AB 379,
as amended, Gordon. Foster youth:begin insert homeless children or youth:end insert complaint ofbegin delete noncompliance.end deletebegin insert noncompliance: exemption from local graduation requirements.end insert
(1) Existing law requires certain pupils placed in a licensed children’s institution or foster family home to attend programs operated by the local educational agency unless a specified condition applies. Existing law authorizes certain foster children living in emergency shelters to receive educational services at the emergency shelter as necessary for short periods of time for specified reasons. Existing law requires that all educational and school placement decisions be based on the best interests of the child.
This bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions relating to educational and school placements of certain foster youth to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.
(2) Existing law requires each local educational agency, as defined, to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades.
This bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions relating to educational and school placements of certain foster youth to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.
(3) Existing law establishes procedures for the transfer of pupils in foster care between schools and, among other things, requires the local educational agency from which the pupil is transferring to compile the complete educational record of the pupil, including, among other things, full or partial credits earned and current classes and grades, and to deliver the educational information and records of the pupil to the next educational placement.
This bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions relating to the transfer of pupils in foster care between schools to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.
(4) Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupil’s 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that the pupil who may qualify for the exemption from local graduation requirements transfers into a school, that the pupil qualifies for that exemption.
begin insertExisting law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
end insertbegin insertThis bill would, if the school district fails to provide the required notification, declare the affected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the court’s jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable, if the pupil otherwise qualifies for the exemption.
end insertbegin insertThis bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
end insertThis bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions relating to exempting certain pupils from specified coursework to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.
(5) Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care or a pupil who is a homeless child while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and requires the school district and county office of education to issue the pupil full or partial credit for the coursework completed. Existing law requires those credits accepted to be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency.
This bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions relating to the requirement that local educational agencies accept coursework satisfactorily completed by certain pupils, as specified, to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.
begin insert(6) This bill would incorporate changes to Sections 48853 and 48853.5 of the Education Code proposed by both this bill and AB 224, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
end insert(6)
end deletebegin insert(7)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The heading of Chapter 5.5 (commencing with
2Section 48850) of Part 27 of Division 4 of Title 2 of the Education
3Code is amended to read:
4
Section 48853 of the Education Code is amended to
9read:
(a) A pupil described in subdivision (a) of Section
1148853.5 who is placed in a licensed children’s institution or foster
12family home shall attend programs operated by the local
13educational agency, unless one of the following applies:
14(1) The pupil is entitled to remain in his or her school of origin
15pursuant to paragraph (1) of subdivision (d) of Section 48853.5.
16(2) The pupil has an individualized education program requiring
17placement in a nonpublic, nonsectarian school or agency, or in
18another local educational agency.
19(3) The parent or guardian, or other person
holding the right to
20make educational decisions for the pupil pursuant to Section 361
21or 726 of the Welfare and Institutions Code or Section 56055,
22determines that it is in the best interests of the pupil to be placed
23in another educational program, in which case the parent or
24guardian or other person holding the right to make educational
25decisions for the pupil shall provide a written statement that he or
26she has made that determination to the local educational agency.
27This statement shall include a declaration that the parent, guardian,
28or other person holding the right to make educational decisions
29for the pupil is aware of all of the following:
30(A) The pupil has a right to attend a regular public school in the
31least restrictive environment.
32(B) The alternate education program is
a special education
33program, if applicable.
P6 1(C) The decision to unilaterally remove the pupil from the
2
regular public school and to place the pupil in an alternate
3education program may not be financed by the local educational
4agency.
5(D) Any attempt to seek reimbursement for the alternate
6education program may be at the expense of the parent, guardian,
7or other person holding the right to make educational decisions
8for the pupil.
9(b) For purposes of ensuring a parent, guardian, or other person
10holding the right to make educational decisions for the pupil is
11aware of the information described in subparagraphs (A) to (D),
12inclusive, of paragraph (3) of subdivision (a), the local educational
13agency may provide him or her with that information in writing.
14(c) Before any decision is made to place a pupil in a
juvenile
15court school as defined by Section 48645.1, a community school
16as described in Sections 1981 and 48660, or other alternative
17educational setting, the parent or guardian, or person holding the
18right to make educational decisions for the pupil pursuant to
19Section 361 or 726 of the Welfare and Institutions Code or Section
2056055, shall first consider placement in the regular public school.
21(d) If any dispute arises as to the school placement of a pupil
22subject to this section, the pupil has the right to remain in his or
23her school of origin, as defined in subdivision (e) of Section
2448853.5, pending resolution of the dispute. The dispute shall be
25resolved in accordance with the existing dispute resolution process
26available to any pupil served by the local educational agency.
27(e) This section does not supersede other laws that govern pupil
28expulsion.
29(f) This section does not supersede any other law governing the
30educational placement in a juvenile court school, as defined by
31Section 48645.1, of a pupil detained in a county juvenile hall, or
32committed to a county juvenile ranch, camp, forestry camp, or
33regional facility.
34(g) (1) Foster children living in emergency shelters, as
35referenced in the federal McKinney-Vento Homeless Assistance
36Act (42 U.S.C. Sec. 11301 et seq.), may receive educational
37services at the emergency shelter as necessary for short periods of
38time for either of the following reasons:
39(A) For health and safety emergencies.
P7 1(B) To provide temporary, special, and supplementary services
2to meet the child’s unique needs if a decision regarding whether
3it is in the child’s best interests to attend the school of origin cannot
4be made promptly, it is not practical to transport the child to the
5school of origin, and the child would otherwise not receive
6educational services.
