BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2060
Author: Bonilla (D)
Amended: 8/7/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/19/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/25/12 (Consent) - See last page
for vote
SUBJECT : Juveniles: educational decisions
SOURCE : Childrens Rights Project
Public Counsel
DIGEST : This bill requires the court, after a parents
right to make educational decisions for his/her minor child
has been limited, to determine if there is a responsible
adult who is a relative, nonrelative extended family
member, or other adult known to the child, who is available
and willing to serve as the child's educational
representative before appointing an educational
representative or surrogate who is not known to the child.
This bill also requires an appointed educational
representative or surrogate to meet with the child,
investigate the child's educational needs and whether those
needs are being met, and present recommendations to the
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court or attend court to participate in any portion of the
hearing which concerns the child's education.
Senate Floor Amendments of 8/7/12 conform the bill to
existing law. On June 27, 2012, SB 1013 (Senate Budget and
Fiscal Review Committee, Chapter 35, Statues of 2012) took
immediate effect, resulting in a number of pending bills
that do not reflect current law. Accordingly, these
amendments conform provisions of this bill to existing law.
NOTE: This bill passed the Senate (36-0) on July 6, 2012.
It was returned from the Assembly for these
conforming amendments.
ANALYSIS : Existing law authorizes the juvenile court to
limit a parent's or guardian's right to make educational
decisions on behalf of his/her child, and to appoint an
educational rights holder (ERH) to make those decisions.
If the court cannot find a responsible adult to make
educational decisions, the court, with the input of
interested individuals, may make educational decisions for
the child. (Welfare and Institutions Code (WIC) Section
319, 361, and 726)
Existing law limits the duration of the ERH order until the
child is placed in a permanent living arrangement with a
foster parent, relative caretaker, or nonrelative extended
family member who thereafter assumes the right to make
educational decisions on behalf of the child. (WIC Section
361 and 726)
Existing law authorizes the juvenile court to limit a
parent's or guardian's right to make decisions about the
regional center and other developmental services for a
child with developmental disabilities, and to appoint a
developmental services decision-maker. (WIC Section 319,
361, 706.5, 726, 4512, and 5328)
Existing law provides that a surrogate parent may represent
a child with exceptional needs in matters relating to
identification, assessment, instructional planning and
reviewing and revising the individualized education
program. (Education Code Section 56050)
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Existing law requires a local educational agency to appoint
a surrogate parent for a child to represent the child in
educational matters, including when the child is
adjudicated a dependent or ward of the court and is
referred for special education services, when no parent for
the child can be identified, or when the local educational
agency cannot locate a parent. (Government Code Section
7579.5)
Existing law grants a guardian or conservator of the person
authority over the education of the ward or conservatee,
subject to limitation by the court. (Probate Code Section
2351)
Existing rules of court provide that the court should
consider appointing a responsible adult relative,
nonrelative extended family member, foster parent, family
friend, mentor, or CASA (Court Appointed Special Advocate)
volunteer as the educational representative if one is
available and willing to serve. Existing rules of court
also require the educational representative to meet with
the child at least once and as often as necessary to make
educational decisions that are in the best interest of the
child. (California Rule of Court, Rule 5.650(f))
This bill requires the court, at an initial detention
hearing or when a child is adjudicated a dependent of the
court, and the court limits a parent's educational rights,
to determine whether there is a responsible adult, who is a
relative, non-relative extended family member, or other
adult known to the child and who is willing and able to
serve as the child's educational representative, before
appointing an educational representative or surrogate who
is not known to the child.
This bill requires an educational representative or
surrogate, prior to each review hearing, to meet with the
child, investigate the child's educational needs and
whether those needs are being met. The educational
representative or surrogate would be required to provide
information and recommendations concerning the child's
educational needs to the social worker or the probation
officer, make written recommendations to the court, and/or
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participate in those portions of the review hearing that
concern the child's education.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/8/12)
Abrazo Foster Family Agency
Aspiranet
California Alliance of Child and Family Services
Children Now
Children's Rights Project
Disability Rights Education and Defense Fund
Fresno County Foster Care Standards and Oversight Committee
National Center for Youth Law
Public Counsel
ARGUMENTS IN SUPPORT : According to the author:
Various California laws address the process for
appointing an educational rights holder (ERH) for foster
youth, however, enhancements to these laws are necessary
to ensure greater accountability for educational
progress.
Current law requires that if a court limits a parent's
educational rights, it must either appoint a "responsible
adult" to act as the ERH or, if the child has special
education needs, refer the child to the Local Education
Agency (LEA) for appointment of a "surrogate parent."
Additionally, existing law only requires the ERH to meet
with the child one time (Rule 5.650(f)(2)) and does not
require the ERH to provide updates on the child's
educational needs and progress to the child's social
worker or probation officer, or to the court.
ASSEMBLY FLOOR : 70-0, 5/25/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
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Feuer, Fong, Furutani, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Gorell, Hagman, Halderman, Harkey,
Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Atkins, Bill Berryhill, Fletcher,
Fuentes, Grove, Hall, Knight, Ma, Perea, Silva
RJG:m 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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