BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 121|
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THIRD READING
Bill No: SB 121
Author: Liu (D)
Amended: 5/17/11
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 4/13/11
AYES: Lowenthal, Runner, Alquist, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Blakeslee, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 6-2, 5/26/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Runner
NO VOTE RECORDED: Emmerson
SUBJECT : Foster youth: special education: non-public
schools
SOURCE : Author
DIGEST : This bill specifies the process that must be
followed before a foster youth may be placed in a nonpublic
school, and places new requirements on those institutions,
the Superintendent of Public Instruction, and education
rights holders.
ANALYSIS :
Existing Law
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1.Requires a pupil who is placed in a licensed children's
institution of foster family home to attend programs
operated by the local educational agency (LEA) unless
the pupil is entitled to remain in his or her school of
origin, the pupils has an individualized education
program (IEP) requiring placement elsewhere, or the
pupil's parent or guardian, or other person holding the
right to make education decisions for the pupil,
determines that it is in the best interest of the pupil
to be placed in another educational program.
2.Existing law prohibits a licensed children's institution
or nonpublic, nonsectarian school or agency from
requiring as a condition of placement that educational
authority for a child be designated to that institution,
school, or agency.
3.Provides that no LEA shall refer an individual with
exceptional needs residing in a licensed children's
institution or foster family home to a nonpublic,
nonsectarian school unless the services required by the
IEP of the pupil can be ensured, and that before a LEA
places an individual with exceptional needs in, or
refers such an individual to, a nonpublic, nonsectarian
school, the school district, special education local
plan area, or county office of education shall initiate
and conduct a meeting to develop an IEP for the pupil.
4.Requires that the master contract for nonpublic,
nonsectarian school or agency services, in the case of a
nonpublic, nonsectarian school that is owned by,
operated by, or associated with, a licensed children's
institution, include a method for evaluating whether the
school is in compliance with specified statutory
mandates.
5.Requires the Superintendent of Public Instruction (SPI)
{rto conduct an investigation for a nonpublic,
nonsectarian school or agency if he or she receives
evidence of a significant deficiency in the quality of
education services provided, a violation of law, or
noncompliance with policies, as specified.
6.Requires the SPI to monitor the facilities, the
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educational environment, and the quality of the
educational program of an existing certified nonpublic,
nonsectarian school or agency on a three-year cycle, as
specified.
7.Provides that the SPI may revoke or suspend the
certification of a nonpublic, nonsectarian school for
specified reasons.
8.Prohibits a licensed children's institution from
requiring as condition of residential placement that it
provide the appropriate educational programs to
individuals with exceptional needs residing there
through a nonpublic, nonsectarian school or agency
owned, operated by, or associated with it.
9.Requires a nonpublic, nonsectarian school that provides
special education and related services to an individual
with exceptional needs to certify in writing to the SPI
that it meets specified requirements.
10.Authorizes a LEA to appoint a surrogate parent, as
specified, who shall serve as the child's parent and
shall have the rights relative to the child's education
of a parent, may represent the child in matters relating
to special education and related services, and may
provide written consent to an IEP including nonemergency
medical services, mental health treatment services, and
occupational or physical therapy services, as specified.
11.Authorizes the court to limit the right of the parent or
guardian to make educational decisions for a child and
at the same time appoint a responsible adult to make
educational decisions for the child if a minor is
adjudged to be a ward or dependent child of the court.
However, existing law also provides that an individual
who would have a conflict of interest representing the
child may not be appointed to make educational
decisions.
This bill:
1.Requires that, if the pupil's parent or guardian, or
other person holding the right to make educational
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decisions for the pupil, makes that determination that
it is in the best interest of the pupil to be placed in
another educational program, he or she shall provide a
written statement to that effect to the LEA and the
juvenile court, as specified.
2.Prohibits a licensed institution or nonpublic,
nonsectarian school or agency from soliciting or in any
way requesting that a parent or person holding the right
to make educational decisions for a pupil transfer or
delegate that authority to an employee or person
associated with a licensed children's institution or
nonpublic, nonsectarian school or agency.
