BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1573|
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CONSENT
Bill No: AB 1573
Author: Brownley (D)
Amended: As introduced
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 5/16/12
AYES: Lowenthal, Blakeslee, Hancock, Huff, Liu, Price,
Simitian, Vargas
NO VOTE RECORDED: Runner, Alquist, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 4/12/12 - See last page for vote
SUBJECT : School attendance: foster youth residency
requirements
SOURCE : Author
DIGEST : This bill makes a conforming change to clarify
that a student who is a foster child who remains in his/her
school of origin, as determined and defined pursuant to
existing law, has met the residency requirements for
attendance purposes.
ANALYSIS : Existing law establishes residency
requirements for school attendance. Among other things,
existing law provides that a student who is placed within
the boundaries of a school district in a regularly
established licensed children's institution or a licensed
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foster home, or a family home pursuant to commitment or
placements under specified Welfare and Institution Code
provisions, has met these residency requirements.
(Education Code (ED) Section 48204)
Existing law requires that a local educational agency (LEA)
designate a staff person as the educational liaison for
foster children and outlines specified responsibilities of
the liaison. Existing law also requires an LEA serving a
foster child to allow the child to continue his/her
education in the "school of origin" for the duration of the
jurisdiction of the court, as specified. Existing law
defines "school of origin" as the school that the foster
child attended when permanently housed or the school in
which the foster child was last enrolled, and provides
that, under specified conditions, the liaison, in
consultation and agreement with the foster child and the
person holding the right to make educational decisions for
the child, is required to determine, in the best interests
of the child, the school to be deemed "school of origin."
(ED Section 48853)
This bill conforms two inconsistent Education Code
provisions to clarify that a foster child who remains in
his/her school of origin, as determined and defined
pursuant to existing law, has met the residency
requirements for attendance within a school district.
Comments
Clarifying and conforming . Existing law requires that a
student attend a school in which the residency of the
parent or guardian is located, unless exempted under law
(ED Section 48200), and provides for an exemption from this
residency requirement in specified instances. AB 1933
(Brownley, Chapter 563, Statutes of 2010) extended the
right of foster youth to remain in their school of origin
for the duration of the jurisdiction of the court when
his/her residential placement changes if remaining in the
same school was in the child's best interest, in essence,
providing for an additional exemption from residency
requirements. This bill conforms the statute establishing
exemptions from the residency requirement with the
provisions enacted by AB 1933 in order to ensure that the
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inconsistency in the Education Code does not lead to
confusion and misinterpretation.
Prior Legislation
AB 490 (Steinberg, Chapter 862, Statutes of 2003)
established numerous education protections for foster
youth, including the requirement that local education
agencies allow a foster child to continue his/her education
in the school of origin for the duration of the academic
school year.
SB 1353 (Wright, 2010) required consideration be given to a
number of specified factors when making educational and
school placement decisions for children and youth in foster
care.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/22/12)
Advancement Project
Alliance for Children's Rights
American Federation of State, County and Municipal
Employees, AFL-CIO
Aspirant
California Alliance of Child and Family Services
California Communities United Institute
California Probation, Parole and Correctional Association
California Youth Connection
Chief Probation Officers of California
Child Abuse Prevention Center
Children Now
Children's Law Center of California
East Bay Children's Law Offices
Legal Advocates for Children & Youth
Los Angeles County Office of Education
Los Angeles Unified School District
National Association of Social Workers
National Center for Youth Law
Public Counsel Law Center
San Diego Unified School District
San Francisco Unified School District
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Voices for Children
ASSEMBLY FLOOR : 70-0, 4/12/12
AYES: Achadjian, Alejo, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Davis, Dickinson, Donnelly, Eng,
Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Gatto, Gorell, Grove, Hagman, Halderman, Hall, Harkey,
Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Knight, Lara, Logue, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Nestande, Nielsen,
Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Allen, Cedillo, Cook, Fletcher, Garrick,
Gordon, Bonnie Lowenthal, Morrell, Norby, Wieckowski
PQ:m 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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