BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1909
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1909 (Ammiano and Brownley)
          As Amended August 24, 2012
          Majority vote  
           
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          |ASSEMBLY:  |77-0 |(May 29, 2012)  |SENATE: |33-0 |(August 29,    |
          |           |     |                |        |     |2012)          |
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           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.









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          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
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           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
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          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
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          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