BILL ANALYSIS Ó
SB 1568
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Date of Hearing: June 27, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 1568 (DeSaulnier) - As Amended: June 20, 2012
ÝThis bill was double referred to and heard by the Assembly
Human Services Committee as it relates to the issues under its
jurisdiction.]
SENATE VOTE : 38-0
SUBJECT : Pupils: foster children: educational placement.
SUMMARY : Requires local educational agencies (LEAs) to allow a
former foster child who is in high school to continue his or her
education in the school of origin through graduation; and,
specifies that a school district is not required to provide, nor
prohibited from providing, transportation to allow a former
foster child to attend his or her school of origin.
EXISTING LAW :
1)Specifies that at the initial detention or placement, or any
other change in placement of a foster child, the LEA 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. (Education Code (EC) 48853.5)
2)Specifies that if the jurisdiction of the court is terminated
prior to the end of an academic year that the foster child
shall be allowed to continue his or her education in the
school of origin through the duration of the academic school
year. (EC 48853.5)
3)Provides that if the foster child is transitioning between
school grade levels, the LEA shall allow the foster child to
continue in the school district of origin in accordance with
the established feeder patterns of the school district. (EC
48853.5)
4)Provides that a school district is not required to provide
transportation to allow a foster child to attend a school, nor
is a school district prohibited from, at its discretion,
providing transportation to allow a foster child to attend a
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school. (EC 48853.5)
5)Defines "school of origin" as the school the foster child
attended when he or she was permanently housed or the last
school the foster child was enrolled in. (EC 48853.5)
FISCAL EFFECT : The Senate Appropriations Committee estimates a
potentially significant reimbursable state mandate for LEAs to
train staff on how to implement the bill's provisions, including
identifying eligible students, verifying pupils' statuses, and
communicating the information to other LEAs.
COMMENTS : According to the author, "SB 1568 will help to
protect the educational careers of former foster youths. Per
section 48853.5 of the EC, a foster youth is able 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."
This bill requires LEAs to allow former foster youth who have
exited the foster care system while in high school to remain in
their school of origin until their graduation from high school.
It does not require that the former foster youth remains in his
or her school of origin, but rather provides the option. It also
permits, but does not require, school districts to provide
transportation for a former foster youth remaining in his or her
school of origin.
Importance of school stability : Recent research has focused on
the importance of school stability. Studies show that increased
school mobility, or the frequent transferring in and out of
different schools, leads to many adverse effects on academic
achievement and educational attainment. A 2009 report by the
University of Minnesota found that "school mobility can
contribute to low school performance and related difficulties
because it introduces discontinuities in learning environments
that alter or weaken instruction, school and peer ecologies."<1>
When a student transfers schools, it takes time for enrollment
paperwork to be processed, records to be transferred and new
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<1> Reynolds, A.J., Chen, C.C., and Herbers, J.E. (2009). School
mobility and educational success: A research synthesis and
evidence on prevention. University of Minnesota.
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relationships to be developed. Research indicates that each
school change results in a loss of between four and six months
of educational attainment for the student.<2> According to the
Jim Casey Youth Opportunities Initiative, school stability is
critical - without it, "young people struggle to build the
supportive networks needed for healthy development and
successful transitions."<3>
Limited to high school : Many reports highlight the importance
of strong and consistent relationships in the life of a high
school student. This bill would only require LEAs to allow a
former foster youth to attend his or her school of origin if the
foster child is reunified or placed in another permanent
placement while in high school. The school district is then
required to allow them to attend through graduation. This bill
would make it easier for a former foster youth to be able to
maintain the strong relationships that have been developed
within his or her school site if it is determined to be in his
or her best interest to remain at the school of origin.
Existing protections for foster children : Over the past decade,
a consistent legislative effort to promote school stability for
foster children has resulted in stronger supports for
California's foster children. Current law allows all foster
children to remain in their school of origin or school district
of origin regardless of where they may be moved or placed while
under the jurisdiction of the court. When a foster child is
under the jurisdiction of the court, the state essentially
assumes the role of the guardian for that child and, as such,
has a vested interest in ensuring that the best interests of
that child are met. Because of this large responsibility,
numerous protections for foster children have been enacted and
are reflected in current law.
Existing protections for former foster youth : Existing law also
provides some protections to support school stability for former
foster youth, but with time limitations. In the event that the
jurisdiction of the court is terminated prior to the end of a
school year, LEAs are required to allow the former foster youth
---------------------------
<2> Dr. Joy Rogers of the Loyola University Department of
Education, Education Report of Rule 706 Expert Panel presented
in B.H. v. Johnson, 715 F. Supp.1387 (N.D. Ill. 1989), 1991.
<3> Jim Casey Youth Opportunities Initiative - Issue Definition.
