BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1909|
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                                 THIRD READING


          Bill No:  AB 1909
          Author:   Ammiano (D), et al.
          Amended:  7/6/12 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 6/20/12
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Runner, Vacancy

           SENATE HUMAN SERVICES COMMITTEE  :  6-0, 7/2/12
          AYES:  Liu, Berryhill, Hancock, Strickland, Wright, Yee
          NO VOTE RECORDED:  Emmerson

           ASSEMBLY FLOOR  :  77-0, 5/29/12 - See last page for vote


           SUBJECT  :    Foster children:  placement: suspension and 
          expulsion:  
                      notification

           SOURCE  :     Legal Advocates for Children
                      Public Counsel Law Center


           DIGEST  :    This bill requires schools to notify a foster 
          youths attorney and representative of the county child 
          welfare agency of pending expulsion or other disciplinary 
          proceedings.

           ANALYSIS  :    

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          Existing law:

           1. Requires each school district to designate a staff 
             person as the educational liaison for foster children.  
             The educational liaison is required to, among other 
             things, ensure and facilitate proper educational 
             placement, enrollment in school and checkout from 
             school, and assist foster children when transferring 
             schools in ensuring proper transfer of credits, records 
             and grades. 

           2. Prohibits a pupil from being suspended or recommended 
             for expulsion unless the principal of the school 
             determines that the pupil has committed certain acts, 
             and gives schools the discretion to take action for most 
             offenses.  

           Discretion to suspend  .  Schools may suspend a pupil for 
          violating any number of acts, some of which include:
           
            1. Attempting to cause or threatening to cause physical 
             injury to another person.  (Expulsion must be 
             recommended for causing serious physical injury.)  

           2. Being under the influence of a controlled substance.  
             (Expulsion must be recommended for possession or the 
             sale of controlled substances.) 

           3. Caused or attempted to cause damage to school property.

           4. Possessed or used tobacco.

           5. Committed an obscene act or engaged in habitual 
             profanity or vulgarity.

           6. Possessed, offered, arranged or negotiated to sell drug 
             paraphernalia.

           7. Engaged in, or attempted to engage in, hazing.

           8. Disrupting school activities or otherwise willfully 
             defying the valid authority of supervisor, teachers, 
             administrators, school officials, or other school 
             personnel engaged in the performance of their duties.

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           9. Engaged in an act of bullying.  

          Pupils may be suspended for a first offense if the school 
          principal determines that the pupil's presence causes a 
          danger to persons or property or threatens to disrupt the 
          instructional process or the pupil committed certain acts.  

           
          Subjective decision  .  School may expel pupils for various 
          offenses upon finding either of the following:

           1. Other means of correction are not feasible or have 
             repeatedly failed to bring about proper conduct.

           2. Due to the nature of the violation, the presence of the 
             pupil causes a continuing danger to the physical safety 
             of the pupil or others. 

           Mandatory suspension and recommendation for expulsion  .  
          School principals are required to immediately suspend, and 
          recommend expulsion of, a pupil who has committed any of 
          the following acts at school or a school activity off 
          school grounds:
           
            1. Possessing, selling, or furnishing a firearm.  (This is 
             consistent with the federal Gun-Free Schools Act.)

           2. Brandishing a knife at another person.

           3. Unlawfully selling a controlled substance.

           4. Committing or attempting to commit a sexual assault.

           5. Possession of an explosive.  

           Pupils with exceptional needs  .  Schools are authorized to 
          suspend or expel an individual with exceptional needs in 
          accordance with federal law.  If a pupil with an 
          individualized education program (IEP) exhibits behavior 
          problems, the IEP team must make a determination if the 
          behavior is a manifestation of the disability and whether 
          the strategies in the IEP are effective to address the 
          behavior.  If it is determined that the IEP is ineffective, 

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          a functional analysis assessment must be conducted, and 
          typically the IEP is then amended to include a behavior 
          intervention plan.  
           
          Decision to suspend  .  The governing board of a school 
          district is required, unless a request has been made to the 
          contrary, to hold closed sessions if the board is 
          considering suspending or taking other disciplinary action 
          (other than expulsion) if a public hearing would lead to 
          the release of confidential information.  School districts 
          are required to notify, in writing, the pupil and the 
          pupil's parent of the intent to call and hold a closed 
          session.  
           
