BILL ANALYSIS
SB 1353
Page A
Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 1353 (Wright) - As Amended: June 21, 2010
[This bill was double referred and heard by the Assembly Human
Services Committee as it relates to the issues under its
jurisdiction.]
SENATE VOTE : 34-0
SUBJECT : Education: foster youth
SUMMARY : Requires consideration be given to specified factors
in making educational and school placement decisions for
children and youth in foster care. Specifically, this bill :
1)Requires, in making educational and school placement decisions
for children and youth in foster care, consideration be given
to, among other factors:
a) Educational stability by allowing the child to remain in
the school of origin by avoiding school transfers that
occur outside of the normal matriculation schedule of the
child's school of origin, unless the transfer provides
educational benefits to the child; and,
b) The opportunity to be educated in the least restrictive
educational setting necessary to achieve academic progress.
2)Expands the statutory right of foster youth to attend school
and participate in extracurricular activities to include the
right to have minimal disruptions to school attendance and
educational stability caused by transfers.
3)Requires the health and education information kept as part of
a child's case plan to additionally include the number of
school transfers the child has experienced and the child's
educational progress.
4)Encourages the State Department of Social Services (DSS) and
the California Department of Education (CDE) to develop
indicators of educational stability and include these as
considerations for the selection of an out-of-home placement.
SB 1353
Page B
5)Provides that the selection of the most appropriate home that
will meet the child's best interest shall in addition to other
requirements, promote educational stability by taking into
consideration proximity to the school of origin and school
attendance area, the number of transfers the child has
previously experienced, and the child's matriculation
schedule, in addition to other indicators of educational
stability developed by DSS and the CDE.
6)Specifies that if a school transfer is deemed necessary in
accordance with the law, the decision regarding the placement
shall consider whether the placement does both of the
following:
a) Promotes educational stability by its location in or
near the child's school of origin or school attendance
area; and,
b) Provides an opportunity to avoid school transfers or at
a minimum, delays any necessary school transfer to the
summer or normal matriculation schedule.
7)Makes findings and declarations relative to the negative
effects of school transfers experienced by children in foster
care when there are changes in residential placements,
expresses the importance of providing educational stability
and minimizing school transfers.
EXISTING LAW :
1)Requires, in all instances, educational and school placement
decisions for pupils in foster care to be based on the best
interests of the child.
2)Requires that case plans for children in out-of-home
placements promote educational stability by taking into
consideration proximity to the child's school attendance area
in selecting the most appropriate home that will meet the
child's special needs and best interests.
3)Requires a case plan to ensure the educational stability of
the child while in foster care and to include both of the
following assurances:
SB 1353
Page C
a) That the placement takes into account the
appropriateness of the current educational setting and the
proximity to the school in which the child is enrolled at
the time of placement; and,
b) The placement agency has coordinated with appropriate
local educational agencies (LEAs) to ensure that the child
remains in the school in which the child is enrolled at the
time of placement, or, if remaining in that school is not
in the best interests of the child, assurances by the
placement agency and the local educational agency to
provide immediate and appropriate enrollment in a new
school and to provide all of the child's educational
records to the new school.
4)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.
5)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.
6)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.
7)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.
8)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
SB 1353
Page D
child with a written explanation stating the basis for the
recommendation and how this recommendation serves the foster
child's best interest.
FISCAL EFFECT : This bill has been keyed non-fiscal.
COMMENTS : Placement in foster care or changes in placement
while in foster care often result in school changes for children
and youth, and these school changes are disruptive to the
educational achievement of foster children and youth. 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. This often carries over to learning in the
classroom."<1>
This bill makes various changes to existing provisions relative
to school stability for children and youth in the foster care
system. According to the author, this bill "seeks to prioritize
the educational stability of children and youth in foster care
and ensure that they have the same opportunities as their
peers."
Prior legislative efforts have sought to address issues of
school stability for foster children. As a result of AB 490
(Steinberg), 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. Furthermore, SB 597 (Liu),
Chapter 339, Statutes of 2009, consistent with the federal
Fostering Connections to Success and Increasing Adoptions Act,
requires a case plan to provide assurances that a foster care
placement takes into account the appropriateness of the current
educational setting and the proximity to the school in which the
child is enrolled at the time of placement, as well as
assurances that the placement agency has coordinated with
appropriate LEAs to ensure that the child remains in the 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
SB 1353
Page E
in which he or she is enrolled at the time of placement, unless
it is not in the child's best interest.
