BILL ANALYSIS Ó AB 1909 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1909 (Ammiano and Brownley) As Amended August 24, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |77-0 |(May 29, 2012) |SENATE: |33-0 |(August 29, | | | | | | |2012) | ----------------------------------------------------------------- Original Committee Reference: JUD. 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 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 to extend a suspension, to render a manifestation determination for a child with exceptional needs, or for an expulsion proceeding if the decision to recommend expulsion is a discretionary act. 2)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. 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 the individualized education program (IEP) team meeting to make a manifestation determination. 4)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. AB 1909 Page 2 5)Requires counsel appointed for the child to provide, at least once every year, his or her contact information to the educational liaison of each local educational agency serving counsel's foster child clients in the county of jurisdiction, if the list of educational liaisons is available on the Internet Web site of the State Department of Education. 6)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. 7)Authorizes the child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's school district when the child has been placed outside of the county of jurisdiction. 8)Makes other technical and non-substantive amendments. The Senate amendments : 1)Remove a reporting requirement of contact information for agencies that place foster children. 2)Authorize the child's caregiver to provide contact information of the child's attorney to a school district outside the child's county of jurisdiction. 3)Clarify the educational liaison's responsibility to notify the foster child's attorney and social worker in cases where the decision to recommend expulsion is a discretionary act, rather than a mandatory one. 4)Authorize certain notices to the pupil's representatives to be made by the most cost-effective method possible, including by email or telephone call. 5)State legislative intent relating to notification of persons holding the right to make educational decisions for the child. 6)Add chaptering-out language to avoid conflicts with SB 1568 (DeSaulnier) and AB 1712 (Beall) of this legislative session. AB 1909 Page 3 AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version approved by the Senate. FISCAL EFFECT : None 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. AB 1909 Page 4 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 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 to 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 AB 1909 Page 5 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. Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334 FN: 0005705