7(2) The educational services may be provided at the shelter
8pending a determination by the person holding the right regarding
9the educational placement of the child.
10(h) All educational and school placement decisions shall be
11made to ensure that the child is placed in the least restrictive
12educational programs and has access to academic resources,
13services, and
extracurricular and enrichment activities that are
14available to all pupils. In all instances, educational and school
15placement decisions shall be based on the best interests of the
16child.
17(i) (1) A complaint of noncompliance with the requirements of
18this section may be filed with the local educational agency under
19the Uniform Complaint Procedures set forth in Chapter 5.1
20(commencing with Section 4600) of Division 1 of Title 5 of the
21California Code of Regulations.
22(2) A complainant not satisfied with the decision of a local
23educational agency may appeal the decision to the department
24pursuant to Chapter 5.1 (commencing with Section 4600) of
25Division 1 of Title 5 of the California Code of Regulations and
26shall receive a written decision regarding the
appeal within 60
27days of the department’s receipt of the appeal.
28(3) If a local educational agency finds merit in a complaint, or
29the Superintendent finds merit in an appeal, the local educational
30agency shall provide a remedy to the affected pupil.
31(4) Information regarding the requirements of this section shall
32be included in the annual notification distributed to, among others,
33pupils, parents or guardians of pupils, employees, and other
34interested parties pursuant to Section 4622 of Title 5 of the
35California Code of Regulations.
begin insertSection 48853 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
37read:end insert
(a) A pupil described in subdivision (a) of Section
3948853.5 who is placed in a licensed children’s institution or foster
P8 1family home shall attend programs operated by the local
2educational agency, unless one of the following applies:
3(1) The pupil is entitled to remain in his or her school of origin
4pursuant to paragraph (1) of subdivisionbegin delete (d)end deletebegin insert (e)end insert of Section 48853.5.
5(2) The pupil has an individualized education program requiring
6placement in a nonpublic, nonsectarian school or agency, or in
7another local
educational agency.
8(3) The parent or guardian, or other person holding the right to
9make educational decisions for the pupil pursuant to Section 361
10or 726 of the Welfare and Institutions Code or Section 56055,
11determines that it is in the best interests of the pupil to be placed
12in another educational program, in which case the parent or
13guardian or other person holding the right to make educational
14decisions for the pupil shall provide a written statement that he or
15she has made that determination to the local educational agency.
16This statement shall include a declaration that the parent, guardian,
17or other person holding the right to make educational decisions
18for the pupil is aware of all of the following:
19(A) The pupil has a right to attend a regular public school in the
20least restrictive environment.
21(B) The
alternate education program is a special education
22program, if applicable.
23(C) The decision to unilaterally remove the pupil from the
24regular public school and to place the pupil in an alternate
25education program may not be financed by the local educational
26agency.
27(D) Any attempt to seek reimbursement for the alternate
28education program may be at the expense of the parent, guardian,
29or other person holding the right to make educational decisions
30for the pupil.
31(b) For purposes of ensuring a parent, guardian, or other person
32holding the right to make educational decisions for the pupil is
33aware of the information described in subparagraphs (A) to (D),
34inclusive, of paragraph (3) of subdivision (a), the local educational
35agency may provide him or her with that information in writing.
36(c) Before any decision is made to place a pupil in a juvenile
37court school as defined by Section 48645.1, a community school
38as described in Sections 1981 and 48660, or other alternative
39educational setting, the parent or guardian, or person holding the
40right to make educational decisions for the pupil pursuant to
P9 1Section 361 or 726 of the Welfare and Institutions Code or Section
256055, shall first consider placement in the regular public school.
3(d) If any dispute arises as to the school placement of a pupil
4subject to this section, the pupil has the right to remain in his or
5her school of origin, as defined in subdivisionbegin delete (e)end deletebegin insert (f)end insert of Section
648853.5, pending resolution of the dispute. The
dispute shall be
7resolved in accordance with the existing dispute resolution process
8available to any pupil served by the local educational agency.
9(e) This section does not supersede other laws that govern pupil
10expulsion.
11(f) This section does not supersede any other law governing the
12educational placement in a juvenile court school, as defined by
13Section 48645.1, of a pupil detained in a county juvenile hall, or
14committed to a county juvenile ranch, camp, forestry camp, or
15regional facility.
16(g) begin insert(1)end insertbegin insert end insertFoster children living in emergency shelters, as
17referenced in the federal McKinney-Vento Homeless Assistance
18Act (42 U.S.C. Sec. 11301 et seq.), may receive educational
19services at the
emergency shelter as necessary for short periods of
20time for either of the following reasons:
21(1)
end delete22begin insert(A)end insert For health and safety emergencies.
23(2)
end delete
24begin insert(B)end insert To provide temporary, special, and supplementary services
25to meet the child’s unique needs if a decision regarding whether
26it is in the child’s best interests to attend the school of origin cannot
27
be made promptly, it is not practical to transport the child to the
28school of origin, and the child would otherwise not receive
29educational services.
30 The
end delete
31begin insert(2)end insertbegin insert end insertbegin insertTheend insert educational services may be provided at the shelter
32pending a determination by the person holding the right regarding
33the educational placement of the child.
34(h) All educational and school placement decisions shall be
35made to ensure that the child is placed in the least restrictive
36educational programs and has access to academic resources,
37services, and extracurricular and
enrichment activities that are
38available to all pupils. In all instances, educational and school
39placement decisions shall be based on the best interests of the
40child.
P10 1(i) (1) A complaint of noncompliance with the requirements of
2this section may be filed with the local educational agency under
3the Uniform Complaint Procedures set forth in Chapter 5.1
4(commencing with Section 4600) of Division 1 of Title 5 of the
5California Code of Regulations.
