BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1909
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          Date of Hearing:   April 10, 2012

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                   AB 1909 (Ammiano) - As Amended:  March 29, 2012

           SUBJECT  :   FOSTER CHILDREN: PLACEMENT: SUSPENSION AND EXPULSION: 
          NOTIFICATIONS

           KEY ISSUE  :  TO ENSURE THAT THE APPROPRIATE ADULT IS NOTIFIED, 
          SHOULD SCHOOL DISTRICTS BE REQUIRED TO NOTIFY THE FOSTER CHILD'S 
          ATTORNEY AND SOCIAL WORKER IN SPECIFIED SITUATIONS WHERE THE 
          FOSTER CHILD FACES POSSIBLE SUSPENSION OR EXPULSION FROM SCHOOL?

           FISCAL EFFECT  :  As currently in print this bill is keyed 
          non-fiscal.

                                      SYNOPSIS

          This non-controversial bill, co-sponsored by Legal Advocates for 
          Children and Youth (LACY) and Public Counsel, seeks to require 
          that school districts provide notification to a foster youth's 
          court-appointed attorney and social worker when the foster youth 
          faces expulsion from school or is subject to a manifestation 
          determination IEP meeting prior to being suspended or expelled.  
          Under existing law, such notification is typically required to 
          be made only to the student's parent or guardian, which, 
          proponents contend, is inadequate when the student facing 
          expulsion or suspension is a foster youth.  These advocates 
          contend that the child's attorney and social worker are often a 
          more stable, constant presence in the foster child's life, 
          particularly if the child is moving from one group home to 
          another, or one set of foster parents to another, and that the 
          court-appointed attorney for the child by law is required to 
          advocate for the protection, safety, and physical and emotional 
          well-being of the child.  Supporters also assert that this bill 
          will not only ensure that foster youth have an adult advocate on 
          their side during the disciplinary process, but will help the 
          child's social worker or attorney to connect the child with 
          appropriate behavioral and mental health resources that will 
          help the child get back on track in his or her education.  There 
          is no registered opposition to this bill, which is also double 
          referred to the Assembly Education Committee.

           SUMMARY  :  Requires notification of a foster child's attorney and 








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          social worker (or appropriate welfare representative), in 
          addition to parental or guardian notification, in specified 
          situations where the foster child faces possible suspension or 
          expulsion from school.  Specifically,  this bill  :   

          1)Requires an agency that places a child in a licensed 
            children's institution or other out-of-home placement to 
            include, where practicable, the name and contact information 
            for a representative of the placing agency and the child's 
            attorney, in addition to other information that is currently 
            required to be shared with the educational liaison of the 
            child's local educational agency.

          2)Requires the educational liaison of a foster child to notify 
            the foster child's attorney and the appropriate representative 
            of the county child welfare agency of any pending disciplinary 
            proceedings involving the child, including those for 
            expulsion, to extend a suspension, or to render a 
            manifestation determination for children with exceptional 
            needs.

          3)Requires the school district to invite the foster child's 
            attorney and an appropriate representative of the county child 
            welfare agency to participate in any meeting with the foster 
            child and the child's parent or guardian to determine whether 
            to extend a suspension of the foster child, as specified.

          4)Requires the school district to invite the foster child's 
            attorney and an appropriate representative of the county child 
            welfare agency to participate in the individualized education 
            program (IEP) team meeting to make a manifestation 
            determination.

          5)Requires the school district to provide the foster child's 
            attorney and an appropriate representative of the county child 
            welfare agency with written notice, at least 10 calendar days 
            in advance, of any hearing to determine whether the foster 
            child should be expelled, including where a recommendation of 
            expulsion is required or a discretionary act.

          6)Requires counsel for a foster child to provide his or her 
            contact information to the educational liaison of the child's 
            local educational agency if, for a child age 12 or older, the 
            child consents to the disclosure, or, for a child under age 
            12, counsel determines that disclosure is in the child's best 








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            interest.

          7)Authorizes the summary of health and education information, a 
            component of each foster child's case plan, to include the 
            name and contact information for the educational liaison of 
            the child's local educational agency, as defined.

          8)Makes other technical and non-substantive amendments to the 
            Education Code.

