BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 1353
S
AUTHOR: Wright
B
VERSION: April 5, 2010
HEARING DATE: April 13, 2010
1
FISCAL: Appropriations
3
5
CONSULTANT:
3
Hailey
SUBJECT
Foster youth: education stability
SUMMARY
This bill provides that consideration of the proximity to
the school in which a child is enrolled at the time of
placement in foster care is one indicator of the best
interests of the child with respect to educational
stability.
ABSTRACT
Current law
1) Requires the case plan for each foster child to
include a summary of the health and education
information or records of the child. The health and
education summary must include assurances that the
child's placement in foster care takes into account
proximity to the school in which the child is enrolled
at the time of placement. [Welfare and Institutions
Code (WIC) 16010]
Continued---
STAFF ANALYSIS OF SENATE BILL 1353 (Wright) Page
2
2) Requires that the decision regarding foster-care
placement be based upon selection of a safe setting
that is the least restrictive or most family-like
available, and that it is the most appropriate setting
that is available and in close proximity to the
parent's home, proximity to the child's school, or
both. (WIC 16501.1)
3) Requires that all educational and school placement
decisions ensure that pupils are placed in the least
restrictive educational programs, and that the pupil
has access to all educational and extra-curricular and
enrichment activities that are available to all
pupils. (Education Code 48853)
4) Requires that considerations of a foster child's
educational stability, special needs, and best
interests be taken into account when deciding on
placement into the most appropriate foster home. (WIC
16501.1)
5) Local education agencies allow a foster child to
continue his or her education in the school of origin
for the duration of the academic school year.
(Education Code 48853.5)
This bill
1) Makes findings and declarations about the importance
of a child's education; the negative effects on foster
children of their transfers from school to school; the
value of delaying a transfer until the end of a term,
semester, or academic year; and, the absence in
California law of provisions encouraging such a delay
when a foster child transfers from one school to
another.
2) Provides that the best interests of a foster child
shall include minimal disruptions to school attendance
and education stability by timing school transfers
during the summer or other breaks in the school year.
3) Provides that the best interests of a foster child
shall include the opportunity to be educated in the
least restrictive educational setting necessary to
STAFF ANALYSIS OF SENATE BILL 1353 (Wright) Page
3
achieve academic progress.
4) Adds to a foster child's bill of rights the right to
attend school with minimal disruptions to attendance
and educational setting caused by transfers during a
term of instruction.
5) Provides that the decision of which foster care
setting to choose for a child shall include selecting
a setting that promotes educational stability by its
location near the child's school and that provides an
opportunity to delay any necessary school transfers to
the summer or end of term.
6) Encourages the State Departments of Education and
Social Services to develop other indicators of
educational stability to complement the current
indicators of proximity of the home to the school and
accommodation of the child's matriculation schedule.
7) Requires that a foster child's case plan ensure
educational stability and shall include an assurance
that the placement takes into account the best
interests of the child with respect to educational
stability and an assurance that the placement agency
has coordinated with the appropriate education
agencies to ensure that the child remains in the
school he or she is attending at the time of placement
at least until the end of the school year during which
the placement is made.
8) Provides that local agencies and school districts can
be reimbursed for costs that the Commission on State
Mandates determines are a result of this legislation.
FISCAL IMPACT
Unknown
BACKGROUND AND DISCUSSION
Need for the bill
According to the author, "Foster youth lose an average of
STAFF ANALYSIS OF SENATE BILL 1353 (Wright) Page
4
four to six months of educational progress each time they
change schools. One-third of foster children have changed
schools at least five times. In Compton Unified School
District, almost half of its 1,265 students in foster care
changed schools each year. Of these transfers, 85 percent
resulted in a student entering a new school after the first
day of class. In a national study of youth who had been in
foster care, those who had one fewer placement change per
year were almost twice as likely to graduate from high
school."
Prior and related legislation
AB 1933 (Brownley) requires local education agencies to
allow a foster child to remain in his or her school of
origin for the duration of the jurisdiction of the court.
AB 1933 passed out of the Assembly Education Committee and
awaits a hearing in the Assembly Human Services Committee.
AB 1067 (Brownley) would have required local education
agencies to provide the transportation necessary to allow
foster children to remain in the school in which they were
enrolled at the time of foster care placement. AB 1067 was
held on the Assembly Appropriations Committee's suspense
file.
AB 490 (Steinberg, Ch. 862, 2003) established numerous
education protections for foster youth, including aspects
of current law cited above.
Previous votes
Senate Education Committee: 7-0
POSITIONS
Support: Compton Unified School District (sponsor)
California Probation, Parole and
Correctional Association
California State PTA
California Teachers Association
Junior Leagues of California's State Public
Affairs Committee
New Visions Foundation
Pomona Unified School District
U-Turn Alcohol & Drug Education Program,
STAFF ANALYSIS OF SENATE BILL 1353 (Wright) Page
5
Inc.
Oppose: None received
-- END --