6(2) A complainant not satisfied with the decision of a local
7educational agency may appeal the decision to the department
8pursuant to Chapter 5.1 (commencing with Section 4600) of
9Division 1 of Title 5 of the California Code of Regulations and
10shall receive a written decision regarding the appeal within 60
11days of the department’s
receipt of the appeal.
12(3) If a local educational agency finds merit in a complaint, or
13the Superintendent finds merit in an appeal, the local educational
14agency shall provide a remedy to the affected pupil.
15(4) Information regarding the requirements of this section shall
16be included in the annual notification distributed to, among others,
17pupils, parents or guardians of pupils, employees, and other
18interested parties pursuant to Section 4622 of Title 5 of the
19California Code of Regulations.
Section 48853.5 of the Education Code is amended to
21read:
(a) This section applies to a foster child. “Foster
23child” means a child who has been removed from his or her home
24pursuant to Section 309 of the Welfare and Institutions Code, is
25the subject of a petition filed under Section 300 or 602 of the
26Welfare and Institutions Code, or has been removed from his or
27her home and is the subject of a petition filed under Section 300
28or 602 of the Welfare and Institutions Code.
29(b) Each local educational agency shall designate a staff person
30as the educational liaison for foster children. In a school district
31that operates a foster children services program pursuant to Chapter
3211.3 (commencing with Section 42920) of Part 24 of Division 3,
33the
educational liaison shall be affiliated with the local foster
34children services program. The educational liaison shall dobegin delete allend deletebegin insert bothend insert
35 of the following:
36(1) Ensure and facilitate the proper educational placement,
37enrollment in school, and checkout from school of foster children.
38(2) Assist foster children when transferring from one school to
39another school or from one school district to another school district
40in ensuring proper transfer of credits, records, and grades.
P11 1(c) If so designated by the superintendent of the local educational
2agency, the educational
liaison shall notify a foster child’s attorney
3and the appropriate representative of the county child welfare
4agency of pending expulsion proceedings if the decision to
5recommend expulsion is a discretionary act, pending proceedings
6to extend a suspension until an expulsion decision is rendered if
7the decision to recommend expulsion is a discretionary act, and,
8if the foster child is an individual with exceptional needs, pending
9manifestation determinations pursuant to Section 1415(k) of Title
1020 of the United States Code if the local educational agency has
11proposed a change in placement due to an act for which the
12decision to recommend expulsion is at the discretion of the
13principal or the district superintendent of schools.
14(d) This section does not grant authority to the educational
15liaison that supersedes the authority granted under state
and federal
16law to a parent or legal guardian retaining educational rights, a
17responsible adult appointed by the court to represent the child
18pursuant to Section 361 or 726 of the Welfare and Institutions
19Code, a surrogate parent, or a foster parent exercising the authority
20granted under Section 56055. The role of the educational liaison
21is advisory with respect to placement decisions and determination
22of the school of origin.
23(e) (1) At the initial detention or placement, or any subsequent
24change in placement of a foster child, the local educational agency
25serving the foster child shall allow the foster child to continue his
26or her education in the school of origin for the duration of the
27jurisdiction of the court.
28(2) If the jurisdiction of the court is
terminated before the end
29of an academic year, the local educational agency shall allow a
30former foster child who is in kindergarten or any of grades 1 to 8,
31inclusive, to continue his or her education in the school of origin
32through the duration of the academic school year.
33(3) (A) If the jurisdiction of the court is terminated while a
34foster child is in high school, the local educational agency shall
35allow the former foster child to continue his or her education in
36the school of origin through graduation.
37(B) For purposes of this paragraph, a school district is not
38required to provide transportation to a former foster child who has
39an individualized education program that does not require
40transportation as a related service and who changes residence but
P12 1remains
in his or her school of origin pursuant to this paragraph,
2unless the individualized education program team determines that
3transportation is a necessary related service.
4(4) To ensure that the foster child has the benefit of matriculating
5with his or her peers in accordance with the established feeder
6patterns of school districts, if the foster child is transitioning
7between school grade levels, the local educational agency shall
8allow the foster child to continue in the school district of origin in
9the same attendance area, or, if the foster child is transitioning to
10a middle school or high school, and the school designated for
11matriculation is in another school district, to the school designated
12for matriculation in that school district.
13(5) Paragraphs (2), (3), and (4) do not require
a school district
14to provide transportation services to allow a foster child to attend
15a school or school district, unless otherwise required under federal
16law. This paragraph does not prohibit a school district from, at its
17discretion, providing transportation services to allow a foster child
18to attend a school or school district.
19(6) The educational liaison, in consultation with, and with the
20agreement of, the foster child and the person holding the right to
21make educational decisions for the foster child, may recommend,
22in accordance with the foster child’s best interests, that the foster
23child’s right to attend the school of origin be waived and the foster
24child be enrolled in a public school that pupils living in the
25attendance area in which the foster child resides are eligible to
26attend.
27(7) Before making a recommendation to move a foster child
28from his or her school of origin, the educational liaison shall
29provide the foster child and the person holding the right to make
30educational decisions for the foster child with a written explanation
31stating the basis for the recommendation and how the
32recommendation serves the foster child’s best interests.
33(8) (A) If the educational liaison, in consultation with the foster
34child and the person holding the right to make educational decisions
35for the foster child, agrees that the best interests of the foster child
36would best be served by his or her transfer to a school other than
37the school of origin, the foster child shall immediately be enrolled
38in the new school.
