BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   April 13, 2010

                        ASSEMBLY COMMITTEE ON HUMAN SERVICES
                                Jim Beall, Jr., Chair
                   AB 1933 (Brownley) - As Amended:  April 5, 2010
           
          SUBJECT  :  Foster children: education

           SUMMARY  :  Modifies requirements for local educational agencies  
          to allow wards and dependents to stay in their school of origin  
          for the duration of the court's jurisdiction.   Specifically,  
           this bill  :  

          1)Specifies that when a child becomes a ward or dependent of the  
            court, or their residential placement changes, the local  
            educational agency (LEA) shall allow the child to continue in  
            his or her school of origin for the duration of the court's  
            jurisdiction.

          2)Provides that when court jurisdiction ends before the end of  
            the school year, the child shall be allowed to stay at the  
            school of origin until the end of the school year.

          3)Requires the LEA to allow a foster child to matriculate with  
            his or her peers between grade levels, and from one school to  
            another through high school for the duration of the court's  
            jurisdiction.

           EXISTING LAW  

          1)Requires that all educational and school placement decisions  
            for foster children be based on the best interests of the  
            child, ensuring the child is placed in the least restrictive  
            educational programs.  Education Code (EDC) 48850, 48853.

          2)Requires proximity to the child's school be considered, as one  
            of several criteria, including proximity to the parent's home,  
            and whether the selected setting is the least restrictive,  
            most family-like, and appropriate setting, when out-of-home  
            placement is considered in a child's case plan.  Welfare &  
            Institutions Code (WIC) 16501.1.

          3)Requires the LEA to allow a foster child to continue in his or  
            her school of origin for the  duration of the school year  when  








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            placed in foster care, or whenever the child's residential  
            placement changes.  EDC 48853.5.

          4)Provides that the LEA's educational liaison for foster  
            children (liaison), in consultation with, and the agreement  
            of, the foster child and the foster child's educational rights  
            holder, may recommend that the child's right to attend their  
            school of origin be waived if in the child's best interests.   
            EDC 48853.5.

          5)Requires that, when a foster child is to be best served by  
            transferring to a new school, rather than the school of  
            origin, the foster child shall be immediately enrolled in the  
            new school, regardless of whether the foster child has  
            outstanding fees, fines, or textbooks or the last school is  
            unable to provide the documents necessary for student  
            enrollment.  EDC 48853.5.

          6)Requires a foster child remain in his or her school of origin  
            should a dispute arise regarding the child's request to remain  
            in the school of origin.  EDC 48853.5.

          7)Defines "school of origin" as the school the foster child  
            attended when he or she was permanently housed or the last  
            school the foster child was enrolled in. EDC 48853.5. 

          8)Defines "local educational agency" as a school district,  
            county office of education, charter school participating as a  
            member of a special education local plan area, or special  
            education local plan area.  EDC 48859.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :
           
          Need for this bill:  According to the author, this bill is an  
          attempt to ensure educational stability by allowing foster  
          children to remain in their school of origin throughout the time  
          they are under the court's jurisdiction.  Educational stability  
          is an important way to ensure the overall well-being of foster  
          youth and helps to ensure a successful transition to adulthood.   
          As the Institute for Higher Education Policy pointed out in  
          their 2005 primer, "Higher Education Opportunities for Foster  
          Youth":








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               The most important barrier to educational attainment  
               and high school graduation that is unique to foster  
               youth is the frequent disruptions of their education  
               by changes in school placement. Foster youth change  
               schools about once every six months, and some research  
               suggests that they lose an average of four to six  
               months of educational attainment each time they change  
               schools.

          California made significant progress toward educational  
          stability through the framework provided by AB 490 (Steinberg),  
          Chapter 862, Statutes of 2003, which, in addition to requiring  
          immediate enrollment of foster children, also required that when  
          a child is placed in foster care, or the child's placement  
          changes, LEAs must allow the child to remain in his or her  
          school of origin until the end of the school year.  AB 490 also  
          attempted to improve educational stability by including it as  
          one of several factors considered when making residential  
          placement decisions for foster children.  