This bill amends several provisions that will strengthen school
stability for pupils in foster care and will ensure that more
educational information in included in a child's heath and
education summary. However, some of the provisions of this bill
may create some conflicts with existing law and thus potentially
result in unintended consequences, which this committee may wish
to consider.
Current law provides that all decisions regarding educational
placements for children in foster care should be made in the
best interest of the child. This bill adds to this existing
provision that consideration shall be given to:
1) Educational stability by allowing the child to remain in
the school of origin by avoiding school transfers that
occur outside of the normal matriculation schedule of the
child's school of origin, unless the transfer provides
educational benefits to the child; and
2) The opportunity to be educated in the least restrictive
educational setting necessary to achieve academic progress.
Specifying that consideration shall be given to "educational
stability by allowing the child to remain in the school of
origin" appears to weaken existing rights of foster youth to
actually remain in the school of origin. Giving consideration
to allowing the child to remain in the school of origin is
different than what is provided under current law. Foster youth
have the right to remain in their school of origin, when there
is a change in placement, for the duration of the school year,
unless that right is waived. Furthermore, this bill implies
that only certain school transfers should be avoided,
specifically those that occur outside of a district's normal
matriculation schedule. To the extent that there may be some
districts that allow youth to remain in the school of origin for
longer than what is required under current law, a question
emerges as to whether some of the provisions of this bill
regarding the specificity on which school transfers should be
avoided may interfere with such practices. Educational
stability is determined on a case by case basis depending on the
child's circumstances, and therefore, adding language that could
limit or weaken educational stability opportunities for youth in
SB 1353
Page F
foster care is contrary to prior and current legislative
efforts. Legislation approved by this Committee, earlier this
year, AB 1933 (Brownley), seeks to strengthen existing rights of
foster youth to remain in their school of origin for the
duration of the court's jurisdiction and to allow foster
children and youth to continue attending schools according to
school feeder patterns as they matriculate from grade level to
grade level. This bill unintentionally contradicts previously
approved legislation by implying that only school transfers that
occur outside of a district's matriculation schedule should be
avoided. The inconsistencies in the two policies taken together
may create unintended consequences in the implementation of
these two bills, should they both be enacted.
Additionally, the language providing that school transfers that
occur outside of the normal matriculation schedule shall be
avoided, "unless the transfer provides educational benefits to
the child," is overly broad and could impose a subjective
standard on making the determination of educational benefit.
This language also fails to recognize that a school transfer
could actually be deemed to be in the best interest of the child
in order to meet his or her safety needs. In this situation,
the "educational benefit" provision could be in conflict with
"best interest" and thus this may create a conflict with
existing law that may result in uncertainty as to how to handle
such a situation. The expectation would be that decisions would
be made in the best interest of the child, but clearly the
potential exists for inconsistencies to result with the
enactment of this bill. Hence, to avoid unnecessary
inconsistencies in the law, staff recommends an amendment to
delete on page 4, line 18, "by allowing the child to remain in
the" and delete lines 19-21, inclusive.
This bill also adds language to the section relative to a foster
child's case plan and placement, and it specifies, among other
provisions, that "If a school transfer is deemed necessary in
accordance with the law, the decision regarding the placement
shall consider whether the placement promotes educational
stability by its location in or near the child's school of
origin or school attendance area, and provides an opportunity to
avoid school transfers or at a minimum, delays any necessary
school transfer to the summer or normal matriculation schedule."