39(B) The new school shall
immediately enroll the foster child
40even if the foster child has outstanding fees, fines, textbooks, or
P13 1other items or moneys due to the school last attended or is unable
2to produce clothing or records normally required for enrollment,
3such as previous academic records, medical records, including,
4but not limited to, records or other proof of immunization history
5pursuant to Chapter 1 (commencing with Section 120325) of Part
62 of Division 105 of the Health and Safety Code, proof of
7residency, other documentation, or school uniforms.
8(C) Within two business days of the foster child’s request for
9enrollment, the educational liaison for the new school shall contact
10the school last attended by the foster child to obtain all academic
11and other records. The last school attended by the foster child shall
12provide all required records to the new
school regardless of any
13outstanding fees, fines, textbooks, or other items or moneys owed
14to the school last attended. The educational liaison for the school
15last attended shall provide all records to the new school within two
16business days of receiving the request.
17(9) If a dispute arises regarding the request of a foster child to
18remain in the school of origin, the foster child has the right to
19remain in the school of origin pending resolution of the dispute.
20The dispute shall be resolved in accordance with the existing
21dispute resolution process available to a pupil served by the local
22educational agency.
23(10) The local educational agency and the county placing agency
24are encouraged to collaborate to ensure maximum use of available
25federal moneys, explore public-private
partnerships, and access
26any other funding sources to promote the well-being of foster
27children through educational stability.
28(11) It is the intent of the Legislature that this subdivision shall
29not supersede or exceed other laws governing special education
30services for eligible foster children.
31(f) For purposes of this section, “school of origin” means the
32school that the foster child attended when permanently housed or
33the school in which the foster child was last enrolled. If the school
34the foster child attended when permanently housed is different
35from the school in which the foster child was last enrolled, or if
36there is some other school that the foster child attended with which
37the foster child is connected and that the foster child attended
38within the immediately
preceding 15 months, the educational
39liaison, in consultation with, and with the agreement of, the foster
40child and the person holding the right to make educational decisions
P14 1for the foster child, shall determine, in the best interests of the
2foster child, the school that shall be deemed the school of origin.
3(g) This section does not supersede other law governing the
4educational placements in juvenile court schools, as described in
5Section 48645.1, by the juvenile court under Section 602 of the
6Welfare and Institutions Code.
7(h) (1) A complaint of noncompliance with the requirements
8of this section may be filed with the local educational agency under
9the Uniform Complaint Procedures set forth in Chapter 5.1
10(commencing with Section 4600) of Division 1 of Title 5
of the
11California Code of Regulations.
12(2) A complainant not satisfied with the decision of a local
13educational agency may appeal the decision to the department
14pursuant to Chapter 5.1 (commencing with Section 4600) of
15Division 1 of Title 5 of the California Code of Regulations and
16shall receive a written decision regarding the appeal within 60
17days of the department’s receipt of the appeal.
18(3) If a local educational agency finds merit in a complaint, or
19the Superintendent finds merit in an appeal, the local educational
20agency shall provide a remedy to the affected pupil.
21(4) Information regarding the requirements of this section shall
22be included in the annual notification distributed to, among others,
23pupils,
parents or guardians of pupils, employees, and other
24interested parties pursuant to Section 4622 of Title 5 of the
25California Code of Regulations.
begin insertSection 48853.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
27to read:end insert
(a) This section applies to a foster child. “Foster
29child” means a child who has been removed from his or her home
30pursuant to Section 309 of the Welfare and Institutions Code, is
31the subject of a petition filed under Section 300 or 602 of the
32Welfare and Institutions Code, or has been removed from his or
33her home and is the subject of a petition filed under Section 300
34or 602 of the Welfare and Institutions Code.
35(b) The department, in consultation with the California Foster
36Youth Education Task Force, shall develop a standardized notice
37of the educational rights of foster children, as specified in Sections
3848850 to this section, inclusive, 48911, 48915.5, 49069.5, 49076,
3951225.1, and 51225.2. The notice shall
include complaint process
40information, as applicable. The department shall make the notice
P15 1available to educational liaisons for foster children for
2dissemination by posting the notice on its Internet Web site. Any
3version of this notice prepared for use by foster children shall also
4include, to the greatest extent practicable, the rights established
5pursuant to Section 16001.9 of the Welfare and Institutions Code.
6In developing the notice that includes the rights in Section 16001.9
7of the Welfare and Institutions Code, the department shall consult
8with the Office of the State Foster Care Ombudsperson.
9(b)
end delete
10begin insert(c)end insert Each local educational agency shall
designate a staff person
11as the educational liaison for foster children. In a school district
12that operates a foster children services program pursuant to Chapter
1311.3 (commencing with Section 42920) of Part 24 of Division 3,
14the educational liaison shall be affiliated with the local foster
15children services program. The educational liaison shall dobegin delete allend deletebegin insert bothend insert
16 of the following:
17(1) Ensure and facilitate the proper educational placement,
18enrollment in school, and checkout from school of foster children.
19(2) Assist foster children when transferring from one school to
20another school or from one school district to another school district
21in ensuring proper transfer of credits, records, and
grades.
22(c)
end delete
23begin insert(d)end insert If so designated by the superintendent of the local
24educational agency, the educational liaison shall notify a foster
25child’s attorney and the appropriate representative of the county
26child welfare agency of pending expulsion proceedings if the
27decision to recommend expulsion is a discretionary act, pending
28proceedings to extend a suspension until an expulsion decision is
29rendered if the decision to recommend expulsion is a discretionary
30act, and, if the foster child is an individual with exceptional needs,
31pending manifestation determinations pursuant to Section 1415(k)
32of Title 20 of the United States Code if the local educational agency
33has proposed a
change in placement due to an act for which the
34decision to recommend expulsion is at the discretion of the
35principal or the district superintendent of schools.