           EXISTING LAW  :  

          1)Requires every agency that places a child in a licensed 
            children's institution to notify the local educational agency 
            (LEA) at the time a pupil is placed in a licensed children's 
            institution, and to provide any available information of 
            immediate past education placements to facilitate prompt 
            transfer of records and appropriate placement.  (Education 
            Code Section 48852.  All further references are to this code 
            unless otherwise stated.)

          2)Requires each LEA to designate an educational liaison for 
            foster children who is affiliated with the local foster 
            children services program in applicable school districts and 
            who is responsible for facilitating proper educational 
            placement for the foster child, school enrollment, and any 
            transfer between one school to another.  (Section 48853.5)

          3)Requires a school to hold an informal preliminary conference 
            between the student and the teacher or other school official 
            prior to any official suspension of the student; further 
            requires the school to notify the child's parent or guardian 
            in writing of any suspension that does occur, and to make a 
            reasonable effort to contact the a pupil's parent or guardian 
            in person or by phone at the time of suspension.  (Section 
            48911(b)-(d).)

          4)Authorizes a suspension to be extended only after a meeting, 
            in which the student and the student's parent or guardian were 
            invited to participate, to discuss whether the student's 
            presence at the school constitutes a danger to people or 
            property or a threat to disrupt the instructional process.  
            (Section 48911(g).)

          5)Provides that a student subject to possible expulsion from 








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            school shall be entitled to a hearing to determine whether to 
            expel, with written notice of the hearing to be forwarded to 
            the student at least 10 calendar days before the date of the 
            hearing.  (Section 48918(a).)

          6)Specifies the administrative requirements and due process 
            rules that apply to expulsion hearings, as established by the 
            governing board of a school district.  (Section 48918 (b) 
            through (j).)

          7)Provides that court-appointed counsel for a foster child has a 
            primary responsibility to advocate for the protection, safety, 
            and physical and emotional well-being of the child.  (Welfare 
            & Institutions Code Section 317(c).)

          8)Requires the case plan for each child placed in foster care to 
            contain a summary of health and educational information or 
            records of the child, including the names and addresses of the 
            child's health, dental, and education providers, as specified. 
             (Welfare & Institutions Code Section 16010.)

           COMMENTS  :  This non-controversial bill, co-sponsored by Legal 
          Advocates for Children and Youth (LACY) and Public Counsel, 
          seeks to require that school districts provide notification to a 
          foster youth's court-appointed attorney and social worker when 
          the foster youth faces expulsion from school or is subject to a 
          manifestation determination IEP meeting prior to being suspended 
          or expelled.  Under existing law, such notification is typically 
          required to be made only to the student's parent or guardian, 
          which, proponents contend, is inadequate when the student facing 
          expulsion or suspension is a foster youth.

          The author further explains the need for the bill as follows:

               While current law requires that a parent is notified when 
               their child faces expulsion or is subject to a 
               manifestation determination Individualized Education 
               Program (IEP) meeting (for students with disabilities, a 
               meeting with appropriate school officials to determine if 
               their conduct was linked to their disability), it is 
               often unclear to the school who is the appropriate adult 
               to contact for a foster youth. Consequently, foster youth 
               are often left without anyone to advocate for them during 
               the short timeline for an expulsion hearing or 
               manifestation determination IEP meeting. This can result 








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               in the child being removed from school or expelled 
               without the foster care agency or the child's attorney 
               knowing the students' academic situation before it is too 
               late. These notifications are essential to parental 
               engagement with school administrators and teachers to 
               understand and address the underlying cause of the 
               student's behavioral issues and determine an appropriate 
               response. A lack of notification to parties responsible 
               for the foster youth's welfare creates a missed 
               opportunity to address the root causes of that youth's 
               behavioral issues and may lead to an unnecessary 
               disruption in the foster youth's education. 

          This bill requires timely notification to appropriate adults in 
          a foster child's life who are responsible for advocating in the 
          child's best interest.   Under existing law, the dependency court 
          may appoint an attorney to represent any child removed from the 
          physical custody of his or her parents.  A primary 
          responsibility of the attorney is to advocate for the 
          protection, safety, and physical and emotional well-being of the 
          child.  (Welfare and Institutions Code Section 317(c).)  
          Existing law also requires an expulsion hearing to be held 
          within 30 school days of the underlying incident, and the rights 
          that the child loses if the expulsion is upheld are significant. 
           (Education Code Section 48918(a).)  For any child facing a 
          pending expulsion, it is essential that key people responsible 
          for the child's welfare are informed of this fact.  For many 
          children, this is accomplished simply by notifying the child's 
          parents, but in the case of foster youth, additional 
          notification to adults responsible for the youth's welfare seems 
          prudent and warranted.  