          Expulsion hearing  .  Pupils are entitled to a hearing to 
          determine whether the pupil should be expelled.  The 
          expulsion hearing must be held within 30 schooldays after 
          the date the principal or superintendent determines that 
          the pupil has committed acts that could warrant expulsion.  

           
           Schools are required to send written notice of an expulsion 
          hearing to the pupil and parent at least 10 calendar days 
          prior to the date of the expulsion hearing.  The notice 
          must include, among other things, the following 
          information: 

           1. Date and place of the hearing.

           2. Statement of the specific facts and charges upon which 
             the proposed expulsion is based.

           3. A copy of the disciplinary rules of the district that 
             related to the alleged violation.

           4. The opportunity for the pupil or the pupil's parent to 
             appear in person or to be represented by legal counsel 
             or by a non-attorney adviser.  

           Foster youth  .  Existing law requires the court to appoint 
          counsel for a child who is not represented by counsel 
          unless the court finds that the child would not benefit 
          from the appointment of counsel.  The counsel may be a 
          district attorney, public defender, or other member of the 

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          bar provided that he or she does not represent another 
          party or county agency whose interest conflict with the 
          child's interests.  The primary responsibility of counsel 
          is to advocate for the protection, safety and physical and 
          emotional well-being of the foster child. 
           
           The case plan for each child placed in foster care must 
          contain a summary of health and education information or 
          records of the child, including, among other things, the 
          names and addresses of the child's health, dental, and 
          education providers. 
           
           This bill requires schools to notify a foster youth's 
          attorney and representative of the county child welfare 
          agency (typically the foster youth's social worker) of 
          pending expulsion or other disciplinary proceedings.  
          Specifically, this bill:

           1. Requires the educational liaison, or another employee 
             designated by the superintendent of the school district, 
             to notify a foster child's attorney and the appropriate 
             representative of the county child welfare agency, of 
             pending expulsion proceedings, pending proceedings to 
             extend a suspension, and if the child is an individual 
             with exceptional needs, pending manifestation 
             determinations.  

           2. Authorizes school districts to provide written notice 
             of an expulsion hearing, if the decision to recommend 
             expulsion is mandatory and the pupil is a foster child, 
             to the pupil's attorney and an appropriate 
             representative of the county child welfare agency at 
             least 10 calendar days before the date of the hearing. 

           3. Requires the counsel for a foster youth, if the list of 
             educational liaisons is available on the website of the 
             California Department of Education, to provide, on at 
             least an annual basis, his/her contact information to 
             the educational liaisons of each school district serving 
             his/her clients in the county of the court's 
             jurisdiction.

           4. Authorizes, if the council is part of a firm or 
             organization representing foster youth, the firm or 

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             organization to provide contact information in lieu of 
             contact information for individual counsel.  The firm or 
             organization may designate a person or persons within 
             the firm or organization to receive communications from 
             educational liaisons.

           5. Authorizes the notification currently required 
             regarding foster youth placed in a licensed children's 
             institution to include the name and contact information 
             for a representative of the placing agency who can 
             communicate with the child's school district and child's 
             attorney about educational matters.

           6. Authorizes the health and education summary for a 
             foster youth to include the name and contact information 
             for the educational liaison of the child's school 
             district.

           7. When initially placing a child into foster care or 
             kinship care, and within 48 hours of any subsequent 
             placement of that child, the placing agency shall 
             provide to the child's caretaker both of the following:

             A.   Prescribed medications for the child that is in the 
               possession of the placing agency, with instructions 
               for the use of the medication.

             B.   Information regarding any treatments that are known 
               to the placing agency and that are in effect for the 
               child at the time of the placement, as specified.

          8. States the intent of the Legislature, for purposes of 
             implementing this bill, the notification of, and 
             invitation to, a parent or guardian for meetings and 
             hearings related to the discipline of the pupil also is 
             provided to a person who holds the right to make 
             educational decisions for a foster child, as specified.

           Comments
           
           Disciplinary meetings and hearings.   There are many types 
          of disciplinary meetings that take place ranging from 
          parent-teacher-student conferences to expulsion hearings.  
          This bill addresses expulsion hearings, extends suspension 

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          meetings, and IEP meetings regarding a manifestation 
          determination.  