36(d)
end delete
37begin insert(e)end insert This section does not grant authority to the educational
38liaison that supersedes the authority granted under state and federal
39law to a parent or legal guardian retaining educational rights, a
40responsible adult appointed by the court to represent the child
P16 1pursuant to Section 361 or 726 of the Welfare and Institutions
2Code, a surrogate parent, or a foster parent exercising the authority
3granted under Section 56055. The role of the educational liaison
4is advisory with respect to placement decisions and
determination
5of the school of origin.
6(e)
end delete
7begin insert(f)end insert (1) At the initial detention or placement, or any subsequent
8change in placement of a foster child, the local educational agency
9serving the foster child shall allow the foster child to continue his
10or her education in the school of origin for the duration of the
11jurisdiction of the court.
12(2) If the jurisdiction of the court is terminated before the end
13of an academic year, the local educational agency shall allow a
14former foster child who is in kindergarten or any of grades 1 to 8,
15inclusive, to continue his or her education in the school of
origin
16through the duration of the academic school year.
17(3) (A) If the jurisdiction of the court is terminated while a
18foster child is in high school, the local educational agency shall
19allow the former foster child to continue his or her education in
20the school of origin through graduation.
21(B) For purposes of this paragraph, a school district is not
22required to provide transportation to a former foster child who has
23an individualized education program that does not require
24transportation as a related service and who changes residence but
25remains in his or her school of origin pursuant to this paragraph,
26unless the individualized education program team determines that
27transportation is a necessary related service.
28(4) To ensure that the foster child has the benefit of matriculating
29with his or
her peers in accordance with the established feeder
30patterns of school districts, if the foster child is transitioning
31between school grade levels, the local educational agency shall
32allow the foster child to continue in the school district of origin in
33the same attendance area, or, if the foster child is transitioning to
34a middle school or high school, and the school designated for
35matriculation is in another school district, to the school designated
36for matriculation in that school district.
37(5) Paragraphs (2), (3), and (4) do not require a school district
38to provide transportation services to allow a foster child to attend
39a school or school district, unless otherwise required under federal
40law. This paragraph does not prohibit a school district from, at its
P17 1discretion, providing transportation services to allow a foster child
2to attend a school or school district.
3(6) The
educational liaison, in consultation with, and with the
4agreement of, the foster child and the person holding the right to
5make educational decisions for the foster child, may recommend,
6in accordance with the foster child’s best interests, that the foster
7child’s right to attend the school of origin be waived and the foster
8child be enrolled in a public school that pupils living in the
9attendance area in which the foster child resides are eligible to
10attend.
11(7) Before making a recommendation to move a foster child
12from his or her school of origin, the educational liaison shall
13provide the foster child and the person holding the right to make
14educational decisions for the foster child with a written explanation
15stating the basis for the recommendation and how the
16recommendation serves the foster child’s bestbegin delete interest.end deletebegin insert
interests.end insert
17(8) (A) If the educational liaison, in consultation with the foster
18child and the person holding the right to make educational decisions
19for the foster child, agrees that the best interests of the foster child
20would best be served by his or her transfer to a school other than
21the school of origin, the foster child shall immediately be enrolled
22in the new school.
23(B) The new school shall immediately enroll the foster child
24even if the foster child has outstanding fees, fines, textbooks, or
25other items or moneys due to the school last attended or is unable
26to produce clothing or records normally required for enrollment,
27such as previous academic records, medical records, including,
28but not limited to, records or other proof of immunization history
29pursuant to Chapter 1 (commencing with Section 120325) of Part
302 of Division
105 of the Health and Safety Code, proof of
31residency, other documentation, or school uniforms.
32(C) Within two business days of the foster child’s request for
33enrollment, the educational liaison for the new school shall contact
34the school last attended by the foster child to obtain all academic
35and other records. The last school attended by the foster child shall
36provide all required records to the new school regardless of any
37outstanding fees, fines, textbooks, or other items or moneys owed
38to the school last attended. The educational liaison for the school
39last attended shall provide all records to the new school within two
40business days of receiving the request.
P18 1(9) If a dispute arises regarding the request of a foster child to
2remain in the school of origin, the foster child has the right to
3remain in the school of origin pending resolution of the dispute.
4The dispute shall be
resolved in accordance with the existing
5dispute resolution process available to a pupil served by the local
6educational agency.
7(10) The local educational agency and the county placing agency
8are encouraged to collaborate to ensure maximum use of available
9federal moneys, explore public-private partnerships, and access
10any other funding sources to promote the well-being of foster
11children through educational stability.
12(11) It is the intent of the Legislature that this subdivision shall
13not supersede or exceed other laws governing special education
14services for eligible foster children.
15(f)
end delete
16begin insert(g)end insert For purposes of this section, “school of origin” means the
17school that the foster child attended when permanently housed or
18the school in which the foster child was last enrolled. If the school
19the foster child attended when permanently housed is different
20from the school in which the foster child was last enrolled, or if
21there is some other school that the foster child attended with which
22the foster child is connected and that the foster child attended
23within the immediately preceding 15 months, the educational
24liaison, in consultation with, and with the agreement of, the foster
25child and the person holding the right to make educational decisions
26for the foster child, shall determine, in the best interests of the
27foster child, the school that shall be deemed the school of origin.
28(g)
end delete
29begin insert(h)end insert This section does not supersede other law governing the
30educational placements in juvenile court schools, as described in
31Section 48645.1, by the juvenile court under Section 602 of the
32Welfare and Institutions Code.