The section of the law where this language would be added deals
with decisions regarding out-of-home placements and it shall be
noted that existing law and other parts of this bill already
SB 1353
Page G
provide that consideration be given to school stability. This
section of the law deals with decisions regarding the choice of
placement, and thus adding new language to this section relative
to school transfers may add some confusion to this section of
the law. Additionally, the language also appears to imply that
school transfer decisions can take precedence over placement
decisions. Because the Education Code is clear regarding the
right of youth to remain in the school of origin, this language
may create inconsistencies with the provisions relative to the
process by which children and youth in foster care can waive
their right to remain in the school of origin. Current law
specifies that the foster youth liaison in consultation with the
foster youth and the person holding educational rights for that
youth, may in accordance with the foster child's best interest,
recommend that the child's right to attend the school of origin
be waived. Additionally, current law requires prior to making a
recommendation to move the child from his or her school of
origin, the foster youth liaison to provide the child and the
educational rights holder written explanation of the basis for
the recommendation and how the recommendation serves the child's
best interest. To maintain clarity between the two codes, staff
recommends the bill be amended to delete the following: on page
10, line 36, "If a school transfer is necessary in," and delete
lines 37-40. On page 11 delete lines 1-3, inclusive.
This bill adds other language that strengthens the provisions
relative to school stability considerations and it encourages
the CDE and DSS to develop other indicators of school stability.
This bill also adds to the information that is currently
required to be included within the health and education summary
of a child's case plan, the number of school transfers the child
has experienced and the child's educational progress.
Education-related requirements for this summary currently
include the child's grade level performance and the child's
school record. The term "educational progress" could be further
defined to provide some guidance to educators on what indicators
to consider. Staff recommends the bill be amended to add on
page 7, line 17, after "educational progress," as demonstrated
by factors, including but not limited to academic proficiency
scores, and credits earned toward graduation . The inclusion of
this information along with the number of transfers that a pupil
has experienced will give advocates, social workers and the
courts more complete information on the child and his or her
SB 1353
Page H
needs. Staff further recommends a technical amendment on page
5, line 38, to delete "caused by transfers," which appears to be
remaining language from a previous amendment.
Staff notes that Legislative Counsel has identified a conflict
between this bill and AB 12 (Beall and Bass), as both bills
amend Welfare and Institutions Code Section 16501.1. The author
may wish to address this conflict as this bill moves forward.
The author states, "Unfortunately, foster children continue to
have high mobility - 1/3 change schools at least 5 times while
in foster care. This severely hinders the ability of youth who
age out of care to reach their full professional and personal
potential. Limiting interruptions to academics can significantly
improve opportunities for children and youth in foster care -
research shows that one fewer placement change per year doubles
their chances of graduating high school."
This bill was heard and approved by the Assembly Human Services
Committee on June 15 with a 5-0 vote.
Arguments in support: The Compton Unified School District
(CUSD), the sponsor of this bill, writes, "CUSD is pleased to be
the sponsor of this legislation because we know our foster youth
deserve access to educational opportunities in manner that
strengthens and supports their academic journey. The long-term
negative academic and social impacts of multiple mid-year school
transfers, often associated with moving to a new home, have a
tragic impact on the ability of students in foster care to
maintain healthy relationships with their peers, teachers and
other adults. They often lose motivation to engage in school,
reducing the likelihood that hey will attend college and build
fulfilling careers as adults."
Arguments in Opposition : The Children's Law Center of Los
Angeles has an "oppose unless amended" position on this bill and
it writes, "Children's Law Center of Los Angeles (CLC) is
opposed to Senate Bill 1353, because these statutory changes
will weaken a basic educational right for foster children and
youth, the right to attend their school of origin for the
academic year if they are placed by a child welfare agency
outside the school's residence boundaries. While we support the
right to educational stability for foster youth and that school
placements be based on the best interest of the children, we do
not believe these proposed changes accomplish that goal."
SB 1353
Page I
Related legislation : AB 1933 (Brownley) requires a 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, and 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. AB 1933 is pending in the Senate
Appropriations 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 :
Support
Compton Unified School District (Sponsor)
Advancement Project
Aspiranet
Bridge of Faith
California Probation, Parole, and Correctional Association
California State PTA
California Teachers Association
City of Compton, Office of the City Manager
New Visions Foundation
Para Los Ni?os
Pomona Unified School District
SB 1353
Page J
State Public Affairs Committee of the Junior Leagues of
California
U-Turn Alcohol & Drug Education Program
Opposition
Children's Law Center of Los Angeles (Unless Amended)
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087