BILL ANALYSIS                                                                                                                                                                                                    Ó



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        CONCURRENCE IN SENATE AMENDMENTS


        AB  
        224 (Jones-Sawyer)


        As Amended  September 3, 2015


        Majority vote


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        |ASSEMBLY:  |78-0  |(April 23,     |SENATE: |40-0  |(September 8,    |
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        Original Committee Reference:  ED.


        SUMMARY:  Requires the California Department of Education (CDE) to  
        develop a standardized notice of educational rights of a foster  
        youth and post the notice on its Web site.  


        The Senate amendments:


        1)Delete requirements that the notice be disseminated or posted in a  
          public area at schools, and delete the requirement that the notice  
          be provided to students in foster care and their guardians or  
          education rights holders at the time of enrollment.


        2)Require the notice to be made available to liaisons by posting it  
          on the CDE's Web site.  










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        3)Include chaptering out amendments.  


        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 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  
          to 16167, 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  








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          coursework necessary for vocational and postsecondary educational  
          programs, and information 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:  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.


        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 for  
        the Future of Teaching and Learning at WestEd, titled "The Invisible  








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        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:


        1)Have among the lowest scores in English/Language Arts 


        2)Have the lowest scores in mathematics of any subgroup


        3)Have the highest dropout rate, nearly three times the rate of  
          other students


        4)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."


        Analysis Prepared by:                                             
        Tanya Lieberman / ED. / (916) 319-2087  FN: 0002285













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