33(i) (1) A complaint of noncompliance with the requirements of
34this section may be filed with the local educational agency under
35the Uniform Complaint Procedures set forth in Chapter 5.1
36(commencing with Section 4600) of Division 1 of Title 5 of the
37California Code of Regulations.
38(2) A complainant not satisfied with the decision of a local
39educational agency may appeal the decision to the department
40pursuant to Chapter 5.1 (commencing with Section 4600) of
P19 1Division 1 of Title 5 of the California Code of Regulations and
2shall receive a written
decision regarding the appeal within 60
3days of the department’s receipt of the appeal.
4(3) If a local educational agency finds merit in a complaint, or
5the Superintendent finds merit in an appeal, the local educational
6agency shall provide a remedy to the affected pupil.
7(4) Information regarding the requirements of this section shall
8be included in the annual notification distributed to, among others,
9pupils, parents or guardians of pupils, employees, and other
10interested parties pursuant to Section 4622 of Title 5 of the
11California Code of Regulations.
Section 49069.5 of the Education Code is amended to
13read:
(a) The Legislature finds and declares all of the
15following:
16(1) The mobility of pupils in foster care often disrupts their
17educational experience.
18(2) Efficient transfer procedures and transfer of pupil records
19is a critical factor in the swift placement of foster children in
20educational settings.
21(3) Pupils who have had contact with the juvenile justice system
22are often denied credit or partial credit earned during enrollment
23in juvenile court schools. Delays in school enrollment and loss of
24earned credit can result in improper class or school placement,
25denial
of special education services, and school dropout.
26(b) The proper and timely transfer between schools of pupils in
27foster care is the responsibility of both the local educational agency,
28including the county office of education for pupils in foster care
29who are enrolled in juvenile court schools, and the county placing
30agency, which includes the county probation department.
31(c) As soon as the county placing agency or county office of
32education becomes aware of the need to transfer a pupil in foster
33care out of his or her current school, the county placing agency or
34county office of education shall contact the appropriate person at
35the local educational agency of the pupil. The county placing
36agency shall notify the local educational agency of the date that
37the pupil will be leaving the
school and request that the pupil be
38transferred out.
39(d) Upon receiving a transfer request from a county placing
40agency or notification of enrollment from the new local educational
P20 1agency, the local educational agency receiving the transfer request
2or notification shall, within two business days, transfer the pupil
3out of school and deliver the educational information and records
4of the pupil to the next educational placement.
5(e) As part of the transfer process described under subdivisions
6(c) and (d), the local educational agency shall compile the complete
7educational record of the pupil, including a determination of seat
8time, full or partial credits earned, current classes and grades,
9immunization and other records, and, if applicable, a copy of the
10pupil’s plan adopted
pursuant to Section 504 of the federal
11Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or individualized
12education program adopted pursuant to the federal Individuals
13with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
14(f) The local educational agency shall assign the duties listed
15in this section to a person competent to handle the transfer
16procedure and who is aware of the specific educational
17recordkeeping needs of homeless, foster, and other transient
18children who transfer between schools.
19(g) The local educational agency shall ensure that, if the pupil
20in foster care is absent from school due to a decision to change the
21placement of a pupil made by a court or placing agency, the grades
22and credits of the pupil will be calculated as of the date the pupil
23left
school and no lowering of grades will occur as a result of the
24absence of the pupil under these circumstances.
25(h) The local educational agency shall ensure that, if the pupil
26in foster care is absent from school due to a verified court
27appearance or related court ordered activity, no lowering of his or
28her grades will occur as a result of the absence of the pupil under
29these circumstances.
30(i) (1) A complaint of noncompliance with the requirements of
31this section may be filed with the local educational agency under
32the Uniform Complaint Procedures set forth in Chapter 5.1
33(commencing with Section 4600) of Division 1 of Title 5 of the
34California Code of Regulations.
35(2) A complainant not satisfied
with the decision of a local
36educational agency may appeal the decision to the department
37pursuant to Chapter 5.1 (commencing with Section 4600) of
38Division 1 of Title 5 of the California Code of Regulations and
39shall receive a written decision regarding the appeal within 60
40days of the department’s receipt of the appeal.
P21 1(3) If a local educational agency finds merit in a complaint, or
2the Superintendent finds merit in an appeal, the local educational
3agency shall provide a remedy to the affected pupil.
4(4) Information regarding the requirements of this section shall
5be included in the annual notification distributed to, among others,
6pupils, parents or guardians of pupils, employees, and other
7interested parties pursuant to Section 4622 of Title 5 of the
8California Code of
Regulations.
9(j) For purposes of this section, the following definitions apply:
10(1) “County placing agency” means a county social services
11department or county probation department.
12(2) “Local educational agency” means a school district, a county
13office of education, a charter school participating as a member of
14a special education local plan area, or a special education local
15plan area.
16(3) “Pupil in foster care” means a child who has been removed
17from his or her home pursuant to Section 309 of the Welfare and
18Institutions Code, is the subject of a petition filed under Section
19300 or 602 of the Welfare and Institutions Code, or has been
20removed from his or
her home and is the subject of a petition filed
21under Section 300 or 602 of the Welfare and Institutions Code.
