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)
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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.
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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
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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
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(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.