BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1568
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          SENATE THIRD READING
          SB 1568 (DeSaulnier)
          As Amended  July 3, 2012
          Majority vote 

           SENATE VOTE  :38-0  
           
           HUMAN SERVICES      6-0         EDUCATION           9-0         
           
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          |Ayes:|Beall, Jones, Ammiano,    |Ayes:|Brownley, Norby, Ammiano, |
          |     |Grove, Hall, Portantino   |     |Buchanan, Butler, Carter, |
          |     |                          |     |Eng, Halderman, Williams  |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      17-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Harkey,          |     |                          |
          |     |Blumenfield, Bradford,    |     |                          |
          |     |Charles Calderon, Campos, |     |                          |
          |     |Davis, Donnelly, Gatto,   |     |                          |
          |     |Hall, Hill, Lara,         |     |                          |
          |     |Mitchell, Nielsen, Norby, |     |                          |
          |     |Solorio, Wagner           |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY :  Requires a local educational agency (LEA) to allow a 
          former foster youth to remain enrolled in their school of origin 
          through graduation if the jurisdiction of the court is 
          terminated while the youth is in high school.   

           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.








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          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 an LEA is not required to, and is not 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 
            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  :  According to the Assembly Appropriations 
          Committee, no increased General Fund/Proposition 98 (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  :  








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           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 not only 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 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. 









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           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 with 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 children 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 youths 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 
          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 








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          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."


           Analysis Prepared by  :    Chris Reefe / HUM. S. / (916) 319-2089 


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