Section 51225.1 of the Education Code is amended to
23read:
(a) Notwithstanding any other law, a school district
25shall exempt a pupil in foster care, as defined in Section 51225.2,
26or a pupil who is a homeless child or youth, as defined in Section
2711434a(2) of Title 42 of the United States Code, who transfers
28between schools any time after the completion of the pupil’s second
29year of high school from all coursework and other requirements
30adopted by the governing board of the school district that are in
31addition to the statewide coursework requirements specified in
32Section 51225.3, unless the school district makes a finding that
33the pupil is reasonably able to complete the school district’s
34graduation requirements in time to graduate from high school by
35the end of the pupil’s fourth year of high
school.
36(b) If the school district determines that the pupil in foster care,
37or the pupil who is a homeless child or youth, is reasonably able
38to complete the school district’s graduation requirements within
39the pupil’s fifth year of high school, the school district shall do all
40of the following:
P22 1(1) Inform the pupil of his or her option to remain in school for
2a fifth year to complete the school district’s graduation
3requirements.
4(2) Inform the pupil, and the person holding the right to make
5educational decisions for the pupil, about how remaining in school
6for a fifth year to complete the school district’s graduation
7requirements will affect the pupil’s ability to gain admission to a
8postsecondary educational
institution.
9(3) Provide information to the pupil about transfer opportunities
10available through the California Community Colleges.
11(4) Permit the pupil to stay in school for a fifth year to complete
12the school district’s graduation requirements upon agreement with
13the pupil, if the pupil is 18 years of age or older, or, if the pupil is
14under 18 years of age, upon agreement with the person holding
15the right to make educational decisions for the pupil.
16(c) To determine whether a pupil in foster care, or a pupil who
17is a homeless child or youth, is in the third or fourth year of high
18school, either the number of credits the pupil has earned to the
19date of transfer or the length of the pupil’s school enrollment may
20be used,
whichever will qualify the pupil for the exemption.
21(d) (1) begin insert(A)end insertbegin insert end insertWithin 30 calendar days of the date that a pupil in
22foster care who may qualify for the exemption from local
23graduation requirements pursuant to this section transfers into a
24school, the school district shall notify the pupil, the person holding
25the right to make educational decisions for the pupil, and the pupil’s
26social worker or probation officer of the availability of the
27exemption and whether the pupil qualifies for an exemption.
28(B) If the school district fails to provide timely notice pursuant
29to subparagraph (A), the pupil
described in subparagraph (A)
30shall be eligible for the exemption from local graduation
31requirements pursuant to this section once notified, even if that
32notification occurs after the termination of the court’s jurisdiction
33over the pupil, if the pupil otherwise qualifies for the exemption
34pursuant to this section.
35(2) begin insert(A)end insertbegin insert end insertWithin 30 calendar days of the date that a pupil who is
36a homeless child or youth may qualify for the exemption from
37local graduation requirements pursuant to this section transfers
38into a school, the school district shall notify the pupil, the person
39holding the right to make educational decisions for the pupil, and
40the local educational agency liaison for homeless children and
P23 1youth designated pursuant to Section
11432(g)(1)(J)(ii) of Title
242 of the United States Code, of the availability of the exemption
3and whether the pupil qualifies for an exemption.
4(B) If the school district fails to provide timely notice pursuant
5to subparagraph (A), the pupil described in subparagraph (A)
6shall be eligible for the exemption from local graduation
7requirements pursuant to this section once notified, even if that
8notification occurs after the pupil is no longer a homeless child
9or youth, if the pupil otherwise qualifies for the exemption pursuant
10to this section.
11(e) If a pupil in foster care, or a pupil who is a homeless child
12or youth, is exempted from local graduation requirements pursuant
13to this section and completes the statewide coursework
14requirements
specified in Section 51225.3 before the end of his or
15her fourth year of high school and that pupil would otherwise be
16entitled to remain in attendance at the school, a school or school
17district shall not require or request that the pupil graduate before
18the end of his or her fourth year of high school.
19(f) If a pupil in foster care, or a pupil who is a homeless child
20or youth, is exempted from local graduation requirements pursuant
21to this section, the school district shall notify the pupil and the
22person holding the right to make educational decisions for the
23pupil how any of the requirements that are waived will affect the
24pupil’s ability to gain admission to a postsecondary educational
25institution and shall provide information about transfer
26opportunities available through the California Community
27Colleges.
28(g) A pupil in foster care, or a pupil who is a homeless child or
29youth, who is eligible for the exemption from local graduation
30requirements pursuant to this section and would otherwise be
31entitled to remain in attendance at the school shall not be required
32to accept the exemption or be denied enrollment in, or the ability
33to complete, courses for which he or she is otherwise eligible,
34including courses necessary to attend an institution of higher
35education, regardless of whether those courses are required for
36statewide graduation requirements.
37(h) If a pupil in foster care, or a pupil who is a homeless child
38or youth, is not exempted from local graduation requirements or
39has previously declined the exemption pursuant to this section, a
P24 1school district shall exempt the pupil at
any time if an exemption
2is requested by the pupil and the pupil qualifies for the exemption.
3(i) If a pupil in foster care, or a pupil who is a homeless child
4or youth, is exempted from local graduation requirements pursuant
5to this section, a school district shall not revoke the exemption.
6(j) begin insert(1)end insertbegin insert end insertIf a pupil in foster care is exempted from local graduation
7requirements pursuant to this section, the exemption shall continue
8to apply after the termination of the court’s jurisdiction over the
9pupil while he or she is enrolled in school or if the pupil transfers
10to another school or school district.
11(2) If a pupil who is a homeless child or youth is exempted from
12local graduation requirements pursuant to this section, the
13exemption shall continue to apply after the pupil is no longer a
14homeless child or youth while he or she is enrolled in school or if
15the pupil transfers to another school or school district.