3.Provides that, if the parent, guardian, or person
holding the right to make educational decisions for the
pupil decides to remove the pupil from public school and
to place the pupil in a nonpublic, nonsectarian school
without the required IEP, that person shall provide a
written statement that he or she has made that decision
to the LEA and the juvenile court, as specified.
4.Expands statutory mandates to include those prohibiting
a licensed children's institution or nonpublic,
nonsectarian school or agency from requiring, as a
condition of placement, that educational authority for a
child be designated to that institution, school, or
agency; prohibiting a licensed institution or nonpublic,
nonsectarian school or agency from soliciting or in any
way requesting that a parent or person holding the right
to make educational decisions for a pupil transfer or
delegate that authority to an employee or person
associated with a licensed children's institution or
nonpublic, nonsectarian school or agency; and
prohibiting a licensed children's institution from
requiring that a child be identified as an individual
with exceptional needs as a condition of admission or
residency.
5.Adds to the violations of law that the SPI is required
to investigate provisions prohibiting a licensed
children's institution or nonpublic, nonsectarian school
or agency from requiring as a condition of placement
that educational authority for a child be designated to
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it; prohibiting a licensed institution or nonpublic,
nonsectarian school or agency from soliciting or in any
way requesting that a parent or person holding the right
to make educational decisions for a pupil transfer or
delegate that authority to an employee or person
associated with it; requiring a licensed children's
institution or nonpublic, nonsectarian school or agency
to report to the local educational agency the
educational progress demonstrated by an individual with
exceptional needs placed there by the local educational
agency; prohibiting an individual who is an employee of,
or who is associated with, a licensed children's
institution or an agency owned by, operated by, or
associated with, a licensed children's institution or
who is an employee of, or who is associated with, a
nonpublic, nonsectarian school, from serving as a
surrogate parent, or a surrogate parent from
transferring or delegating his or her authority to such
an individual; and prohibiting an individual who is an
employee of, or who is associated with, a licensed
children's institution or an agency owned by, operated
by, or associated with, a licensed children's
institution or who is an employee of, or who is
associated with, a nonpublic, nonsectarian school, from
representing the interests of a child residing in a
licensed children's institution, as specified.
6.Require the SPI to monitor the certified nonpublic,
nonsectarian school's or agency's compliance with all
provisions of the master contract; certified
requirements; provisions prohibiting a licensed
children's institution or nonpublic, nonsectarian school
or agency from requiring as a condition of placement
that educational authority for a child be designated to
it; prohibiting a licensed institution or nonpublic,
nonsectarian school or agency from soliciting or in any
way requesting that a parent or person holding the right
to make educational decisions for a pupil transfer or
delegate that authority to an employee or person
associated with it; prohibiting a licensed children's
institution from requiring that a child be identified as
an individual with exceptional needs as a condition of
admission or residency; and prohibiting a licensed
children's institution form requiring as condition of
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residential placement that it provide the appropriate
educational programs to individuals with exceptional
needs residing there through a nonpublic, nonsectarian
school or agency owned, operated by, or associated with
it, from referring or placing a pupil in a nonpublic,
nonsectarian school, or from soliciting or in any way
requesting that a parent or person holding the right to
make educational decisions for the pupil transfer or
delegate that authority to an employee or person
associated with it.
7.Adds to the reasons that the SPI may revoke or suspend
the certification of a nonpublic, nonsectarian school
failure to comply with provisions prohibiting a licensed
children's institution or nonpublic, nonsectarian school
or agency from requiring as a condition of placement
that educational authority for a child be designated to
it; prohibiting a licensed institution or nonpublic,
nonsectarian school or agency from soliciting or in any
way requesting that a parent or person holding the right
to make educational decisions for a pupil transfer or
delegate that authority to an employee or person
associated with it; prohibiting a licensed children's
institution from requiring that a child be identified as
an individual with exceptional needs as a condition of
admission or residency; prohibiting a licensed
children's institution from requiring as condition of
residential placement that it provide the appropriate
educational programs to individuals with exceptional
needs residing there through a nonpublic, nonsectarian
school or agency owned by, operated by, or associated
with it from referring or placing a pupil in a
nonpublic, nonsectarian school; or from soliciting or in
any way requesting that a parent or person holding the
right to make educational decisions for the pupil
transfer or delegate that authority to an employee or
person associated with it.