          This bill expands notification to include the foster youth's 
          court-appointed attorney and welfare agency designee (i.e. a 
          county social worker assigned to the youth) in expulsion 
          hearings and other specified disciplinary proceedings involving 
          the foster youth.  Supporters and foster youth advocates contend 
          that the child's attorney and social worker are often a more 
          stable, constant presence in the foster child's life, 
          particularly for foster youth who may have mental health and 
          emotional needs, are moved from placement to placement, or may 
          not have a stable caregiver.  Because it is the statutory 
          responsibility of the attorney to represent the child's best 
          interest, being informed of any disciplinary problems at school 
          is necessary for the attorney carry out his or her duties under 








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          the statute. 
           
          Studies show that foster children have greater needs but receive 
          less adult support in disciplinary situations at school.   
          According to supporters of the bill, foster youth are more 
          likely to exhibit emotional and behavioral problems than their 
          non-foster peers, which often impact their school behavior.  
          They cite research indicating that foster youth receive 
          disproportionate levels of discipline in relation to their 
          non-foster peers and are more likely to be suspended or 
          expelled.  In one study conducted in San Mateo, researchers 
          concluded that foster youth were ten times more likely than 
          their non-foster counterparts to be expelled and 2.5 times more 
          likely to be suspended.  (Castrechini, S. "Issue Brief: 
          Educational Outcomes for Court-Dependent Youth in San Mateo 
          County." Stanford: Gardner Center (2009).)  Another study 
          conducted on foster youth in several states showed that 
          two-thirds (67%) of youth in out-of-home care had been suspended 
          from school at least once, compared to 28% in a national sample 
          of general population youth, while about one-sixth (17%) of the 
          foster youth had been expelled compared with 5% of the general 
          population sample.  (Courtney, M., et al. "Issue Brief: The 
          Educational Status of Foster Children." Chicago: Chapin Hall 
          Center (2004).)

          For these reasons, supporters believe this bill will benefit 
          foster youth by not only ensuring that they have an adult 
          advocate on their side during the disciplinary process, but that 
          the social worker or attorney can connect the youth with 
          appropriate behavioral and mental health resources that will 
          help the child cope and get back on track in their education.  
          In fact, in its letter of support, the Elk Grove Unified School 
          District reports promising early results with this approach, 
          where for the past two years they have employed implemented a 
          similar policy of notifying attorneys for foster youth in 
          disciplinary situations.  In the first year of implementing 
          their program (2009 to 2010), Elk Grove reports a 63% decrease 
          in foster youth expelled since beginning the notification 
          policy.  
           
           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Public Counsel (co-sponsor)








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          Legal Advocates for Children and Youth (co-sponsor)
          Advancement Project
          Alameda County Foster Youth Alliance (FYA)
          The Alliance for Children's Rights
          American Civil Liberties Union (ACLU)
          California Alliance of Child and Family Services
          California Communities United Institute
          California State Bar Family Law Section
          Center on Juvenile and Criminal Justice (CJCJ)
          California Probation, Parole and Correctional Association 
          (CPPCA)
          Chief Probation Officers of California
          Children's Advocacy Institute, University of San Diego School of 
          Law
          Children's Defense Fund
          Children Now
          Coleman Advocates for Children and Youth
          Disability Rights Education & Defense Fund
          Elk Grove Unified School District Foster Youth Services
          Fight Crime: Invest in Kids California
          Legal Services for Children
          Mexican American Legal Defense and Educational Fund
          National Association of Social Workers, California Chapter 
          (NASW-CA)
          National Center for Youth Law
          New America Foundation
          Restorative Schools Vision Project
          San Francisco Unified School District
          Youth and Education Law Project, Mills Legal Clinic at Stanford 
          Law School

           Opposition 
           
          None on file
           

          Analysis Prepared by  :    Anthony Lew / JUD. / (916) 319-2334