           Expulsion hearings  :  School districts are required to hold 
          an expulsion hearing for a pupil prior to making a final 
          decision to expel the pupil.  Districts are authorized to 
          hold these hearings in various ways; some governing boards 
          conduct the hearings on their own, while others may appoint 
          an impartial administrative panel of three or more 
          certificated persons or contract with the county hearing 
          officer or with the Office of Administrative Hearings.  
          These hearings are closed to the public unless the pupil 
          follows specific procedures to request otherwise.  Whether 
          the hearing is closed or open to the public, the governing 
          board may hold a closed deliberation session during the 
          hearing.  Existing law allows for the parent or guardian, 
          the pupil and, if the pupil has counsel, the pupil's 
          counsel to attend the closed deliberation.  The governing 
          board, administrative panel or hearing officer must 
          determine whether to recommend expulsion of the pupil 
          within three schooldays after the hearing.  If expulsion is 
          recommended, the governing board's final decision must be 
          based upon substantiated evidence of the charges made 
          against the pupil at the expulsion hearing. 

           Extended suspension meetings  .  In cases where expulsion 
          from any school or suspension for the reminder of the 
          semester from continuation school is being considered by a 
          school district, the district superintendent may extend the 
          suspension until the district board has rendered a 
          decision.  However, an extension may be granted only the 
          superintendent determines, following a meeting with the 
          pupil and the pupil's parent or guardian, that the presence 
          of the pupil at the school or in an alternative school 
          placement does not cause a danger to persons or property or 
          a threat of disrupting the instructional process. 

           Manifestation determination  .  IEP team meetings making a 
          manifestation determination are held only for pupils with 
          exceptional needs to determine whether the behavior leading 
          to the pending disciplinary action was a manifestation of 
          the pupil's disability.  These meetings are required to be 
          held for pupils with exceptional needs in compliance with 
          the federal Individuals with Disabilities Education Act and 

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          call for the meeting of all individuals regularly involved 
          in the pupil's IEP team meetings, which do not specifically 
          include a pupil's counsel or county child welfare worker. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  8/20/12)

          Legal Advocates for Children (co-source)
          Public Counsel Law Center (co-source)
          State Superintendent of Public Instruction, Tom Torlakson
          Alameda County Foster Youth Alliance
          Alliance for Children's Rights
          American Civil Liberties Union of California
          Aspiranet
          California Alliance of Child and Family Services
          California Communities United Institute
          California Probation, Parole and Correctional Association
          California State Parent Teacher Association
          California Youth Connection
          California Youth Justice Coalition
          Center on Juvenile & Criminal Justice
          Chief Probation Officers of California
          Children's Advocacy Institute
          Children's Defense Fund
          Coleman Advocates for Children and Youth
          Disability Rights Education & Defense Fund
          Disability Rights Legal Center
          Elk Grove Unified School District Foster Youth Services
          Fight Crime Invest in Kids California
          Lambda Legal
          Legal Services for Children
          Mexican American Legal Defense and Education Fund
          National Association of Social Workers
          National Center for Youth Law
          New America Foundation
          PolicyLink
          Restorative Schools Vision Project
          San Mateo Foster Youth Services
          State Bar of California, Family Law Section
          Youth and Education Law Project, Mills Legal Clinic

           ARGUMENTS IN SUPPORT  :    According to the author, "Foster 

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          youth are more likely to exhibit emotional and behavioral 
          problems than their non-foster peers, which often impact 
          their school behavior.  Children and youth in foster care 
          receive disproportionate levels of discipline in relation 
          to their non-foster peers and are more likely to be 
          suspended or expelled from school.  Although foster youth 
          are more likely to have behavioral issues and receive 
          school discipline, they do not receive the same level of 
          adult support as their non-foster peers in disciplinary 
          situations.  Existing law requires that a parent is 
          notified when their child faces expulsion or is subject to 
          a manifestation determination meeting.  Because foster 
          youth often change homes and the adult responsible for the 
          education also shifts, it is difficult for the school to 
          identify the appropriate adult to contact if discipline 
          problems arise.  AB 1909 would close this communication gap 
          between the school and those responsible for the foster 
          youth's welfare."


           ASSEMBLY FLOOR  :  77-0, 5/29/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, 
            Hagman, Halderman, Harkey, Hayashi, Roger Hernández, 
            Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, 
            Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Cedillo, Fletcher, Hall


          PQ:d  8/20/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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