BILL ANALYSIS Ó
SB 1568
Page 1
Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
SB 1568 (De Saulnier) - As Amended: June 20, 2012
SENATE VOTE : 38-0
SUBJECT : Emancipated foster youth: education
SUMMARY : This measure would require a local educational agency
(LEA) to allow a former foster youth to remain enrolled in the
high school they attended at the time of their emancipation from
child welfare services (CWS) through graduation.
EXISTING LAW
1)Defines a "school of origin" as the school that the foster
child attended when permanently housed or the school in which
the foster child was last enrolled.
2)Requires LEAs, at the initial detention or placement, or any
subsequent change in placement, to allow a foster child to
continue his or her education at their school of origin for
the duration of the court's jurisdiction.
3)Requires LEAs to allow a former foster youth to continue to be
enrolled at their school of origin through the duration of the
academic year in which they were emancipated.
4)Requires LEAs to designate a staff person to act as an
educational liaison for foster youth to assist with their
needs, as specified.
5)Provides the educational liaison in agreement with the foster
child and the foster child's educational rights holder the
ability to recommend that the foster child's right to attend
the school of origin be waived and enrolled in another school,
as specified.
6)Provides that a LEA is not required to nor is prohibited from
providing transportation services to allow foster youth to
attend a school or school district.
7)Allows the foster youth to remain enrolled in their school of
SB 1568
Page 2
origin pending the resolution of any disputes over their
recommended school enrollment.
8)Requires LEAs to allow foster child transitioning between
school grade levels to continue in the school district of
origin in the same attendance area.
9)Requires LEAs to allow foster youth to transition to a middle
school or high school in accordance with that school of
origin's feeder patterns, including if the designated school
is for matriculation to another school district.
FISCAL EFFECT : Unknown
COMMENTS :
Background
The intent of this measure is to help reduce the number of times
a foster youth will change schools by providing additional
educational stability when a youth exits the foster care system.
Numerous studies and research have demonstrated that children in
foster care face some of the most daunting challenges to their
educational success. This can be traced to not only due to the
reasons they were placed in foster care, but for the
circumstances they experience while in foster care. In a study
released by the Institute for Higher Education Policy, the
average stay in foster care is 18 months long, where a foster
youth will experience on average three different placements.
Additionally, in many cases the only common experience a foster
youth will have is the consistency and lasting adult and social
relationships they create at school. Although California has
established a child welfare system to provide for a stable home
and school environment for foster youth, too often foster youth
have to change homes and schools, which can cause significant
disruption in their support structure, educational attainment
and social life.
Recent state and federal efforts have been undertaken to
recognize and emphasize the importance of educational stability
for foster youth in the child welfare system. Several provisions
of the federal Fostering Connections Act of 2008 promote
educational stability and require state child welfare agencies
SB 1568
Page 3
to coordinate with schools to ensure a child does not change
schools when entering foster care or when a change in placement
occurs, unless remaining in the original school is not in the
child's best interest.
In an effort to reduce the disruption of changing schools, AB
490 (Steinberg), Chapter 862, Statutes of 2003, and AB 1933
(Brownley), Chapter 563, Statutes of 2010, allow foster youth to
remain in their original school and school feeder pattern as
long as it is in their best interest to do so. If it is in the
child's best interest to change schools, current Education Code
requires foster children be immediately enrolled in their new
school and helps provide for the transfer of their educational
records.
Permanency and need for the bill:
It is the goal of the state, through its child welfare system,
to protect children from abuse and neglect, and to reduce the
necessity for removing children from their home. This includes
encouraging the speedy reunification of families when it can be
safely accomplished, locating permanent homes and families for
children who cannot return to their biological families and to
foster the educational success of foster youth.
Current law provides a number of requirements to help provide
children in foster care greater educational stability. However,
there are limited provisions that help to provide for the
educational stability of former foster youth after they exit the
child welfare system. Former foster who exit the child welfare
system have the ability to continue at their school of origin
for the remainder of the year in which they emancipated.
However, at the end of that school year, the former foster
youth's would have to transfer to the school that serves the
attendance area in which their parent or guardian lives.
Recognizing the demonstrated educational impact a single change
in educational achievement has on a foster youth, requiring a
recently emancipated foster youth to move schools again, at a
time when reunification or permanency has just been achieved
would create yet another barrier to maintaining greater
educational stability.
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
SB 1568
Page 4
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 crucial support network, and threatening his or
her ability to graduate on time."
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Committee on Education.
REGISTERED SUPPORT / OPPOSITION :
Support
Advancement Project
Alliance for Children's Rights
Aspiranet
Association of California School Administrators (ACSA)
California Alliance of Child and Family Services
California State PTA
California Youth Connection
Children's Advocacy Institute (CAI)
Court Appointed Special Advocates of Contra costa County (CASA)
Junior League of San Diego
Los Angeles Unified School District
National Association of Social Workers, California Chapter
(NASW-CA)
Public Counsel
Opposition
None on file
SB 1568
Page 5
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089