BILL ANALYSIS Ó AB 709 Page 1 Date of Hearing: May 10, 2011 ASSEMBLY COMMITTEE ON HUMAN SERVICES Jim Beall Jr., Chair AB 709 (Brownley) - As Introduced: February 17, 2011 SUMMARY : Clarifies that children in foster care who change schools have the right to be enrolled in their new school immediately even if they are unable to produce medical records including, but not limited to, immunization records at the time of enrollment. Specifically, this bill : 1)Adds a section to the Health and Safety Code to conform to Education Code provisions requiring school districts to enroll a foster child in school even if he or she is missing immunization records. 2)Expresses the intent of the Legislature that a foster child be immediately enrolled in and allowed to attend school, even if he or she is unable to produce records normally required for school enrollment to reconcile the provisions of the Health and Safety Code with the provisions of the Education Code. EXISTING LAW : 1)Allows a child or youth to remain in his or her school of origin for the duration of the jurisdiction of the court when his or her residential placement changes and when remaining in the same school is in the child's best interest. 2)Requires schools to immediately enroll a foster child even if he or she has outstanding fees, fines, textbooks, or other items to the school of last attendance or if the child is unable to produce records or clothing required for enrollment, including medical or academic records, proof of residency, or school uniforms. 3)Requires the governing authority of each school to require documentary proof of each pupil's immunization status, and specifies that the governing authority shall record the immunizations of each new pupil in the pupil's permanent enrollment and scholarship record on a form provided by the Department of Health Services (DHS). 4)Requires the immunization record of each new pupil admitted AB 709 Page 2 conditionally to be reviewed periodically by the governing authority to ensure that within the time periods designated by regulation of the DHS he or she has been fully immunized against all of the diseases specified, and immunizations received subsequent to entry shall be added to the pupil's immunization record. FISCAL EFFECT : Unknown COMMENTS : This bill seeks to clarify and conform the Education Code and the Health and Safety Code relative to immunization records required for enrollment in school, particularly as they relate to children and youth in foster care. Background and need for the bill : Children and youth in foster care face many challenges to their educational success. Those challenges come from both the circumstances that caused them to be in foster care -abuse and/or neglect -and the realities of being in foster care. One of those realities is that, although efforts are made to provide stable home and school environments for foster children and youth, far too many of them experience numerous changes in where they live, and unfortunately those changes at times necessitate a change of schools. Recent state and federal laws have recognized the importance of school stability for children and youth in foster care. Several provisions of the federal Fostering Connections Act of 2008 promote educational stability and require state child welfare agencies to coordinate with schools to ensure a child does not change schools when entering foster care or when a change in placement occurs, unless remaining in the original school is not in the child's best interest. Additionally, in an effort to reduce the disruption of changing schools, AB 490 (Steinberg), Chapter 862, Statutes of 2003, and AB 1933 (Brownley), Chapter 563, Statutes of 2010, allow foster children and youth to remain in their original school and school feeder pattern as long as it is in their best interest to do so. If it is in the child's best interest to change schools, current Education Code provisions require that foster children and youth be immediately enrolled in their new school even if they are unable to meet some of the enrollment requirements imposed by a school district, including immunization records. However, provisions in the Health and Safety Code, updated last year with the passage of AB 354 (Arambula), Chapter 434, AB 709 Page 3 Statutes of 2010, and the implementing regulations stipulate that all school districts shall require documentary proof of each pupil's immunization status, and prohibit a school from allowing the admission of any pupil who does not meet the requirements for admission stipulated in the regulations. The Health and Safety Code and regulations allow for an exemption for a pupil that submits an affidavit stating that the immunizations are contrary to the pupil's beliefs or for a pupil whose parent submits a statement from a physician indicating that a particular immunization is not considered safe for the child. However, the regulations do not mention the existing allowable exemption for pupils in foster care whose records are missing or cannot be produced, as stipulated in the Education Code. It has been suggested that the inconsistencies between the two different Codes have led to confusion in the field relative to the application of these laws, and children in foster care continue to encounter barriers to enrollment when their immunization records are missing. The Foster Youth Services 2010 report notes that the incomplete or untimely transfer of health and education records continues to present challenges for foster youth. This bill will clarify within the Education Code that the missing medical records that foster youth can enroll in school without, include immunization records. Additionally this bill adds a section in the Health and Safety Code that conforms to the Education Code provisions specifying that if a child or youth in foster care is missing his or her immunization records, the school district shall allow the child to enroll in school. This bill seeks to reconcile the two codes and thus remove any unnecessary barriers and delays children and youth in foster care encounter to enroll in school. Support: In support of this bill, Public Counsel writes: Without efficient and immediate transfer and enrollment procedures, foster youth are deprived of a meaningful and appropriate education and denied educational opportunity. Provisions of the California Health and Safety Code discussing documentation of immunizations prior to a school admission have created confusion. As a result, foster youth may be denied immediate enrollment, or be formally "enrolled" but prevented from attending classes. For these youth, time is of the essence - even delaying enrollment or AB 709 Page 4 attendance a few days because of lack of immunization records can bring chaos to a child's learning experience, especially if such a delay occurs repeatedly for children who are transferring schools multiple times through no fault of their own. Previous legislation : 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. AB 1933 (Brownley), Chapter 563, Statutes of 2010, 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 including in the school feeder pattern as long as it is in the child's best interest. AB 354 (Arambula), Chapter 434, Statutes of 2010, updated vaccination requirements, in part, to allow the Department of Public Health to require pertussis vaccinations prior to students entering the seventh grade. REGISTERED SUPPORT / OPPOSITION : Support Advancement Project California Communities United Institute California State Association of Counties (CSAC) County Welfare Directors Association of California (CWDA) Court Appointed Special Advocates (CASA) Association Kern County Superintendent of Schools National Association of Social Workers, CA Chapter (NASW-CA) National Center for Youth Law Public Counsel Law Center Opposition None on file. Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916) AB 709 Page 5 319-2089