BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 1568
Author: DeSaulnier (D)
Amended: 5/29/12
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/18/12
AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price,
Simitian, Vargas
NO VOTE RECORDED: Runner, Blakeslee, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Pupils: foster children
SOURCE : Author
DIGEST : This bill allows, if the jurisdiction of the
court is terminated, the local educational agency of a
former foster child who is in high school to continue his
or her education in the school or origin through
graduation.
ANALYSIS : Existing law:
1.Requires 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.
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2.Requires that 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.
3.Requires that 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.
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.
5.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.
6.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.
7.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.
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This bill:
1.Allows, if the jurisdiction of the court is terminated,
the local educational agency of a former foster child who
is in high school to continue his or her education in the
school or origin through graduation.
2.Requires that LEAs allow former foster youth (as is
required for 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. This bill
provides that LEAs are not required to provide
transportation to allow foster youth to attend a school.
Comments
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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee:
Potentially significant reimbursable state mandate for
local education agencies to train staff on implementing
the bill's provisions, including identifying eligible
students, verifying pupils' statuses, and communicating
the information to other local education agencies, to the
extent a pupil exercises his or her new right to
matriculate to a new school with his or her peers.
Potentially significant cost pressure to provide school
transportation.
SUPPORT : (Verified 5/29/12)
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
ARGUMENTS IN SUPPORT : 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
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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 crucial support network, and threatening his or her
ability to graduate on time."
PQ:nl 5/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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