BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 224|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 224
          Author:   Jones-Sawyer (D)
          Amended:  9/3/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  9-0, 6/24/15
           AYES:  Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning,  
            Pan, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 4/23/15 (Consent) - See last page for  
            vote

           SUBJECT:   Pupils:  educational liaison for foster children:   
                     notice of educational rights of foster children


          SOURCE:    Author

          DIGEST:   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.

          Senate Floor Amendments of 9/3/15 avoid chaptering problems with  
          AB 379 (Gordon), SB 238 (Mitchell and Beall), and SB 316  
          (Mitchell).

          ANALYSIS: 
          








                                                                     AB 224  
                                                                    Page  2


          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  
               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  







                                                                     AB 224  
                                                                    Page  3


               local educational agency (LEA) proposes a change of  
               placement due to expulsion.  (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 Office of the State 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)

          This bill:

          1)Requires the California Department of Education (CDE), in  
            collaboration with the California Foster Youth Education Task  
            Force (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  







                                                                     AB 224  
                                                                    Page  4


            youth to also include, to the greatest extent practicable,  
            existing rights that are not specific to education.  Requires  
            the CDE to consult with the Foster Care Ombudsperson if rights  
            that are not specific to education are included in the notice.

          3)Requires the CDE to post the notice on its website.

          4)Includes double-jointing language relative to SB 200 (Lara,  
            Chapter 174, Statutes of 2015).

          Background
          
          Foster Youth Education Task Force.  This bill requires the CDE  
          to consult with the Task Force to develop a notice of  
          educational rights of students in foster care.  The Task Force  
          was established in 2004 and consists of representatives of more  
          than 35 organizations, including foster youth advocates, and  
          representatives of state and local agencies, postsecondary  
          education institutions, and LEAs.  [http://cfyetf.org/]

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, anticipated  
          costs to the CDE between $15,000 and $20,000 General Fund for  
          staff time to develop the notice and provide technical  
          assistance to the field.


          SUPPORT:    (Verified9/3/15)


          None received


          OPPOSITION:   (Verified9/3/15)


          None received

          ASSEMBLY FLOOR:  78-0, 4/23/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  







                                                                     AB 224  
                                                                    Page  5


            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Salas

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          9/4/15 18:11:01


                                   ****  END  ****