BILL ANALYSIS Ó
SB 1568
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Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1568 (DeSaulnier) - As Amended: July 3, 2012
Policy Committee: Education Vote:9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires a local education agency (LEA), to allow a
former foster child still in high school to continue his or her
education in the school of origin through graduation, if the
jurisdiction of the court is terminated while a foster child is
in high school.
FISCAL EFFECT
No increased GF/98 costs to the state to implement this measure.
The state allocates GF/98 per pupil, revenue limit funding
(general purpose) to school districts. If a former foster child
enrolled in high school chooses to remain in his or her school
of origin, the state will continue to provide revenue limit
funding to this district. Subsequently, if the child chooses to
attend school in a different district, the state will provide
revenue limit funding to that district for the child.
COMMENTS
1)Purpose . As of October 2011, there were 60,204 foster
children in California. Of these children, approximately
37,018 (61%) are between five and 18. Several research studies
have documented the impacts school mobility has on the
educational success of foster children. According to the
National Conference of State Legislators (NCSL) policy brief
entitled: Educating Children in State Foster Care (March
2008), "An estimated two-thirds to three-quarters of children
and youth who enter the foster care system must change
schools. One study found that almost 65% of children entering
foster care had to transfer to a new school in the middle of
the school year."
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The NCSL report further states: "School mobility has been
shown to have a significant negative effect on children's
academic progress and opportunities for educational success.
Studies have found a relationship between frequent school
changes and an increased risk of failing a grade in school or
performing poorly on standardized tests. One study found that
children and youth in foster care who attended public schools
scored 16 to 20 percentile points below youth who were not in
foster care on statewide standardized tests at grades three,
six and nine."
According to the author, "SB 1568 will help to stabilize the
educations of former foster youth who re-enter the foster care
system after failed reunification. According to a UC Berkeley
study, 11.8% of reunited foster youths return to foster care
within one year. Under current law, it is conceivable that a
foster youth will have to change schools three times during
this process: once when first entering the foster care system,
once again when reunified with their biological parents, and
then a third time when the youth re-enters the system. As
acting parents for foster youth, California should do
everything it can to ensure that this venerable population has
access to a stable and consistent school career."
2)Existing law requires a foster child to be allowed to continue
his/her education in the school of origin through the duration
of the academic school year, if the jurisdiction of the court
is terminated prior to the end of an academic year.
3)AB 1573 (Brownley), Chapter 93, Statutes of 2012 , clarifies
that a student who is a foster child who remains in his/her
school of origin, as determined and defined pursuant to
existing law, has met the residency requirements for
attendance purposes.
4)Opposition . The Coalition for Adequate Funding for Special
Education (The Coalition) is opposed to this measure because
it imposes an unfunded mandate. According to the Coalition,
"The bill purports to make transportation optional - but that
is not the case for our students with disabilities who have
the right to a free and appropriate public education,
including related services such as transportation at a cost to
the school agency. This bill expands the provisions of AB
1933 (D - Brownley), Chapter 563/2010, which requires a school
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agency to allow a child in foster care to remain in his or her
school of origin for the duration of the court's jurisdiction
and through the end of the school year. AB 1568 would expand
this provision by allowing a student to stay at the school
agency for the remainder of the student's educational career,
thereby expanding the mandate on schools without commensurate
funding."
With regard to the transportation issue, AB 1933 (Brownley)
states the requirement to allow a foster child to remain in
his or her school of origin: "shall not be construed to
require a school district to provide transportation services
to allow a child to attend a school or school district, unless
otherwise required under federal law ..." Under federal law,
if any child with disabilities (regardless if he or she is in
the foster care system) has an individual education plan that
states he or she requires transportation to school, a school
district must meet this requirement. AB 1598 does not change
this federal requirement.
5)AB 490 (Steinberg), Chapter 862, Statutes of 2003 , instituted
a number of reforms designed to promote school stability and
ensure that pupils residing in foster care have a meaningful
opportunity to meet the academic achievement standards to
which all students are held. For example, this measure
established that a student has the right to remain in his or
her school of origin, pending the resolution of a dispute over
placement. It also required each county office of education to
appoint a staff person to act as education liaison for foster
youth.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081