8.Prohibits a licensed children's institution from
referring or placing a pupil in a nonpublic,
nonsectarian 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
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person associated with it.
9.Expands the list of certified requirements to include
existence of and adherence to written policies that
state that it will not require as a condition of
placement that educational authority for a pupil be
designated to that institution, school, or agency and
that it will not solicit or in any way request that a
parent or person holding the right to make educational
decisions for the pupil transfer or delegate that
authority to one if its employees or persons associated
with it.
10.Prohibit an individual who is an employee of or who is
associated with a licensed children's institution or an
agency owned by, operated by, or associated with, a
licensed children's institution or who is an employee
of, or who is associated with, a nonpublic, nonsectarian
school from serving as a surrogate parent, or a
surrogate parent from transferring or delegating his or
her authority to such an individual.
Prohibits an individual who is an employee of, or who is
associated with, a licensed children's institution or an
agency owned by, operated by, or associated with, a
licensed children's institution or who is an employee
of, or who is associated with, a nonpublic, nonsectarian
school from representing the interests of a child
residing in a licensed children's institution, as
specified.
11.Prohibits a responsible adult appointed by the court to
make educational decisions for the child from delegating
or transferring the right to make educational decisions
for the child to any other individual, organization,
agency, or entity.
Prohibits an individual who is an employee of, or who is
associated with, a licensed children's institution, or
an agency owned by, operated by, or associated with, a
licensed children's institution or who is an employee
of, or who is associated with, a nonpublic, nonsectarian
school from being appointed to make educational
decisions for the child.
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Related/Prior Legislation
AB 709 (Brownley), 2011-12 Session, clarifies that a foster
youth who changes schools has the right to be immediately
enrolled in the new school even if the medical records
including immunization records are not provided at the time
of enrollment. (In Senate Rules Committee)
AB 1933 (Brownley), Chapter 563, Statutes of 2010, expands
the requirement that a local educational agency to allow a
pupil in foster care to remain in his or her school of
origin for the duration of the court's jurisdiction
including in the school feeder pattern as long as it is in
the child's best interest. Passed the Senate with a vote
of 35-0 on August 24, 2010.
SB 1353 (Wright), Chapter 557, Statutes of 2010, among
other things, provides that consideration of the best
interests of a foster child shall include educational
stability and the opportunity to be educated in the least
restrictive educational setting necessary to achieve
academic progress. Passed the Senate with a vote of 34-0
on August 11, 2010.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Notifications: LEA, Potentially significant
reimbursable General
court mandate
SPI investigations Likely minor, possibly
significant General
additional workload
SUPPORT : (Verified 2/27/11)
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American Federation of State, County and Municipal
Employees
OPPOSITION : (Verified 2/27/11)
California Association of Private Education Schools
Learning Rights
Youth Law Center
ARGUMENTS IN SUPPORT : According to the author's office,
"Foster youth are moved and change schools sometimes
without the knowledge of the parent or other person holding
the education rights. There have been situations where a
foster youth is placed by a group home into a non-public
school operated by the group home. Despite current law
that requires foster youth to attend a public school unless
the pupil's individualized education program (IEP) calls
for another placement, or if the pupil's education rights
holder makes that decision, some foster youth are being
placed in a non-public school before the determination is
made by either the education rights holder or the IEP team.
This bill ensures that the actual holder of educational
rights in fact makes the decision to place the pupil in a
NPS and explicitly prohibits placements outside of the IEP
process or without the knowledge of the education rights
holder."
CPM:cm 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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