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to remain in his or her school of origin for the remainder of
the school year. Unlike foster children, this protection does
not currently extend any longer than that academic year. Also
unlike foster children, however, for former foster youth, the
state has essentially withdrawn its role as the guardian for
that child and assumes a far more limited role in that child's
life. The protections supporting school stability for former
foster youth, therefore, are far more limited than those in
place for foster youth themselves. This bill seeks to increase
the protections supporting school stability provided to former
foster youth.
Permanency : The difference between the protections in place to
support school stability for foster youth and former foster
youth raises an important point about permanency. A goal of the
foster care system is to reunite children with their families
and to help provide a safe permanent placement. Once a foster
youth is either reunited or enters a permanent placement, such
as adoption or a guardianship, the jurisdiction of the court is
terminated and the child typically attends a school located
within the attendance area of the residence of their parent or
guardian. The additional option provided to former foster youth
in this bill presents a question about whether the child is
better off attending a school located in the community of their
permanent placement in order to acclimate to that setting and
peer group or remaining in his or her school of origin.
Supporters of this bill would argue that with 11.8% of foster
youth returning to the foster care system within one year of the
termination of the court's jurisdiction, there are children who
would benefit from the additional protection of remaining in
their school of origin. For some foster youth, the process of
reunification or permanent placement through adoption or
guardianship may create greater instability than stability. As a
result, maintaining the option to remain in the school of origin
for these youth would likely have a positive impact for some
former foster youth.
Parent or guardian makes the decision : This bill requires LEAs
to allow an individual who becomes a former foster child while
in high school to remain in his or her school of origin until
graduation from high school. It does not specify, however, who
makes the decision as to which school a former foster child
should attend. Once the jurisdiction of the court is terminated
and the foster child is reunified with his or her parent or is
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adopted into a guardianship, the responsibility to determine
what is in the best interests of the former foster child is left
up to the parent or guardian. Thus, it is assumed that the
decision of school placement would also be ultimately left up to
the parent or guardian. If remaining in school of origin appears
to be in the best interest of the former foster child, this bill
would require LEAs to allow this to occur. Should the decision
be made for the former foster youth to remain in his or her
school of origin, however, under this bill the school district
of origin would not be required to provide transportation for
that student unless otherwise required by federal law.
Technical changes : Technically, this bill separates one
subdivision of existing law that allows all foster children who
have exited the foster care system during the school year to
remain in their school of origin for the remainder of the year
into two subdivisions. The first focuses on when the
jurisdiction of the court terminates during the school year
while foster children are in grades K-8. The second focuses on
foster children attending high school. While the first
subdivision is clear as to when the school of origin protection
triggers (i.e. if the court's jurisdiction terminates in the
middle of the school year), the second subdivision is much less
clear. Staff recommends a technical change to help clarify the
language of the bill so that the requirement for a district to
allow a former foster youth to remain in his or her school of
origin applies when the jurisdiction of the court terminates
while the pupil is in high school.
Arguments in support : The National Association of Social
Workers writes, "This bill is extremely important as it allows
children that were in foster care to continue in the school of
origin. Stability for all children is important, but it is vital
for the continual healthy development of foster children or
ex-foster children."
Public Counsel adds that SB 1568 recognizes "that foster youth
carry the burden of dependency status long after their case is
officially 'closed.' If passed, SB 1568 will ensure that current
and former foster youth may move from grade to grade with their
cohort and ultimately matriculate with their peers, something so
basic but absolutely critical to a child's sense of identity and
belonging."
Related legislation : AB 1573 (Brownley), specifies that a pupil
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who is a foster child who remains in his or her school of origin
complies with the residency requirements for school attendance
in that school district. AB 1573 is pending in the Senate
Appropriations Committee and is set to be heard on June 25,
2012.
Prior legislation : AB 1933 (Brownley), Chapter 563, Statutes of
2010, requires an LEA to allow a child in foster care to remain
in his or her school of origin for the duration of the court's
jurisdiction.
SB 1353 (Wright), Chapter 557, Statutes of 2010, requires
consideration of educational stability as a part of the best
interests for foster youth and provides that a foster youth's
health and education summary also include the number of school
transfers the child has experienced.
AB 490 (Steinberg), Chapter 862, Statutes of 2003, expands and
stipulates authority for school records of foster, homeless, and
incarcerated youth; and, creates new duties and rights related
to the education of dependents and wards in foster care.
Specifically, it requires local educational agencies to allow a
child in foster care to remain in their school of origin for the
duration of the school year.
REGISTERED SUPPORT / OPPOSITION :
Support
Aspiranet
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 - Contra Costa County
Junior Leagues of California
National Association of Social Workers - California Chapter
Public Counsel
The Alliance for Children's Rights
Opposition
None on file.
Analysis Prepared by : Mark Murphy and Marisol Aviña / ED. /
(916) 319-2087
SB 1568
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