BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 224
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|Author: |Jones-Sawyer |
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|Version: |April 7, 2015 Hearing |
| |Date: June 24, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Pupils: educational liaison for foster children
SUMMARY
This bill requires the California Department of Education to
develop a standardized notice of educational rights of foster
youth, post the notice on its website, and provide the notice to
foster youth liaisons, foster youth, parents or educational
rights holders.
BACKGROUND
Existing law:
1)Establishes rights for youth who are in foster care, as
follows:
a) Be educated in the least restrictive environment and
have equal access to academic resources, services, and
extracurricular activities, including interscholastic
athletics. (Education Code § 48850)
b) Attend a regular public school when residing in a
licensed children's institution, except under specified
circumstances. (EC § 48853)
c) Remain in his or her school of origin when a new
placement occurs, and while the resolution of a dispute
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regarding educational placement is pending.
(EC § 48853 and § 48853.5)
d) Be promptly transferred between schools and have
educational records transferred within two business days,
and 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. (EC § 48853.5 and §
49069.5)
e) Be deemed to have met residency requirements for the
purpose of participation in interscholastic sports and
other extracurricular activities. (EC § 48850)
f) Receive full or partial credit for coursework
satisfactorily completed at another school, even if he or
she hasn't completed the entire course, and not be required
to retake some or all of a course he or she has taken at
another school.
(EC § 49069.5 and § 51225.2)
g) Be exempt from local graduation requirements which
exceed state requirements.
(EC § 51225.1)
h) Not have grades and credits be lowered as a result of a
placement change or court appearance. (EC § 49069.5)
i) Have a meeting with specified personnel present when a
local educational agency (LEA) proposes a change of
placement due to expulsion.
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(EC § 48911 and § 48915.5)
j) Among other rights, to live in a safe, healthy, and
comfortable home where he or she is treated with respect,
be free from physical, sexual, emotional, or other abuse,
or corporal punishment, receive adequate and healthy food,
and adequate clothing, make and receive confidential
telephone calls and send and receive unopened mail, attend
school and participate in extracurricular, cultural, and
personal enrichment activities, consistent with the child's
age and developmental level, with minimal disruptions to
school attendance and educational stability, at 16 years of
age or older to have access to existing information
regarding the educational options available, and have
access to age-appropriate, medically accurate information
about reproductive health care, the prevention of unplanned
pregnancy, and the prevention and treatment of sexually
transmitted infections at 12 years of age or older.
(Welfare and Institutions Code § 16001.9)
1)Requires each LEA to designate a staff person as the
educational liaison for foster youth, and requires that person
to ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster
youth, and to ensure proper transfer of credits, records, and
grades when students change schools or school districts. (EC
§ 48853.5)
2)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 § 1530.91)
ANALYSIS
This bill requires the California Department of Education (CDE)
to develop a standardized notice of educational rights of foster
youth, post the notice on its website, and provide the notice to
foster youth liaisons, foster youth, parents or educational
rights holders. Specifically, this bill:
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1)Requires the California Department of Education (CDE), in
collaboration with the California Foster Youth Education Task
Force, to develop a standardized notice of existing
educational rights of foster youth, including information
about the process for foster youth to file a complaint.
2)Requires any version of the notice prepared for use by foster
youth to also include, to the greatest extent practicable,
existing rights that are not specific to education. If the
rights not specific to education are included in the notice,
the California Department of Education (CDE) must consult with
the Office of the State Foster Care Ombudsperson.
3)Requires the CDE to post the notice on its website and make
copies of the notice available to educational liaisons for
foster youth.
4)Requires the education liaisons for foster youth to ensure
that public notice of the educational rights of foster youth
is disseminated or posted in a public area at schools where
students who are in foster care are in attendance.
5)Requires the education liaison for foster youth to provide, at
the time a foster youth seeks enrollment and by the most cost
efficient and effective means possible, notice of the
educational rights to the foster youth and to the parent,
guardian, or educational rights holder.
STAFF COMMENTS
1)Need for the bill. According to the author, "Over the last
decade, California has been a leader in enacting legislation
to protect the education rights of foster youth.
Unfortunately, far too many foster youth and their education
rights holders and foster parents are unaware of these
protections. As such, they lack the tools to effectively
advocate for their education rights and to help break down the
barriers to their educational success."
2)Foster Youth Education Task Force. This bill requires the CDE to
consult 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,
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including foster youth advocates, and representatives of state
and local agencies, postsecondary education institutions, and
local educational agencies (LEA). http://cfyetf.org/
3)Fiscal impact. According to the Assembly Appropriations
Committee, this bill imposes:
a) Minor administrative costs to CDE to create a standardized
notice, post the notice online and provide technical
assistance to LEAs.
b) Proposition 98 (General Fund) state mandated costs, likely
in the low tens of thousands, for the education liaisons to
disseminate and post notice of rights. There are 9,919
schools and approximately 60,000 foster youth in
California.
4)Related legislation. AB 379 (Gordon, 2015) expands the Uniform
Complaint Procedures to include complaints of non-compliance
with certain rights and responsibilities regarding
the education of students who are in foster care or who are
homeless. AB 379 is scheduled to be heard by this Committee
on June 24.
AB 854 (Weber, 2015) expands the uses of Foster Youth Services
(FYS) funding to support students in all foster care
placements, makes significant changes to the FYS
program, and establishes a State Foster Youth Services
Coordinator in the California Department of Education (CDE).
SUPPORT
Alliance for Children's Rights
California Alliance of Child and Family Services
California Catholic Conference
California School Employees Association
California State PTA
California Youth Connection
Child Abuse Prevention Center
Children Now
Junior League of Orange County
Junior League of San Diego
National Association of Social Workers, California Chapter
National Center for Youth Law
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Public Counsel
Youth Law Center
OPPOSITION
None received.
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