BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 1933
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          Date of Hearing:   March 24, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                AB 1933 (Brownley) - As Introduced:  February 17, 2010
           
           [This bill is double referred and will be heard by the Assembly  
          Human Services Committee as it relates to the issues under its  
          jurisdiction.]
           
          SUBJECT  :   Foster children: education

           SUMMARY  :   Requires a local educational agency (LEA) to allow a  
          child in foster care to remain in his or her school of origin  
          for the duration of the court's jurisdiction.  Specifically,  
           this bill  :  

          1)Requires a LEA, at the initial detention or any subsequent  
            change in placement of a foster child, to allow that child to  
            remain in his or her school of origin for the duration of the  
            court's jurisdiction, rather than for the duration of the  
            academic school year. 

          2)Provides that a LEA shall allow a child in foster care that  
            remains in his or her school of origin, following initial  
            detention or following a change in placement, to attend the  
            secondary schools designated for matriculation in accordance  
            with the established feeder patterns of the school district  
            when that child is transitioning between school grade levels. 

          3)Stipulates that if jurisdiction of the court has terminated  
            prior to the end of an academic school year, that a child  
            shall be allowed to remain in his or her school of origin for  
            the duration of the academic school year. 

           EXISTING LAW:   

          1)Allows a foster child to remain in his or her school of origin  
            for the duration of the school year when his or her  
            residential placement changes and when remaining in the same  
            school is in the child's best interest.

          2)Requires that case plans for children in the child welfare  
            system promote educational stability by taking into  
            consideration proximity to the child's school attendance area  









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            in selecting the most appropriate home that will meet the  
            child's special needs and best interests.

          3)Requires each LEA to designate a staff person as the  
            educational liaison for foster children to ensure and  
            facilitate the proper educational placement, enrollment in  
            school, and checkout from school of foster children, and to  
            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.

          4)Provides that the foster youth 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 that 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.

          5)Specifies that prior to making any recommendation to move a  
            foster child from his or her school of origin, the foster  
            youth 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.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :  Placement in foster care or changes in placement  
          while in foster care often result in school changes for foster  
          children, and these school changes are disruptive to the  
          educational achievement of these children.  As a 2009 research  
          synthesis on school mobility points out, "School mobility can  
          contribute to low school performance and related difficulties  
          because it introduces discontinuities in learning environments  
          that alter or weaken instructional, school, and peer ecologies.   
          Subject-matter curricula and expectations in the classroom can  
          differ dramatically across schools, which in addition to the  
          process of adjustment itself, can adversely affect learning.  













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          This often carries over to learning in the classroom."<1>

          Research supports that students who change schools frequently  
          are affected psychologically, socially and academically from  
          changing schools and that mobile students also face greater risk  
          of declines in academic achievement.  Every time a child is  
          moved to a new school, he or she loses four to six moths of  
          educational attainment.<2>  Furthermore, a 1999 study by  
          researchers at the University of California at Berkeley found  
          that high school students who changed schools even once were  
          less than half as likely to graduate even when controlling for  
          other variables that affect high school completion.<3>  Prior  
          legislative efforts have sought to address issues of school  
          stability for foster children.  As a result of AB 490 (Chapter  
          862, Statutes of 2003), current law allows a foster child to  
          remain in his or her school of origin for the duration of the  
          school year when his or her residential placement changes and  
          when staying in their school of origin is in the best interest  
          of the child.  Current law also provides that all decisions  
          regarding educational placements for children in foster care  
          should be made in the best interest of the child.  

          Additionally, recent federal law, the Fostering Connections to  
          Success and Increasing Adoptions Act (H.R. 6893/P.L. 110-351)  
          requires state child welfare agencies to improve educational  
          stability for children in foster care.  The federal law requires  
          child welfare agencies to coordinate with local education  
          agencies to ensure children remain in the school in which they  
          are enrolled at the time of placement into foster care, unless  
          it is not in the child's best interests.  The Fostering  
          Connections Act also provides some assistance with  
          transportation costs to assist children in remaining in their  
          original schools.  This bill, consistent with the Fostering  
          Connections Act, ensures foster children can remain in their  
          school of origin for the duration of the court's jurisdiction.  

          In addition, because current law allows a foster child to remain  
          in his or her school of origin only for the duration of a school  
          ---------------------------
          <1> Arthur J. Reynolds, Chin-Chih Chen, and Janette E. Herbers.  
          School Mobility and Educational Success: A Research Synthesis  
          and Evidence on Prevention. University of Minnesota: 2009  
          <2> Homeless in America: A Children's Story- Part One.  Homes  
          for the Homeless and Institute for Children and Poverty. 1999.
          <3> A Road Map for Learning: Improving Educational Outcomes in  
          Foster Care.  Casey Family Programs. 2004.








