BILL ANALYSIS                                                                                                                                                                                                    Ķ



                                                                  SB 121
                                                                  Page  1

          Date of Hearing:   June 13, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                       SB 121 (Liu) - As Amended:  June 6, 2012

           SENATE VOTE :   26-12
           
          SUBJECT  :   Pupils: foster children: special education

           SUMMARY  :  Requires a written statement be provided to a local 
          educational agency (LEA) by a parent, guardian, or educational 
          rights holder if he or she makes a determination that it is in 
          the best interest of a foster pupil to be placed in an 
          educational program other than a program operated by the LEA, as 
          specified.  Specifically,  this bill  : 

          1)Requires the written statement to include a declaration that 
            the parent, guardian, or educational rights holder is aware 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 
               local educational agency; and, 
             d)   Any attempt to seek reimbursement for the alternate 
               program will be at the expense of the   parent, guardian, or 
               educational rights holder.

          2)Clarifies that a pupil with exceptional needs, including a 
            pupil residing in a licensed children's institution (LCI) or 
            foster family home shall not be referred to, or placed in, a 
            nonpublic, nonsectarian school (NPS) unless his or her 
            individualized education program (IEP) specifies that the 
            placement is appropriate.

          3)Prohibits an LCI from referring a pupil to, or placing a pupil 
            in, an NPS. 

          4)Stipulates that a LCI shall not, instead of may not, require 
            that a child be identified as an individual with exceptional 
            needs as a condition of admission or residency. 








                                                                  SB 121
                                                                  Page  2


           EXISTING LAW  :

          1)Stipulates that before a LEA places an individual with 
            exceptional needs in, or refers such an individual to an NPS, 
            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.  (Education Code (EC) 
            § 56342.1)

          2)Requires a pupil who is placed in an LCI or foster family home 
            to attend programs operated by the LEA unless the pupil is 
            entitled to remain in his or her school of origin, the pupil 
            has an IEP requiring placement elsewhere, or the pupil's 
            parent or guardian, or other person holding the right to make 
            educational decisions for the pupil, determines that it is in 
            the best interests of the pupil to be placed in another 
            educational program.  (EC § 48853)

          3)Provides that an LCI may not require that a child be 
            identified as an individual with exceptional needs as a 
            condition of admission or residency.  (Education Code § 
            56155.7)

          4)Specifies that in providing appropriate programs to 
            individuals with exceptional needs residing in LCIs or foster 
            family homes, the LEA shall first consider services in 
            programs operated by public education agencies for individuals 
            with exceptional needs, and if those programs are not 
            appropriate, special education and related services shall be 
            provided by contract with a NPS.  (EC § 56157)

          5)Prohibits an LCI from requiring as a condition of residential 
            placement that it provide the educational programs to 
            individuals with exceptional needs residing there through a 
            nonpublic, nonsectarian school or agency owned, operated by, 
            or associated with, it.  (EC § 56366.9)

          6)Defines "non-public school" (NPS) as a private, non-sectarian 
            school that enrolls pupils with exceptional needs pursuant to 
            an IEP and is certified by the California Department of 
            Education (CDE).  (EC § 56034)

          7)Requires a court to appoint a responsible adult to make 
            educational decisions for a child if the court limits the 








                                                                  SB 121
                                                                  Page  3

            right of a parent or guardian to make educational decisions 
            for the child.  (Welfare and Institutions Code § 361)

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, on the previous version of this bill, potentially 
          significant reimbursable mandate General Fund costs for purposes 
          of notifications.  Likely minor General Fund costs for the 
          Superintendent of Public Instruction to conduct investigations, 
          and possibly significant additional workload.  This bill has 
          been substantially amended since it was heard by the Senate 
          Appropriations Committee. 

           COMMENTS  :  Current law stipulates the conditions and the process 
          under which a pupil with exceptional needs may be placed in an 
          NPS or other non-LEA educational setting.  Specifically, current 
          law allows placement in a NPS when an LEA is unable to provide 
          programs and services that are appropriate for a pupil and the 
          IEP team has met and made that determination.  For foster youth 
          placed in an LCI (group home) or foster family home, current law 
          requires these pupils to attend programs operated by the LEA 
          unless the pupil is entitled to remain in his or her school of 
          origin, the pupil has an IEP requiring placement elsewhere, or 
          the pupil's parent or guardian, or the educational rights holder 
          determines that it is in the best interest of the pupil to be 
          placed in another educational program. 

