BILL ANALYSIS Ó AB 1909 Page 1 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 AB 1909 Page 2 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 AB 1909 Page 3 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 AB 1909 Page 4 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 AB 1909 Page 5 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 AB 1909 Page 6 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) AB 1909 Page 7 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