BILL NUMBER: SB 1568 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2012
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 amended, 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 who
is in high school to continue his or her education in the
school of origin through the end of the highest grade
maintained at that school graduation 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 .
The bill would also make various clarifying and
nonsubstantive changes.
(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
. A "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 educational 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 legal 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 a former foster child
shall be allowed who is in high school to
continue his or her education in the school of origin through
the duration of the academic school year
graduation .
(3) To ensure that the 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
is transitioning between school grade levels, the local educational
agency shall allow the foster child to continue in the school
district of origin in the same attendance area, or, if the 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 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 to attend a school or school district.
(5) The educational 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 a recommendation to move a foster child from
his or her school of origin, the educational 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 the recommendation serves the foster child'
s best interest.
(7) (A) If the educational 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 educational 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
educational 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 to
remain in the school of origin, the 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 educational
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.
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.
(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, the local
educational agency shall allow the 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.
(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) 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,. 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, 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) 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) Within two business days of the foster child's request for
enrollment, the liaison for the new school shall contact the school
last attended by the foster child to obtain all academic and other
records. The last school attended by the foster child shall provide
all required records 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.