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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