          This bill restates and clarifies in various sections throughout 
          the Education Code the restrictions for placing a foster youth 
          in an NPS, and ensures that proper documentation is submitted in 
          cases in which the parent, guardian, or educational rights 
          holder decides to place a pupil in an NPS or other alternative 
          educational setting.  

           Need for the bill  :  According to the author, "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 (NPS) before the determination is made by 
          either the education rights holder or the IEP team."  

          Several laws are indeed in effect regarding the requirements of 
          LEAs, LCIs, and placing agencies to ensure the education of 
          youth in foster care.  Current law provides that foster youth 
          must attend programs operated by the LEA and that all 








                                                                  SB 121
                                                                  Page  4

          educational and school placement decisions should be made to 
          ensure that the pupil is placed in the least restrictive 
          environment.  These provisions were put in place to afford all 
          foster youth equal educational opportunities.  However, despite 
          these various protections, there are still cases in which foster 
          youth are placed in inappropriate educational settings.  The 
          author notes that, "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 NPS operated by 
          the group home, citing parental placement statutes."  

          In fact, complaints have been filed with the CDE in years past 
          based on alleged violations with respect to children residing in 
          LCIs being improperly placed in NPSs without the benefit of a 
          determination of eligibility for special education.  In some 
          cases, it appears that the agency that places the child in an 
          LCI or group home fails to notify the LEA as soon as a child is 
          placed in the LCI or group home, as is required by current law.  
          This bill seeks to make clarifications and restatements in 
          current law relative to these protections, and to ensure there 
          is documentation that affirms the decision of parent, guardian 
          or educational rights holder to place a foster youth in an 
          educational program other than a LEA program.  No additional 
          authority for parents or educational rights holders to place 
          youth in alternative programs is provided in this bill, as that 
          authority already exists.

           Recommended amendments  :  This bill requires the written 
          notification to include a declaration that the parent, guardian 
          or educational rights holder is aware of specified information, 
          including that the decision to unilaterally remove the pupil 
          from an LEA program and to place the pupil in an alternate 
          education program may not be financed by the LEA.  While this is 
          important information for a parent, guardian or educational 
          rights holder to have, this bill does not specify how these 
          individuals will obtain that information.  It is not certain 
          that a LEA will provide that information voluntarily.   Staff 
          recommends  an amendment to stipulate that for purposes of 
          ensuring the parent, guardian or educational rights holder is 
          aware of this information, an LEA may provide this information.  


          Section 4 of the bill adds language specifying that an IEP 
          meeting shall be conducted pursuant to an entire chapter, 








                                                                  SB 121
                                                                  Page  5

          however that same section already includes references to 
          specific code sections relative to IEP meetings.  The language 
          "pursuant to this chapter," appears to be redundant and may add 
          confusion.  Staff recommends  deleting "pursuant to this chapter" 
          on page 6, line 2.  

           Arguments in support  : The California School Boards Association 
          writes, "This bill addresses situations which are unfortunately 
          not uncommon, where a foster youth is enrolled in a NPS without 
          the proper decisions being made by either the pupil's IEP team 
          or the educational rights holder.  Senate Bill 121 clarifies 
          current law regarding the enrollment of foster youth in a 
          non-public school (NPS) to specify that these pupils may be 
          referred to or placed in a NPS only by a public school pursuant 
          to the pupil's IEP or by the parent or other person who holds 
          the right to make educational decisions for the pupil." 

           Previous legislation  :  AB 490 (Steinberg), Chapter 862, Statutes 
          of 2003, made several comprehensive changes to the law related 
          to the education of foster youth in the areas of educational 
          placement, coursework credit, records transfer, and educational 
          programs offered to foster youth, including the requirements 
          that pupils placed in LCIs or foster family homes attend 
          programs operated by the LEA and that educational programs for 
          foster youth are provided in the least restrictive environment. 

          AB 1858 (Steinberg), Chapter 914, Statutes of 2004, placed new 
          requirements on nonpublic schools (NPS), which provide special 
          education to foster youth who reside in licensed children's 
          institutions and foster family homes.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California School Boards Association
          San Francisco Unified School District 
           
            Opposition 
           
          None on file. 

           Analysis Prepared by  :    Marisol Aviņa / ED. / (916) 319-2087 










                                                                  SB 121
                                                                  Page  6