BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 121 (Liu)
Hearing Date: 05/23/2011 Amended: 05/17/2011
Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 9-0
_________________________________________________________________
____
BILL SUMMARY: SB 121 specifies the process that must be followed
before a foster youth may be placed in a non-public school, and
places new requirements on those institutions, the
Superintendent of Public Instruction (SPI), and education rights
holders. Specifically, this bill:
1) Specifies that foster youth shall not be referred to, or
placed in, a nonpublic, nonsectarian school unless their
individualized education programs (IEPs) specify that the
placement is appropriate;
2) Requires that if the person holding the right to make
educational decisions for the pupil decides to place the
pupil in a nonpublic, nonsectarian (NPNS) school without
the required IEP, that person shall provide a written
statement to that effect to the local educational agency
(LEA) and the juvenile court, as specified;
3) Prohibits a licensed children's institution (LCI) or
NPNS school from requiring as a condition of placement that
educational authority for a child be designated to that
institution, school, or agency; and prohibits an employee
of an LCI or NPNS school from serving as a surrogate parent
or from representing the interests of a child residing in
an LCI, as specified.
4) Prohibits an LCI from referring or placing a pupil in an
NPNS school, and from soliciting or in any way requesting
that a parent or person holding the right to make
educational decisions for a pupil residing there, transfer
or delegate that authority to an employee or person
associated with it.
SB 121 (Liu)
Page 1
5) Adds to the violations of law that the SPI is required
to investigate if he or she receives evidence of a
significant deficiency in the quality of educational
services provided, a violation of law, or noncompliance
with policies, as specified.
6) Requires the SPI to monitor the certified NPNS school's
or agency's compliance with all provisions of the master
contract, as specified, and would add to the reasons that
the SPI may revoke or suspend the certification of an NPNS
school;
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Notifications: LEA, court Potentially significant
reimbursable mandate General
SPI investigations Likely minor, possibly significant
additional workload General
_________________________________________________________________
____
STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
This bill makes numerous changes and clarifications to processes
and restrictions for placing a foster youth in an NPNS school.
The fiscal implications of many of these changes, such as the
prohibiting a licensed children's institution or NPNS school
from requiring as a condition of placement that educational
authority for a child be designated to that entity, will depend
upon what the alternatives are, and what decisions the
alternative educational rights holders make for foster youth.
The restrictions in this bill are intended to reduce conflicts
of interest in placing foster youth in specific educational
settings, and to reduce placements in NPNS schools. In many
cases, these measures will reduce state costs because they will
likely reduce NPNS school placements, which typically cost much
more than public school placements.
SB 121 (Liu)
Page 2
This bill requires that if a parent, guardian, or person holding
the right to make educational decisions for a pupil decides to
remove the pupil from public school and to place the pupil in an
NPNS school without the required IEP that person shall provide a
written statement that he or she has made that determination to
the LEA and the juvenile court. This bill specifically requires
that the statement include a declaration that, prior to making
the decision, the LEA informed the holder of the right to make
educational decisions for the pupil, in writing, of all of the
following: a) The pupil has a right to attend a regular public
school in the least restrictive environment; b) the alternate
education program is a special education program, if applicable;
c) the decision to unilaterally remove the pupil from the
regular public school and to place the pupil in an alternate
education program may not be financed by the LEA; and d) any
attempt to seek reimbursement for the alternate program will be
at the expense of the holder of the right to make educational
decisions for the pupil.
Requiring the LEA and juvenile court, as specified, to receive
these newly required written notifications likely constitutes a
new reimbursable state mandate. Because of the level of
specificity of the notification, and its likely future use to
defend and LEA against having to reimburse NPNS school services,
LEAs would have to verify that all of the required information
is included, and follow up with the writer if the notice is
incomplete. Additionally, LEAs would likely need to retain the
notification, in case it is needed in the future. This mandate
is likely minor, but its costs depend on the number of
notifications, and any training or processes that LEAs undertake
to implement the new law.
Existing law requires the SPI to monitor the facilities, the
educational environment, and the quality of the educational
program of NPNS schools. The State Department of Education's
Non-Public Schools Office oversees 400 certified NPNS
facilities, and conducts site visits. Under existing law, the
SB 121 (Liu)
Page 3
office will conduct an investigation of an NPNS school if it
receives evidence of a significant deficiency in the quality of
educational services, a violation of law, or noncompliance with
policies. Depending on the investigation results, the SPI may
revoke or suspend the certification of an NPNS school for
specified reasons.
This bill adds to the violations of law that the SPI is required
to investigate, requires the SPI to monitor master contract
compliance more extensively, and adds to the reasons that the
SPI may revoke or suspend the certification of an NPNS school.
This bill will likely increase workload to monitor and
investigate facilities.