BILL ANALYSIS Ó
SB 121
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Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 121 (Liu) - As Amended: June 20, 2012
Policy Committee: Education Vote:9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill clarifies the educational placement of foster pupils
residing in a licensed care institution (LCI), as specified.
Specifically, this bill:
1)Requires a parent/guardian or person holding the right to make
educational decisions for a pupil to provide a written
statement that he or she has made the determination the pupil
should be placed in an educational program not offered by the
local education agency, as specified.
2)Prohibits an individual with exceptional needs who resides in
an LCI or foster family home from being referred to or placed
in, a non-public school (NPS) unless his or her individualized
education program (IEP) specifies the placement is
appropriate.
FISCAL EFFECT
Minor GF/98 costs, likely less than $75,000, to implement this
measure.
COMMENTS
1)Purpose . According to the author, "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
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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."
2)Existing law requires a local educational agency (LEA) to
initiate and conduct a meeting of the pupil's IEP team to
develop an IEP before placing an individual with exceptional
needs in, or referring an individual to, a NPS. Current law
defines an NPS as a private, non-sectarian school that enrolls
individuals with exceptional needs pursuant to IEP and is
certified by the State Department of Education.
Statute further requires LEAs to first consider services in
programs operated by public education agencies for individuals
with exceptional needs who reside in an LCI or foster family
homes. Special education and related services must be
provided by contract with a NPS if programs operated by a
public school are not appropriate.
Current law, specific to foster youth, requires a court to
appoint a responsible adult to make educational decisions for
the child if the court limits the right of a parent or
guardian to make these for the child. This bill clarifies
that the responsible adult who makes decision to place the
foster child in an educational program offered by the LEA put
this decision in writing.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081
SB 121
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