                                                                  AB 1933
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          year, that child may not be allowed to attend the corresponding  
          secondary schools which other children in that school attend and  
          thus remain in the attendance area of their school of origin.   
          AB 1933 would give foster children the opportunity to  
          matriculate from one grade level to the next with their peers.   
          Lastly, this bill gives children for whom the court's  
          jurisdiction ends prior to the end of the school year, the  
          ability to remain in the school of origin for the remainder of  
          that school year.  This provision is intended to allow children  
          that are reunified or adopted the opportunity to also have some  
          stability in educational placement, in acknowledgement that  
          children who are returned home also experience a move that can  
          often times be disruptive. 

           Suggested amendment  :  It has been noted that there are cases in  
          which a child returns home but the court's jurisdiction is not  
          dismissed, and in those cases some might argue that the child  
          would cease being a "foster" child.  The language in current  
          statute could be interpreted to require that the child must be a  
          "foster child" (i.e. currently placed out of home) to have the  
          right to the stability of a school placement provided by current  
          law and by this bill.  To address this issue,  staff recommends   
          the following amendment on page 2 lines 3-9: 

               48853.5. (a) This section applies to  any  a  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,  hereinafter "foster child."  

           Arguments in Support  :  Public Counsel writes, "The law currently  
          provides for school stability for the duration of each  
          individual school year or longer, if it is in the child's best  
          interest.  Unfortunately, existing law does not ensure that  
          youth will attend school with their peers as they progress  
          through school levels; it has also been read by some as limiting  
          a foster youth's ability to stay at a school only until the end  
          of the academic school year, even if it is in their best  
          interest to stay longer.  This means that the problems stemming  
          from school placement change are merely delayed until the child  
          is next uprooted from his or her school."









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          The California Court Appointed Special Advocates Association  
          writes, "AB 1933 gives children- and those that care about them-  
          the option to keep the child in the school of origin until the  
          case stabilizes, and therefore not mandating a change in schools  
          until it makes sense to do so.  This will give the child a  
          chance to make and maintain lasting connections with peers,  
          teachers, coaches, counselors, and others met through school.   
          It is these connections to caring individuals that really makes  
          the difference."  

           Related legislation  :  SB 1353 (Wright) indicates that the "best  
          interests of the child" includes, but is not limited to, minimal  
          disruptions to school attendance and educational stability, as  
          specified.  Requires the foster youth liaison to consult with  
          the county placing agency in making school transfer decisions  
          for pupils in foster care and require that minimal educational  
          disruption result from the transfer in order for a transfer to  
          take place.  Requires a child's case plan contain assurances  
          that all efforts are made to eliminate or reduce the need for  
          transfer from the school of origin during the academic year,  
          semester, or term of instruction when a foster child's placement  
          is changed.  SB 1353 is pending in the Senate Education  
          Committee.  

           Previous legislation  : AB 1067 (Brownley) of 2009, conforms state  
          law to federal law intended to ensure educational stability for  
          children in foster care, including requiring local education  
          agencies to allow foster children to remain in the school in  
          which they were enrolled at the time of foster care placement  
          and requires the Department of Social Services (DSS) to take all  
          reasonable actions to maximize eligibility for available federal  
          funding for reasonable travel costs for children in foster care,  
          in accord with federal law.  AB 1067 was held in the Assembly  
          Appropriations Committee.  

          AB 490 (Steinberg), Chapter 862, Statutes of 2003, created new  
          duties and rights related to the education of dependents and  
          wards in foster care, including giving foster youth the right to  
          remain in their school of origin for the duration of the school  
          year when their residential placement changes and remaining in  
          the same school is in the child's best interest.  

           REGISTERED SUPPORT / OPPOSITION  :   










                                                                  AB 1933
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           Support 
           
          Alliance for Children's Rights
          Angel's Flight At Risk Youth Services
          California Alliance for Child and Family Services 
          California Court Appointed Special Advocates Association 
          California Rural Legal Assistance
          California State PTA
          California Youth Connection
          Children's Advocacy Institute 
          Common Ground
          Compton Unified School District
          Families in Schools 
          Learning Rights Law Center
          My Friend's Place
          National Center for Youth Law
          Public Counsel
          United Friends of the Children 
          Youth Law Center 
          Individuals 

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Marisol Avi?a / ED. / (916) 319-2087