BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-2012 Regular Session BILL NO: SB 1568 AUTHOR: DeSaulnier INTRODUCED: February 24, 2012 FISCAL COMM: Yes HEARING DATE: April 18, 2012 URGENCY: No CONSULTANT: Lynn Lorber SUBJECT : Foster youth: school of origin. SUMMARY This bill extends the duration of time that a pupil who was in foster care may remain in his or her school of origin after exiting the foster care system from the duration of the academic year to the end of the highest grade maintained at that school. BACKGROUND Current law requires: 1) Local education agencies to allow a foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court after changing residential placement. (Education Code § 48853.5(d)(1)) 2) If the jurisdiction of the court is terminated prior to the end of an academic year, the foster youth must be allowed to continue in the school of origin through the duration of the school year. If the foster youth is transitioning between grade levels, including transitions to middle or high school and even if the school designated for matriculation is in another school district, the school district must allow the foster youth to matriculate with his or her peers. (EC § 48853.5(d)(2) & (3)) 3) A foster child to have the right to remain in the school of origin pending the resolution of any dispute regarding the request of a foster child to remain in that school. (EC § 48853.5) SB 1568 Page 2 4) Requires each person between the ages of 6 and 18 to attend the public school, for the full schoolday, of the school district in which the residency of either the parent or legal guardian is located. (EC § 48200) Current law further: 1) Provides that school districts are not required to provide transportation to allow a foster child to attend a school, nor are school districts prohibited from, at its discretion, providing transportation to allow a foster child to attend a school. (EC § 48853.5(d)(4)) 2) Authorizes the local education agency liaison for foster children, with the agreement of the foster child and the person holding education rights, to recommend that the child's right to attend his or her school of origin be waived and the foster child be enrolled in any public school having an attendance area in which the foster child resides. Under this scenario, and prior to making any recommendation to move a foster child from his or her school of origin, the liaison must provide the foster child and person holding education rights with a written explanation stating the basis for the recommendation and how this recommendation serves the foster child's best interest. (EC § 48853.5) 3) Defines "school of origin" as the school the foster child attended when he or she was permanently housed or the last school in which the foster child was enrolled. (EC § 48853.5) ANALYSIS This bill extends the duration of time that a pupil who was in foster care may remain in his or her school of origin after exiting the foster care system from the duration of the academic year to the end of the highest grade maintained at that school. Specifically, this bill: 1) Requires a local educational agency to allow, if the jurisdiction of the court is terminated, 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. SB 1568 Page 3 2) Adds former foster youth to the existing: a) Requirement that local educational agencies allow foster youth to matriculate between grade levels with their peers, including transitions to middle or high school, even if the school designated for matriculation is in another school district. b) Provisions that school districts are not required to provide transportation to allow foster youth to attend a school, nor are school districts prohibited from, at its discretion, providing transportation. c) Right of foster youth to remain in his or her school of origin pending resolution of a dispute regarding the request to remain in the school of origin. STAFF COMMENTS 1) Need for the bill . According to the author, "Current law allows foster youth to remain in his or her school and district of origin while under the jurisdiction of the court. When the youth's case is dismissed and the jurisdiction of the court lifts, the now former foster youth may only remain in their current school for the remainder of the school year, after which they will be transferred to a school in their legal guardian's district. While seemingly appropriate, this provision has created challenges for youth who re-enter the foster care system. According to the Child Welfare Dynamic Report System, 11.8% of reunited foster youth return to foster care within one year. In addition, current law creates problems for foster youth who reunify with their families late in their school career. As the reunification process can take upwards of four years, these youth will likely have forged the powerful support network of friends, teachers, coaches and other adult advocates critical to scholastic success. If the biological parent which whom the youth is reunited lives outside the school district, the now former foster youth will be forced to change high schools, shattering that SB 1568 Page 4 crucial support network, and threatening his or her ability to graduate on time." 2) Permanency . A goal of the foster care system is to reunite children with their families or provide another permanent placement. Once foster youth are either reunited or enter a permanent placement and the jurisdiction of the court is terminated, such as guardianship or adoption, those children generally attend a school located within the attendance area of the residence of their parent or guardian. Current law requires schools to allow a youth who exits the foster care system to remain in his or her school of origin through the duration of the school year. Should former foster youth be allowed to matriculate with their peers throughout their K-12 career, or should youth change schools once they are in a permanent placement in order to acclimate to that setting and peer group? This bill requires school districts to allow a former foster youth to remain in his or her school of origin; it does not require a pupil to remain in the school of origin. The decision about the most appropriate school placement in those situations is ultimately up to the pupil's parent or other person who holds the right to make educational decisions for that pupil. 3) Practical effect . This bill requires school districts to allow a former foster youth to remain in his or her school of origin through the end of the highest grade maintained at that school. This bill also extends to former foster youth the requirement that foster youth be allowed to matriculate with their peers, including transitions to middle or high school. Therefore, this bill would allow a former foster youth to remain in schools in the original feeder pattern from elementary school through high school. This gives former foster youth the same opportunity to attend their school of origin (and schools in the feeder pattern) as is given to foster youth who remain in the foster care system through high school graduation. 4) Fiscal impact . This bill would create unknown costs to school districts. However, the Assembly Appropriations Committee staff estimated costs as minor and absorbable SB 1568 Page 5 (General Fund, Proposition 98) for prior legislation, which extended the right to remain in the school of origin from the remainder of the school year to the duration of the jurisdiction of the court. 5) Prior legislation . AB 1067 (Brownley, 2009) would have required local education agencies to provide the transportation necessary to allow foster children to remain in the school in which they were enrolled at the time of foster care placement. AB 1067 was held on the Assembly Appropriations Committee's suspense file. SUPPORT Association of California School Administrators California Alliance of Child and Family Services California State PTA California Youth Connection Children's Advocacy Institute Court Appointed Special Advocates of Contra Costa County Junior Leagues of California State Public Affairs Committee National Association of Social Workers, California Chapter Public Counsel San Francisco Unified School District OPPOSITION None on file.