BILL ANALYSIS                                                                                                                                                                                                    Ó



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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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