires students in grades 9 to 12 to take three courses in English, two courses in mathematics, two courses in science, three courses in social studies, one course in visual or performing arts of foreign language, and two courses in physical education. It also authorizes school districts to add other requirements for graduation at their discretion. Likewise, statute authorizes a foster care child who is attending high school or the equivalent level of vocational training on a full-time basis or is in the process of pursuing a high school equivalency certificate (prior to his or her 18th birthday) to continue to receive foster care aid following his or her 18th birthday as long as the child continues to reside in foster care placement and continues to attend high school or the equivalent on a full-time basis. It also states that the child may reasonably be expected to complete the educational or training program or to receive a high school equivalency certificate, before his or her 19th birthday. 3)AB 490 (Steinberg), Chapter 862, Statues of 2003 , provided school districts, county social service agencies, and other professionals with additional responsibilities to facilitate educational equity for foster children. Chapter 862 specifies that when a foster child changes schools, the school must immediately enroll the student, even if the student is missing things usually required for enrollment (e.g. academic and medical records, immunization records, proof of residency, a school uniform) or if the student owes fees or materials to a prior school. Every school district is also required to appoint a foster care liaison to serve foster children. 4)Related legislation . AB 12 (Beall), pending in the Assembly Human Services Committee, extends foster care benefits to age 21, per recently enacted federal legislation. 5)Prior legislation . AB 2138, which is similar to this measure, was vetoed in October 2008, with the following message: AB 167 Page 3 "This bill attempts to create a statewide policy of exempting certain foster care students from district-specific graduation requirements. In doing so, this bill would usurp the authority of local school boards to determine the conditions under which students should be granted diplomas. Beyond the current minimum statewide requirements, local school boards have the ability to waive their own local graduation requirements based on the merit of each student's case. This bill would undermine their ability to judge each individual student's particular circumstances." Analysis Prepared by : Kimberly Rodriguez / APPR. / (916) 319-2081