16(k) A school district shall not require or request a pupil in foster
17care, or a pupil who is a homeless child or youth, to transfer schools
18in order to qualify the pupil for an exemption pursuant to this
19section.
20(l) (1) A pupil in foster care, the person holding the right to
21make educational decisions for the pupil, the pupil’s social worker,
22or the pupil’s probation officer shall not request a transfer
solely
23to qualify the pupil for an exemption pursuant to this section.
24(2) A pupil who is a homeless child or youth, the person holding
25the right to make educational decisions for the pupil, or the local
26educational agency liaison for homeless children and youth
27designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
28the United States Code, shall not request a transfer solely to qualify
29the pupil for an exemption pursuant to this section.
30(m) (1) A complaint of noncompliance with the requirements
31of this section may be filed with the local educational agency under
32the Uniform Complaint Procedures set forth in Chapter 5.1
33(commencing with Section 4600) of Division 1 of Title 5 of the
34California Code of Regulations.
35(2) A complainant not satisfied with the decision of a local
36educational agency may appeal the decision to the department
37pursuant to Chapter 5.1 (commencing with Section 4600) of
38Division 1 of Title 5 of the California Code of Regulations and
39shall receive a written decision regarding the appeal within 60
40days of the department’s receipt of the appeal.
P25 1(3) If a local educational agency finds merit in a complaint, or
2the Superintendent finds merit in an appeal, the local educational
3agency shall provide a remedy to the affected pupil.
4(4) Information regarding the requirements of this section shall
5be included in the annual notification distributed to, among others,
6pupils, parents or guardians of pupils, employees, and other
7interested
parties pursuant to Section 4622 of Title 5 of the
8California Code of Regulations.
Section 51225.2 of the Education Code is amended to
10read:
(a) (1) For purposes of this section, “pupil in foster
12care” means a child who has been removed from his or her home
13pursuant to Section 309 of the Welfare and Institutions Code, is
14the subject of a petition filed under Section 300 or 602 of the
15Welfare and Institutions Code, or has been removed from his or
16her home and is the subject of a petition filed under Section 300
17or 602 of the Welfare and Institutions Code.
18(2) For purposes of this section, “pupil who is a homeless child
19or youth” means a pupil who meets the definition of “homeless
20child or youth” in Section 11434a(2) of Title 42 of the United
21States Code.
22(b) Notwithstanding any other law, a school district and county
23
office of education shall accept coursework satisfactorily completed
24by a pupil in foster care or a pupil who is a homeless child while
25attending another public school, a juvenile court school, or a
26nonpublic, nonsectarian school or agency even if the pupil did not
27complete the entire course and shall issue that pupil full or partial
28credit for the coursework completed.
29(c) The credits accepted pursuant to subdivision (b) shall be
30applied to the same or equivalent course, if applicable, as the
31coursework completed in the prior public school, juvenile court
32school, or nonpublic, nonsectarian school or agency.
33(d) A school district or county office of education shall not
34require a pupil in foster care or a pupil who is a homeless child or
35youth to retake a course if the
pupil has satisfactorily completed
36the entire course in a public school, a juvenile court school, or a
37nonpublic, nonsectarian school or agency. If the pupil did not
38complete the entire course, the school district or county office of
39education shall not require the pupil to retake the portion of the
40course the pupil completed unless the school district or county
P26 1office of education, in consultation with the holder of educational
2rights for the pupil, finds that the pupil is reasonably able to
3complete the requirements in time to graduate from high school.
4When partial credit is awarded in a particular course, the pupil in
5foster care or the pupil who is a homeless child or youth shall be
6enrolled in the same or equivalent course, if applicable, so that the
7pupil may continue and complete the entire course.
8(e) A pupil in foster care or a
pupil who is a homeless child or
9youth shall not be prevented from retaking or taking a course to
10meet the eligibility requirements for admission to the California
11State University or the University of California.
12(f) (1) A complaint of noncompliance with the requirements
13of this section may be filed with the local educational agency under
14the Uniform Complaint Procedures set forth in Chapter 5.1
15(commencing with Section 4600) of Division 1 of Title 5 of the
16California Code of Regulations.
17(2) A complainant not satisfied with the decision of a local
18educational agency may appeal the decision to the department
19pursuant to Chapter 5.1 (commencing with Section 4600) of
20Division 1 of Title 5 of the California Code of Regulations and
21shall receive a written decision
regarding the appeal within 60
22days of the department’s receipt of the appeal.
23(3) If a local educational agency finds merit in a complaint, or
24the Superintendent finds merit in an appeal, the local educational
25agency shall provide a remedy to the affected pupil.
26(4) Information regarding the requirements of this section shall
27be included in the annual notification distributed to, among others,
28pupils, parents or guardians of pupils, employees, and other
29interested parties pursuant to Section 4622 of Title 5 of the
30California Code of Regulations.
Section 2.5 of this bill incorporates amendments to
32Section 48853 of the Education Code proposed by both this bill
33and Assembly Bill 224. It shall only become operative if (1) both
34bills are enacted and become effective on or before January 1,
352016, (2) each bill amends Section 48853 of the Education Code,
36and (3) this bill is enacted after Assembly Bill 224, in which case
37Section 2 of this bill shall not become operative.
Section 3.5 of this bill incorporates amendments to
39Section 48853.5 of the Education Code proposed by both this bill
40and Assembly Bill 224. It shall only become operative if (1) both
P27 1bills are enacted and become effective on or before January 1,
22016, (2) each bill amends Section 48853.5 of the Education Code,
3and (3) this bill is enacted after Assembly Bill 224, in which case
4Section 3 of this bill shall not become operative.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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