BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1568
Author: DeSaulnier (D)
Amended: 8/30/12
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/18/12
AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price,
Simitian, Vargas
NO VOTE RECORDED: Runner, Blakeslee, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 38-0, 5/31/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Runner, Strickland
ASSEMBLY FLOOR : Not available
SUBJECT : Pupils: foster children
SOURCE : Author
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DIGEST : This bill 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, and exempts a school district from having
to provide transportation to a former foster youth with an
individual education program (IEP), unless the former
foster youth's IEP team specifies that transportation is a
necessary related service.
Assembly Amendments add double-jointing language with AB
1909 (Ammiano) to avoid chaptering conflicts, and make
technical changes.
ANALYSIS : Existing law:
1.Requires local education agencies to allow a foster child
to continue his or her education in the school of origin
for the duration of the jurisdiction of the court after
changing residential placement.
2.Requires that if the jurisdiction of the court is
terminated prior to the end of an academic year, the
foster youth must be allowed to continue in the school of
origin through the duration of the school year. If the
foster youth is transitioning between grade levels,
including transitions to middle or high school and even
if the school designated for matriculation is in another
school district, the school district must allow the
foster youth to matriculate with his or her peers.
3.Requires that a foster child to have the right to remain
in the school of origin pending the resolution of any
dispute regarding the request of a foster child to remain
in that school.
4.Requires each person between the ages of 6 and 18 to
attend the public school, for the full schoolday, of the
school district in which the residency of either the
parent or legal guardian is located.
5.Provides that school districts are not required to
provide transportation to allow a foster child to attend
a school, nor are school districts prohibited from, at
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its discretion, providing transportation to allow a
foster child to attend a school.
6.Authorizes the local education agency liaison for foster
children, with the agreement of the foster child and the
person holding education rights, to recommend that the
child's right to attend his or her school of origin be
waived and the foster child be enrolled in any public
school having an attendance area in which the foster
child resides. Under this scenario, and prior to making
any recommendation to move a foster child from his or her
school of origin, the liaison must provide the foster
child and person holding education rights with a written
explanation stating the basis for the recommendation and
how this recommendation serves the foster child's best
interest.
7.Defines "school of origin" as the school the foster child
attended when he or she was permanently housed or the
last school in which the foster child was enrolled.
This bill requires an 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, and exempts a school
district from having to provide transportation to a former
foster youth with an IEP, unless the former foster youth's
IEP team specifies that transportation is a necessary
related service.
This bill also adds double jointing language with AB 1909
(Ammiano) to avoid chaptering out conflicts.
Comments
This bill requires school districts to allow a former
foster youth to remain in his or her school of origin
through the end of the highest grade maintained at that
school. This bill also extends to former foster youth the
requirement that foster youth be allowed to matriculate
with their peers, including transitions to middle or high
school. Therefore, this bill would allow a former foster
youth to remain in schools in the original feeder pattern
from elementary school through high school. This gives
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former foster youth the same opportunity to attend their
school of origin (and schools in the feeder pattern) as is
given to foster youth who remain in the foster care system
through high school graduation.
Prior Legislation
AB 1067 (Brownley, 2009) would have required local
education agencies to provide the transportation necessary
to allow foster children to remain in the school in which
they were enrolled at the time of foster care placement.
The bill was held on the Assembly Appropriations
Committee's suspense file.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, no
increased General Fund/Proposition 98 (GF)/(98) costs to
the state to implement this bill. 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.
SUPPORT : (Verified 8/30/12)
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 of Contra Costa County
Junior Leagues of California State Public Affairs Committee
National Association of Social Workers, California Chapter
Public Counsel
San Francisco Unified School District
ARGUMENTS IN SUPPORT : According to the author, "Current
law allows foster youth to remain in his or her school and
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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 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."
PQ:n 8/30/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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