BILL NUMBER: SB 1568 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 24, 2012
AMENDED IN ASSEMBLY JULY 3, 2012
AMENDED IN ASSEMBLY JUNE 20, 2012
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:
educational placement.
(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.
This bill would impose a state-mandated local program by also
requiring a local educational agency to allow a former foster child
to continue his or her education in the school of origin through
graduation if the jurisdiction of the court is terminated while the
foster child is in high school. The bill would provide that a
school district is not required to provide transportation to a former
foster child who has an individualized education program that does
not require transportation as a related service and who changes
residence but remains in his or her school of origin, unless the
individualized education program team determines that transportation
is a necessary related service. The bill also would make
conforming, clarifying, and nonsubstantive changes.
The bill would incorporate additional changes in Section 48853.5
of the Education Code, proposed by AB 1909, to be operative only if
AB 1909 and this bill are both chaptered and become effective January
1, 2013, and this bill is chaptered last.
(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 "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 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 before the end
of an academic year, the local educational agency shall allow a
former foster child who is in kindergarten or any of grades 1 to 8,
inclusive, to continue his or her education in the school of origin
through the duration of the academic school year.
(3) (A) If the jurisdiction of the court is
terminated while a foster child is in high school, the local
educational agency shall allow the former foster child to continue
his or her education in the school of origin through graduation.
(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related service.
(4) 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.
(5) Paragraphs (2), (3), and (4) 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. 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.
(6) 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, 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.
(7) Before making 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 the recommendation serves the
foster child's best interest.
(8) (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) Within two business days of the foster child's request for
enrollment, the educational 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 educational liaison for the school last
attended shall provide all records to the new school within two
business days of receiving the request.
(9) 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.
(10) 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.
(11) 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. 1.5. Section 48853.5 of the
Education Code is amended to read:
48853.5. (a) This section applies to a foster child. "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 school or from one school district to another
school district in ensuring proper transfer of credits,
records, and grades.
(c) If so designated by the superintendent of the local
educational agency, the educational liaison shall notify a foster
child's attorney and the appropriate representative of the county
child welfare agency of pending expulsion proceedings if the decision
to recommend expulsion is a discretionary act, pending proceedings
to extend a suspension until an expulsion decision is rendered, and,
if the foster child is an individual with exceptional needs, pending
manifestation determinations pursuant to Section 1415(k) of Title 20
of the United States Code if the local educational agency has
proposed a change in placement due to an act for which the decision
to recommend expulsion is at the discretion of the principal or the
district superintendent of schools.
(c)
(d) 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)
(e) (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 before the end of an academic year,
the foster child shall be allowed the local
educational agency shall allow a former foster child who is in
kindergarten or any of grades 1 to 8, inclusive, to continue
his or her education in the school of origin through the duration of
the academic school year.
(3) (A) If the jurisdiction of the court is terminated while a
foster child is in high school, the local educational agency shall
allow the former foster child to continue his or her education in the
school of origin through graduation.
(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related service.
(3)
(4) 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)
(5) Paragraphs (2) and (3) shall not be
construed to (2), (3), and (4) 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)
(6) 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 a
public school that pupils living in the attendance area in which the
foster child resides are eligible to attend.
(6)
(7) 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)
(8) (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 , agrees 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 liaison for the new school shall, within
Within two business days of the foster child's
request for enrollment, the educational liaison for the new
school shall contact the school last attended by the foster
child to obtain all academic and other records. All required
records shall be provided 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 educational liaison for the
school last attended shall provide all records to the new school
within two business days of receiving the request.
(8)
(9) 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
a pupil served by the local educational agency.
(9)
(10) The local educational agency and the county
placing agency are encouraged to collaborate to ensure maximum
utilization use 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)
(11) 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)
(f) 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)
(g) 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.
SEC. 3.
Section 1.5 of this bill incorporates amendments to Section
48853.5 of the Education Code proposed by both this bill and Assembly
Bill 1909. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2013, (2) each
bill amends Section 48853.5 of the Education Code, and (3) this bill
is enacted after Assembly Bill 1909, in which case Section 1 of this
bill shall not become operative.