BILL ANALYSIS Ó SB 1568 Page 1 SENATE THIRD READING SB 1568 (DeSaulnier) As Amended July 3, 2012 Majority vote SENATE VOTE :38-0 HUMAN SERVICES 6-0 EDUCATION 9-0 ----------------------------------------------------------------- |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. SB 1568 Page 2 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 : SB 1568 Page 3 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. SB 1568 Page 4 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 SB 1568 Page 5 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 FN: 0004768