BILL ANALYSIS Ó
AB 1909
Page 1
ASSEMBLY THIRD READING
AB 1909 (Ammiano and Brownley)
As Amended May 16, 2012
Majority vote
JUDICIARY 10-0 EDUCATION 10-0
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|Ayes:|Feuer, Wagner, Atkins, |Ayes:|Brownley, Norby, Ammiano, |
| |Dickinson, Gorell, Huber, | |Buchanan, Butler, Carter, |
| |Jones, Monning, | |Eng, Halderman, Wagner, |
| |Wieckowski, Bonnie | |Williams |
| |Lowenthal | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Ammiano, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
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SUMMARY : Requires notification of a foster child's attorney and
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 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
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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
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with this legislation would be minor
and absorbable within existing resources.
AB 1909
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COMMENTS : This 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
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.
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. 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
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expulsion is upheld are significant. 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
the statute.
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 10 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).)
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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 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.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0003800