BILL ANALYSIS Ó AB 224 Page 1 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 AB 224 Page 2 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 AB 224 Page 3 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 AB 224 Page 4 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 AB 224 Page 5 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 AB 224 Page 6 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 AB 224 Page 7 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. AB 224 Page 8 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 AB 224 Page 9 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 AB 224 Page 10