BILL NUMBER: SB 1568	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 24, 2012

   An act to amend Section 48853.5 of the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1568, as introduced, DeSaulnier. Pupils: foster children.
   (1)  Existing law requires a local educational agency serving a
foster child to allow the foster child to continue his or her
education in the school of origin for the duration of the
jurisdiction of the court over the child. Existing law requires the
local educational agency to allow a foster child to continue in the
school of origin through the duration of the academic school year if
the jurisdiction of the court is terminated before the end of the
school year. Existing law requires the local educational agency to
allow a foster child to continue in the school district of origin in
the same attendance area if the child is transitioning between school
grade levels or to continue in the high school or middle school
designated for matriculation in another school district if the child
is transitioning to a middle or high school and the school designated
for matriculation is in another school district.
   This bill would impose a state-mandated local program by requiring
a local educational agency to allow a former foster child to
continue his or her education in the school of origin through the end
of the highest grade maintained at that school if the jurisdiction
of the court is terminated and applying to former foster children the
provisions described above relating to foster children transitioning
between school grade levels.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 48853.5 of the Education Code is amended to
read:
   48853.5.  (a) This section applies to a  foster child or a
former foster  child  . For purposes of this section,
"foster child" means a child  who has been removed from his or
her home pursuant to Section 309 of the Welfare and Institutions
Code, is the subject of a petition filed under Section 300 or 602 of
the Welfare and Institutions Code, or has been removed from his or
her home and is the subject of a petition filed under Section 300 or
602 of the Welfare and Institutions Code  (hereafter "foster
child")  .
   (b) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24  of Division 3
 , the educational liaison shall be affiliated with the local
foster children services program. The liaison shall do all of the
following:
   (1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
   (2) Assist foster children when transferring from one school to
another or from one school district to another in ensuring proper
transfer of credits, records, and grades.
   (c) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison is
advisory with respect to placement decisions and determination of
school of origin.
   (d) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
jurisdiction of the court.
   (2) If the jurisdiction of the court is terminated,  prior
to the end of an academic year  the  local educational
agency shall allow the former  foster child  shall be
allowed  to continue his or her education in the school of
origin through the  duration of the academic school year
  end of the highest grade maintained at that school
 .
   (3) To ensure that the foster child  or former foster child
 has the benefit of matriculating with his or her peers in
accordance with the established feeder patterns of school districts,
if the foster child  or former foster child  is
transitioning between school grade levels, the local educational
agency shall allow the foster child  or former foster child 
to continue in the school district of origin in the same attendance
area, or, if the foster child  or former foster child  is
transitioning to a middle school or high school, and the school
designated for matriculation is in another school district, to the
school designated for matriculation in that school district.
   (4) Paragraphs (2) and (3)  shall not be construed to
  do not  require a school district to provide
transportation services to allow a foster child  or former foster
child to attend a school or school district, unless otherwise
required under federal law,  nor shall this paragraph be
construed to   . This paragraph does not  prohibit
a school district from, at its discretion, providing transportation
services to allow a foster child  or former foster child  to
attend a school or school district.
   (5) The liaison, in consultation with and with the agreement of
the foster child and the person holding the right to make educational
decisions for the foster child, may  recommend  , in
accordance with the foster child's best interests,  recommend
 that the foster child's right to attend the school of
origin be waived and the foster child be enrolled in any public
school that pupils living in the attendance area in which the foster
child resides are eligible to attend.
   (6)  Prior to   Before  making any
recommendation to move a foster child from his or her school of
origin, the liaison shall provide the foster child and the person
holding the right to make educational decisions for the foster child
with a written explanation stating the basis for the recommendation
and how this recommendation serves the foster child's best interest.
   (7) (A) If the liaison in consultation with the foster child and
the person holding the right to make educational decisions for the
foster child agree that the best interests of the foster child would
best be served by his or her transfer to a school other than the
school of origin, the foster child shall immediately be enrolled in
the new school.
   (B) The new school shall immediately enroll the foster child even
if the foster child has outstanding fees, fines, textbooks, or other
items or moneys due to the school last attended or is unable to
produce clothing or records normally required for enrollment, such as
previous academic records, medical records, including, but not
limited to, records or other proof of immunization history pursuant
to Chapter 1 (commencing with Section 120325) of Part 2 of Division
105 of the Health and Safety Code, proof of residency, other
documentation, or school uniforms.
   (C)  The   Within   two business
days of the foster child's request for enrollment, the  liaison
for the new school shall  , within two business days of the
foster child's request for enrollment,  contact the school
last attended by the foster child to obtain all academic and other
records.  All   The last school attended by the
foster child shall provide all  required records  shall
be provided  to the new school regardless of any outstanding
fees, fines, textbooks, or other items or moneys owed to the school
last attended. The school liaison for the school last attended shall
provide all records to the new school within two business days of
receiving the request.
   (8) If a dispute arises regarding the request of a foster child
 or former foster child  to remain in the school of origin,
the foster child  or   former foster child  has the
right to remain in the school of origin pending resolution of the
dispute. The dispute shall be resolved in accordance with the
existing dispute resolution process available to any pupil served by
the local educational agency.
   (9) The local educational agency and the county placing agency are
encouraged to collaborate to ensure maximum utilization of available
federal moneys, explore public-private partnerships, and access any
other funding sources to promote the well-being of foster children
through educational stability.
   (10) It is the intent of the Legislature that this subdivision
shall not supersede or exceed other laws governing special education
services for eligible foster children.
   (e) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled. If the school the
foster child attended when permanently housed is different from the
school in which the foster child was last enrolled, or if there is
some other school that the foster child attended with which the
foster child is connected and that the foster child attended within
the immediately preceding 15 months, the liaison, in consultation
with and with the agreement of the foster child and the person
holding the right to make educational decisions for the foster child,
shall determine, in the best interests of the foster child, the
school that shall be deemed the school of origin.
   (f) This section does not supersede other law governing the
educational placements in juvenile court schools, as described in
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.