          This bill would require the LEA to allow a child to continue his  
          or her education in the child's school of origin, and to change  
          schools with his or her classmates as the child matriculates  
          from elementary to middle and high school, for as long as the  
          child remains in foster care, and that educational placement is  
          in his or her best interests.  It does not require the student  
          to be placed in the school of origin, nor does it add  
          requirements to how residential placement decisions are made.

          According to the author, this bill would extend the length of  
          time afforded to foster youth in their school of origin, to  
          align with provisions of the federal Fostering Connections to  
          Success and Increasing Adoptions Act of 2008 (Fostering  
          Connections Act) (H.R. 6893, P.L. 110-351), which seek to  
          improve educational stability for foster youth.  

           Arguments in support:  According to the California Youth  
          Connection:

               For foster youth, the transience of out-of-home  
               placement means that school placement may be the one  
               place where they can develop positive, lasting  
               relationships and legitimately depend on adult  








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               consistency.  Unfortunately, frequent changes in  
               residential placement lead to frequent changes in  
               school placement; it is estimated that California's  
               foster youth attend an average of nine different  
               schools by age 18.

          The California Court Appointed Special Advocates Association  
          writes in support of this bill: 

               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.  

           Arguments in opposition:  According to the Special Education  
          Local Plan Area Administrators (SELPAs): 

               This bill would require a local educational agency to  
               allow the foster child to continue at the school of  
               origin at the foster child's initial detention,  
               placement, or any subsequent change in placement for  
               the duration of the jurisdiction of the court.  The  
               SELPA administrators oppose this legislation for the  
               following reasons: 

                  Current law allows for pupils to continue  
               placement to the end of the school year.
                  The Individualized Education Program (IEP) process  
               has provisions for successful transition from one  
               school to the new school.
                  No provision for transportation across LEA/SELPA  
               agreements is included. 
                  Inconsistencies with IDEA may arise regarding  
               provision of FAPE, as the IEP team is required to  
               recommend the appropriate placement.
                  For LCI pupils, on the on-grounds Non-Public  
               School (NPS) would severely limit the pupil access to  
               other options, including college preparatory classes  
               and inclusion.








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           Prior and related legislation:

           SB 1353 (Wright) of 2010 provides that proximity to the school  
          of origin is an indicator of the "best interests" of a foster  
          child with respect to educational stability.  SB 1353 passed out  
          of Senate Education Committee 7-0 and is pending a hearing in  
          the Senate Human Services Committee.  

          AB 1067 (Brownley) of 2009, held in the Assembly Appropriations  
          Committee, sought to increase educational stability for foster  
          children by requiring transportation to the school of origin to  
          conform with federal law.

          AB 490 (Steinberg) Chapter 862, Statutes of 2003 made numerous  
          changes to the education code in order to improve the  
          educational stability and outcomes of foster youth.

           SECOND COMMITTEE OF REFERENCE  .  This bill was previously heard  
          in the Assembly Education Committee on March 24, 2009, and was  
          approved on a 9 - 0 vote.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 

           Public Counsel Law Center (co-sponsor)
          Youth Law Center (co-sponsor)
          Alliance for Children's Rights
          Angel's Flight At Risk Youth Services
          California Alliance of Child and Family Services
          California Rural Legal Assistance (CRLA)
          California State PTA
          California Youth Connection
          Children's Advocacy Institute
          Children's Law Center of Los Angeles
          Common Ground
          Compton Unified School District
          Court Appointed Special Advocates (CASA)
          Families in Schools (FIS)
          Learning Rights Law Center
          Mental Health Advocacy Services, Inc.
          My Friend's Place
          National Association of Social Workers, California Chapter  








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          (NASW-CA)
          National Center for Youth Law
          The Alliance For Children's Rights
          United Friends of Children (UFC)
          3 Individuals

           Opposition 
           
          Special Education Local Plan Area Administrators
           
          Analysis Prepared by  :    Michelle Doty Cabrera / HUM. S. / (916)  
          319-2089