BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 379


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          Date of Hearing:   April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          379 (Gordon) - As Amended April 7, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY: This bill makes complaints alleging violations of  
          certain educational rights afforded to homeless and foster care  
          students subject to the Uniform Complaint Procedures (UCP), and  
          establishes an expedited process for complaints regarding  
          certain rights and on behalf of certain students.  This bill  
          also places limits on the time students can be educated in  








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          emergency shelters.  Specifically, this bill:


          1)Establishes an expedited complaint process for certain rights  
            granted to students in foster care.  Under this procedure,  
            local education agencies (LEAs) would be required, within five  
            school days (instead of 60 days) of receiving a complaint  
            alleging a violation of the rights below, to conduct a  
            complete investigation and prepare a written decision.  If  
            these decisions were to be appealed to the California  
            Department of Education (CDE), the Department would have 30  
            days to issue a written decision (instead of 60 days to  
            investigate and 60 days to send a written opinion).  The  
            rights subject to this expedited complaint process include:


             a)   The right of a student to remain in his/her school of  
               origin pending the resolution of a dispute regarding  
               educational placement. 


             b)   The requirement of immediate enrollment in a new school  
               of a student in foster care, even if the student has  
               outstanding fees, fines, textbooks, or money due to the  
               prior school, or is unable to produce clothing or records  
               (such as academic, medical, immunization, and residency  
               records) required for enrollment.  


             c)   The requirement that the educational liaison transfer  
               all academic and other records within two business days of  
               a foster child's request for enrollment.  The educational  
               liaison from the prior school is required to provide all  
               requested records within two business days of receipt of  
               the request.


          2)Requires the expedited form of the UCP described above for  
            complaints regarding certain rights of students in foster  








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            care, who are homeless and in the final grading period of  
            their fourth year of high school.  These rights include:


             a)   The exemption of students in foster care (including  
               those whose court jurisdiction has been terminated) and  
               students who are homeless from any locally adopted  
               graduation requirements which are in excess of state  
               graduation requirements, unless the school district finds  
               that students are reasonably able to meet these  
               requirements in time to graduate in four years.


             b)   The requirement that LEAs allow students who can meet  
               these graduation requirements in five years to stay  
               enrolled for a fifth year.  


             c)   The prohibitions on the transfer of students to other  
               schools in order to qualify them for exemption from local  
               graduation requirements.  


          3)Limits the amount of time a student can be educated in an  
            emergency shelter to five days, and specifies that the  
            determination of the "best interests" of the student in  
            educational placement is to be made by the parent, guardian,  
            or other person holding educational rights for the student.   
            Makes complaints regarding these requirements subject to the  
            UCP.


          4)Requires that, if after an investigation either a local or  
            state agency decision finds that an LEA has violated a  
            student's right to remain in his or her school of origin  
            pending a dispute regarding school placement, and that  
            violation has resulted in an interruption in the student's  
            school attendance, the student shall be awarded "compensatory  
            educational services."








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          5)Requires that information regarding the above requirements be  
            included in the annual notification required by the UCP.


          FISCAL EFFECT:


          1)Unknown, potentially significant, Proposition 98/GF state  
            mandated costs to expand the existing UCP mandate to require  
            LEAs to investigate and respond to complaints of  
            non-compliance within five days.


            According to the Commission on State Mandates (CSM) statewide  
            cost estimate for the existing UCP mandate, claims ranged from  
            $52 per hour to $175 per hour for anywhere from 9 hours to 105  
            hours of work.  There are 1044 school districts in California.  
            For illustration, if 5% to 10% of districts submit similar  
            claims, costs could range from $70,000 to $1 million. 


          2)Unknown administrative costs to the California Department of  
            Education (CDE) to process appeals. For illustration, when  
            complaints related to charging pupil fees was added to the UCP  
            process in 2013, 121 new claims were submitted in the first  
            nine months.  Annual claims have since leveled to around 40  
            claims per year.  CDE may need additional limited-term staff  
            should this bill result in a similar increase. 


          COMMENTS:


          1)Uniform Complaint Procedures Process. Required by federal law,  
            the UCP was established in 1991 as a means of creating a  
            "uniform system of complaint processing" for educational  
            programs. The authority for this process is located in  








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            regulations, not state statute.  Complaints permitted under  
            this process include violations of state law regarding certain  
            educational programs, discrimination, harassment and civil  
            rights. Parents, students, employees, and community members  
            can file complaints on behalf of themselves or on behalf of  
            another individual.  Most procedural activities required under  
            the state's UCP have been found to be reimbursable mandates.  
            Reimbursement is not required when the complaint involves  
            discretionary programs or when discrimination occurs on the  
            basis of sex, age, or disability, as federal law already  
            requires districts to adopt policies to resolve these  
            complaints.   
            


            The UCP process generally involves the following steps:





             1)   The filing of a complaint by an individual, agency, or  
               organization.
             2)   The investigation and written response by the LEA within  
               60 days.


             3)   If elected, an appeal by the complainant to the CDE  
               within 15 days of receiving the LEA response.


             4)   The response by the CDE to the appeal, with the  
               investigation completed with 60 days.


             5)   If eligible and elected, a request for reconsideration  
               by the complainant or LEA within 35 days of receiving CDE's  
               response to the appeal.









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             6)   A response by the CDE within 35 days.


          1)K-12 mandate block grant.  In 2013, the CSM determined the UCP  
            to be a reimbursable state mandate with an estimated annual  
            cost of $34,751.  The following year the Legislature added the  
            UCP to the K-14 Education Mandate Block Grant.  Under the  
            block grant, a school district, charter school, or county  
            office of education may choose to receive a per-pupil  
            allocation to conduct existing K-12 mandated activities rather  
            than wait to receive full payment under the existing claims  
            process, which the state has deferred paying for a number of  
            years.   


            Although the existing mandate costs are low, this bill  
            significantly expands the UCP by requiring LEAs to investigate  
            and provide a written response within five days of the  
            complaint.  This could result in significant workload for  
            LEAs. As a result, LEAs could file a claim with the CSM to  
            re-determine the existing mandate or file a new mandate claim  
            to consider the new activities required under this bill.  If  
            the CSM determines these requirements impose a higher level of  
            service, this could place pressure on the Legislature to  
            increase funding under the K-12 Mandate Block Grant. 






          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081













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