BILL ANALYSIS Ķ
SB 121
Page 1
SENATE THIRD READING
SB 121 (Liu)
As Amended June 20, 2012
Majority vote
SENATE VOTE :26-12
EDUCATION 9-0 APPROPRIATIONS 17-0
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|Ayes:|Brownley, Ammiano, |Ayes:|Fuentes, Harkey, |
| |Buchanan, Butler, Carter, | |Blumenfield, Bradford, |
| |Eng, Grove, Wagner, | |Charles Calderon, Campos, |
| |Williams | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 LEA; and,
d) Any attempt to seek reimbursement for the alternate program
will be at the expense of the parent, guardian, or educational
rights holder.
SB 121
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2)States that for purposes of ensuring a parent, guardian, or other
person holding the right to make educational decisions for the
pupil is aware of the information described in 1) above, the LEA
may provide him or her with that information in writing.
3)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.
4)Prohibits an LCI from referring a pupil to, or placing a pupil in,
an NPS.
5)Stipulates that an 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.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor General Fund/Proposition 98 costs, likely less than $75,000,
to implement this measure.
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.
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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 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 California Department
of Education 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.
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
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in the least restrictive environment.
Analysis Prepared by : Marisol Aviņa / ED. / (916) 319-2087
FN: 0004951