BILL ANALYSIS Ó
AB 224
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Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 224
(Jones-Sawyer) - As Introduced February 3, 2015
SUBJECT: Pupils: educational liaison for foster children
SUMMARY: This bill requires the creation of a standardized
notice of the educational rights of students in foster care, and
requires the posting and dissemination of that notice.
Specifically, this bill:
1)Requires the California Department of Education (CDE), in
collaboration with the Foster Youth Education Task Force, to
develop a standardized notice of existing educational rights
of foster children, including the rights of a student in
foster care to:
a) Remain in his or her school of origin when a new
placement occurs, and while the resolution of a dispute
regarding educational placement is pending
b) Attend a regular public school when residing in a
licensed children's institution, except under specified
circumstances
c) Be promptly transferred between schools and have
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educational records transferred within two business days
d) Receive full or partial credit for coursework
satisfactorily completed at another school, even if he or
she hasn't completed the entire course
e) Not be required to retake some or all of a course he or
she has taken at another school
f) Be exempt from local graduation requirements which
exceed state requirements
g) Not have grades and credits be lowered as a result of a
placement change or court appearance
h) Be educated in the least restrictive environment and
have equal access to academic resources, services, and
extracurricular activities, including interscholastic
athletics
i) Be immediately enrolled in a new school, even if he or
she has outstanding fees, fines, textbooks, or money due to
the prior school, or is unable to produce clothing or
records required for enrollment
j) Be deemed to have met residency requirements for the
purpose of participation in interscholastic sports and
other extracurricular activities
aa) Have a meeting with specified personnel present when a
local educational agency (LEA) proposes a change of
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placement due to an act for which the LEA has discretion
over expulsion
bb) Have county placing agencies obtain his or her school
records
1)Requires the Department to post the notice on its website and
make copies of the notice available to educational liaisons
for foster children for dissemination.
2)Requires the education liaisons for foster children to ensure
that public notice of the educational rights of foster
children is disseminated or posted in a public area at schools
where pupils that are foster children are in attendance.
3)Requires the education liaison for foster children to provide
notice of the educational rights of foster children to the
foster child and to the parent, guardian, or educational
rights holder for the foster child whenever a foster child
seeks enrollment in a school.
EXISTING LAW:
1)Establishes a number of rights for students in foster care.
Among them are rights to immediate enrollment, rights to have
educational records transferred in a timely manner, rights to
remain in students' schools of origin, rights to exemptions
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from locally adopted graduation requirements in excess of
state requirements, and the right to have partial credit
awarded for coursework.
2)Requires all LEAs to designate a staff person as the
educational liaison for foster children, and requires that
person to ensure and facilitate the proper educational
placement, enrollment in school, and checkout from school of
foster children, and to ensure proper transfer of credits,
records, and grades when students change schools or school
districts.
3)Requires that public notice of the educational rights of
students who are homeless to be disseminated in schools.
4)Establishes, in the Welfare and Institutions Code (Sections
16160-67), the Office of the State Foster Care Ombudsperson
within the California Department of Social Services. The
Ombudsperson is responsible, among other things, for
disseminating information about the rights of foster youth.
5)Establishes, in the Welfare and Institutions Code (Section
16001.9), certain rights of children and youth in foster care,
sometimes known as a "foster youth bill of rights." Among
them are the rights to a) attend school and participate in
extracurricular, cultural, and personal enrichment activities,
with minimal disruptions to school attendance and educational
stability, and b) at 16 years of age or older, have access to
existing information regarding the educational options
available, including the coursework necessary for vocational
and postsecondary educational programs, and information
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regarding financial aid for postsecondary education.
6)Requires the Foster Care Ombudsperson to produce a poster
delineating the rights of foster children and youth, and post
it in specified foster care settings (Health and Safety Code
section 1530.91).
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. The author states, "Over the last decade,
California has been a leader in enacting legislation to protect
the education rights of foster youth, including by ensuring
their right to remain in their school of origin, to speedy
transfer of records and to partial credits, extra support if
they are facing disciplinary action, to have equal access to
education services in the least restrictive environment, and to
modified graduation requirements. Unfortunately, far too many
foster youth and their education rights holders and foster
parents are unaware of these protections."
This bill would help ensure these youth, who must often advocate
for themselves in the education setting, are provided notice
about their basic educational rights at the time of enrollment
and also in a public area at their school site. Such public
notice would also help educate school staff about the needs and
rights of foster youth and increase their likelihood of school
success."
The "Invisible Achievement Gap." A 2013 report by the Center
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for the Future of Teaching and Learning at WestEd, titled "The
Invisible Achievement Gap," identified the disparity in academic
outcomes for students in foster care relative to their peers.
It found, based on 2009-10 educational data, that students in
foster care represented a subgroup distinct in many ways from
other low-income students. Among the findings in this report
were that foster youth:
have among the lowest scores in English/Language Arts
have the lowest scores in mathematics of any subgroup
have the highest dropout rate, nearly three times the
rate of other students
have the lowest high school graduation rate of any
subgroup
The report also found that students in foster care are more
likely to change schools during the school year, more likely to
be enrolled in low-performing schools, less likely to
participate in state assessments, and significantly more likely
to be enrolled in nontraditional schools.
Foster Youth Education Task Force. This bill requires the CDE
to work with the Foster Youth Education Task Force to develop a
notice of educational rights of students in foster care. The
Foster Youth Task Force was established in 2004 and consists of
representatives of more than 35 organizations. The Task Force
works to "improve the disparate educational outcomes for
students in foster care."
Complaint procedures. Related legislation this session (AB 379,
Gordon) requires that the Uniform Complaint Procedures be used
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to address complaints regarding educational rights of students
in foster care, and establishes an accelerated process with
regard to some of those rights. Staff recommends that this bill
be amended to require inclusion of complaint process
information, as applicable, in the notification required by this
bill.
One notice for all the rights of the child. Current law
requires the Foster Care Ombudsperson to disseminate information
to foster youth which explains their rights (primarily
non-educational aspects of their care, but including two
educational rights above). This bill requires LEAs to
disseminate information to foster youth about their educational
rights. As a result, students in foster care, who must navigate
two complex public systems which have historically had
difficulty coordinating efforts, might end up with two separate
statements of rights.
In the interest of sending clear, consistent, and easy to access
information to students about their rights, staff recommends
that the bill be amended to 1) add consultation with the State
Foster Care Ombudsperson in the development of the notice
required by this bill, and 2) require, to the greatest extent
practicable, that this notice include both educational and other
rights specific to youth in foster care in a single document.
Technical amendment needed. Staff recommends a correction to
two code sections cited in the bill.
Related legislation. AB 379 (Gordon) would make complaints
regarding the educational rights of students in foster care
subject to the Uniform Complaint Procedures process. AB 854
(Webber) allows the Foster Youth Services program to provide
educational support to students in relative care and establishes
a State Foster Youth Services Director within the CDE.
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REGISTERED SUPPORT / OPPOSITION:
Support
Public Counsel (sponsor)
All Saints Church Foster Care Project
Alliance for Children's Rights
American Federation of State, County and Municipal Employees,
AFL-CIO
California Alliance of Child and Family Services
California Youth Connection
Children Now
Children's Law Center of California
Dependency Legal Group of San Diego
East Bay Children's Law Offices
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East Bay Community Law Center
Hillsides
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
Legal Services for Children
Legal Services for Children
Youth Law Center
Opposition
None received
Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087
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