BILL ANALYSIS Ó AB 379 Page 1 Date of Hearing: April 22, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 379 (Gordon) - As Amended April 7, 2015 ----------------------------------------------------------------- |Policy | Education |Vote:| | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 379 Page 2 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 AB 379 Page 3 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." AB 379 Page 4 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 AB 379 Page 5 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. AB 379 Page 6 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 AB 379 Page 7