BILL ANALYSIS Ķ
AB 1573
Page A
Date of Hearing: March 21, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1573 (Brownley) - As Introduced: February 1, 2012
SUBJECT : School attendance: residency requirements: foster
children.
SUMMARY : Specifies that a pupil who is a foster child who
remains in his or her school of origin complies with the
residency requirements for school attendance in that school
district.
EXISTING LAW:
1)Specifies that at the initial detention or placement, or any
other change in placement of a foster child, the local
education agency (LEA) serving the foster child shall allow
the foster child to continue his or her education in the
school of origin for the duration of the jurisdiction of the
court. (Education Code (EDC) 48853.5)
2)Specifies that if the jurisdiction of the court is terminated
prior to the end of an academic year that the foster child
shall be allowed to continue his or her education in the
school of origin through the duration of the academic school
year. (EDC 48853.5)
3)Provides that if the foster child is transitioning between
school grade levels, the LEA shall allow the foster child to
continue in the school district of origin in accordance with
the established feeder patterns of the school district. (EDC
48853.5)
4)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)
5)Specifies that a pupil complies with residency requirements
for school attendance in a school district if the pupil:
a) Is placed within the boundaries of that school district
in a regularly established licensed children's institution,
licensed foster home, or family home;
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b) Has been approved for interdistrict attendance;
c) Has his or her residence located within the boundaries
of that school district and whose parent or legal guardian
is relieved of responsibility, control and authority
through emancipation;
d) Lives in the home of a caregiving adult that is located
within the boundaries of that school district; or,
e) Resides in a state hospital located within the
boundaries of that school district. (EDC 48204)
6)Specifies that a pupil placed in a licensed children's
institution or foster family home shall attend programs
operated by the LEA unless:
a) The pupil is entitled to remain in his or her school of
origin;
b) The pupil has an individualized education program (IEP)
requiring placement in a nonpublic, nonsectarian school or
agency, or in another local educational agency; or,
c) The parent or guardian, or other person holding the
right to make education decisions for the pupil determines
that it is in the best interests of the pupil to be placed
in another educational program. (EDC 48853)
FISCAL EFFECT : Unknown
COMMENTS : This bill makes a conforming change to the Education
Code section regarding residency requirements. It clarifies that
foster youth remaining in their school of origin comply with
residency requirements for school attendance in that district.
Importance of school stability: Recent research has focused on
the importance of school stability in the lives of foster youth.
Studies show that increased school mobility, or the frequent
transferring in and out of different schools, leads to many
adverse effects on academic achievement and educational
attainment. A 2009 report by the University of Minnesota found
that "school mobility can contribute to low school performance
and related difficulties because it introduces discontinuities
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in learning environments that alter or weaken instruction,
school and peer ecologies."<1> When a student transfers schools,
it takes time for enrollment paperwork to be processed, records
to be transferred and new relationships to be developed.
Research indicates that each school change results in a loss of
between four and six months of educational attainment for the
student.<2> According to the Jim Casey Youth Opportunities
Initiative, school stability is critical - without it, "young
people struggle to build the supportive networks needed for
healthy development and successful transitions."<3>
Legislative intent: As a result of the growing conversation
around the importance of school stability for foster youth,
California has enacted numerous pieces of legislation. AB 490
(Chapter 862, Statutes of 2003) allowed foster youth to continue
to attend their school of origin for the remainder of the school
year in the event that they are moved to a placement outside of
the boundaries of that school district during the school year.
AB 1933 (Chapter 563, Statutes of 2010) built on this and
allowed foster youth to remain in their school district of
origin until the conclusion of their time under the court's
jurisdiction even if they move in and out of the boundaries of
the school district of origin. SB 1353 (Chapter 557, Statutes of
2010) further supported this effort by requiring the
consideration of school stability as a component of a foster
youth's best interests. These three chaptered bills all
demonstrate the intent of the Legislature to encourage school
stability for foster youth in California.
Compliance with residency requirements: Changes enacted in
recent years generated an inconsistency within the Education
Code. In 2010, the code section regarding foster youth
educational placements was broadened to allow foster youth to
stay in their school of origin and to continue in the school
district of origin in accordance with established feeder
patterns throughout the court's jurisdiction. The section
---------------------------
<1> Reynolds, A.J., Chen, C.C., and Herbers, J.E. (2009). School
mobility and educational success: A research synthesis and
evidence on prevention. University of Minnesota.
<2> Dr. Joy Rogers of the Loyola University Department of
Education, Education Report of Rule 706 Expert Panel presented
in B.H. v. Johnson, 715 F. Supp.1387 (N.D. Ill. 1989), 1991.
<3> Jim Casey Youth Opportunities Initiative - Issue Definition.
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regarding residency requirements for school attendance, however,
does not clearly recognize foster youth who are remaining in
their school of origin as complying with residency requirements.
This results in two distinct code sections indicating
potentially different permissible actions. Such an inconsistency
could leave school districts unsure about how to interpret
current law and may lead to confusion.
Avoiding misinterpretation: This bill would eliminate an
inconsistency that currently exists between the code section
regarding residency requirements and the code section providing
foster youth the right to remain in their school of origin.
Making these two sections consistent would eliminate the
potential for misinterpretation that could end up being
disruptive for California foster youth. In addition, this change
would help align current law with the legislative intent behind
AB 490, SB 1353, and AB 1933.
Arguments in support: The American Federation of State, County
and Municipal Employees states that "existing law contains an
inadvertent inconsistency in the Education Code that could lead
to confusion and misinterpretation." They believe that AB 1573
would "provide greater clarity in the law to ensure educational
stability for youth in foster care."
Public Counsel highlights that AB 490 and AB 1933 were designed
to address the problem of "educational stability for foster
youth by allowing foster youth to remain in their original
school and school feeder pattern for the duration of the court's
jurisdiction, unless it is not in the best interest of the
youth." They further state that "any disruption in school
stability due to potential confusion in the law over
responsibility can have a devastating impact, resulting in the
foster youth losing valuable class time, falling further behind,
and suffering under the belief that he or she is not wanted at
the school."
Previous legislation: AB 1933 (Brownley), Chapter 563, Statutes
of 2010, requires LEAs to allow a child in foster care to remain
in his or her school of origin for the duration of his or her
time under the court's jurisdiction.
SB 1353 (Wright), Chapter 557, Statutes of 2010, requires
consideration of educational stability as a part of the best
interests for foster youth and provides that a foster youth's
AB 1573
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health and education summary also include the number of school
transfers the child has experienced.
AB 490 (Steinberg), Chapter 862, Statutes of 2003, expands and
stipulates authority for school records of foster, homeless, and
incarcerated youth; and, creates new duties and rights related
to the education of dependents and wards in foster care.
Specifically, it requires local educational agencies to allow a
child in foster care to remain in their school of origin for the
duration of the school year.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees,
AFL-CIO
California Alliance of Child and Family Services
California Communities United Institute
California Probation, Parole and Correctional Association
(CPPCA)
Chief Probation Offices of California
Children Now
East Bay Children's Law Offices (EBCLO)
Legal Advocates for Children & Youth
National Center for Youth Law
Public Counsel
Voices For Children
Opposition
None on file.
Analysis Prepared by : Mark Murphy and Marisol Aviņa / ED. /
(916) 319-2087