BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 379 (Gordon) - Foster youth: complaint of noncompliance.
          
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          |Version: June 17, 2015          |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: July 6, 2015      |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  This bill expands the Uniform Complaint Procedures to  
          include complaints of noncompliance with certain rights and  
          responsibilities regarding the education of students who are in  
          foster care or who are homeless, including school placement  
          decisions, responsibilities of foster youth liaisons, provisions  
          regarding school transfers, exemption from locally-imposed  
          graduation requirements, and the awarding of partial credit for  
          completed coursework.  


          Fiscal  
          Impact:  This bill could drive a significant increase in state  
          costs, depending on how many complaints and appeals are filed.
           Mandate: Unknown, potentially significant ongoing reimbursable  
            state mandate costs for local educational agencies (LEAs) to  
            investigate and resolve complaints.   LEAs would also incur  
            one-time costs to update the annual UCP notice.  See staff  
            comments.  
           The California Department of Education (CDE) indicates that  







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            this bill would require 1.5 positions and $192,000 General  
            Fund.  Actual workload would depend on the number of appeals  
            received.  The CDE currently receives between 45 and 50  
            appeals per year related to pupil fees but the department  
            experienced an initial surge in appeals when pupil fees was  
            first added.


          Background:  Existing law provides the following educational rights for  
          foster and homeless 

                 To attend a regular public school when residing in a  
               licensed children's institution, except under specified  
               circumstances.  (Education Code § 48853)


                 To 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)


                 To not have grades and credits be lowered as a result of  
               a placement change or court appearance.  (EC § 49069.5)


                 They 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)


                 Students who are in foster care or who are homeless must  
               be awarded 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)








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                 Students who are in foster care or who are homeless must  
               be exempt from local graduation requirements which exceed  
               state requirements.  (EC § 51225.1)


          Existing law requires each local educational agency (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) 

          Existing law requires each LEA to designate a staff person as  
          the education liaison for homeless youth, and requires that  
          person to ensure public notice of the educational rights of  
          students who are homeless, and to provide services pursuant to  
          the federal McKinney-Vento Homeless Assistance Act.  (United  
          States Code, Title 42, § 11432)


          Proposed Law:  
            This bill expands the Uniform Complaint Procedures (UCP) to  
          allow complaints of noncompliance to be filed with the LEA for  
          certain existing rights of students who are in foster care or  
          are homeless.  Areas in which complaints can be made include  
          school placement decisions, responsibilities of foster youth  
          liaisons, school transfer requirements, exemption from  
          locally-imposed graduation requirements, and the awarding of  
          partial credit for completed coursework.  

          This bill requires that if the local educational agency finds  
          merit in the complaint, or the CDE finds merit in an appeal, the  
          local educational agency must provide a remedy to the affected  
          student.  This bill authorizes appeals of LEA decisions to the  
          CDE and requires the complainant seeking the appeal to receive a  
          written decision within 60 days.  This bill also requires that  
          information regarding the rights of foster care or homeless  
          students and the ability to file a complaint through the UCP  
          process to be included in the annual notification requirement by  
          the UCP.









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          Related  
          Legislation:  The following bills expand the UCP to include  
          additional areas in which complaints may be filed with LEAs.
                 AB 1391 (Gomez, 2015) regarding the required minimum  
               instructional minutes for physical education.  AB 1391 is  
               pending in this committee.  

                 SB 81 (Committee on Budget and Fiscal Review, 2015)  
               regarding an alleged violation by a local agency of federal  
               or state law or regulations governing adult education  
               programs or regional occupational centers and programs.  SB  
               81 is enrolled.

                 SB 425 (Hernandez, 2015) regarding an alleged violation  
               by a local agency of federal or state law or regulations  
               governing adult education programs or regional occupational  
               centers and programs, including allegations of unlawful  
               discrimination, harassment, intimidation, or bullying.  SB  
               425 is pending in the Assembly Higher Education Committee.   
               AB 907 (Burke, 2015) is nearly identical to SB 425.  AB 907  
               is pending in the Senate Education Committee.

                 AB 1012 (Jones-Sawyer, 2015) regarding provisions in the  
               bill including prohibiting a school district from assigning  
               any students in grades 7-12 to any "course period without  
               educational content", unless specifically authorized.  AB  
               1012 is pending in the Senate Education Committee.

                 AB 302 (Cristina Garcia, 2015) regarding provisions in  
               the bill for LEAs to provide reasonable accommodations for  
               a student breastfeeding.  AB 302 is pending in the Senate  
               Education Committee.


          Staff  
          Comments:  This bill expands the UCP process to include  
          additional areas in which complaints can be made to LEAs  
          regarding violating certain educational rights of foster youth  
          and homeless students.  Once a complaint is received, LEAs are  
          required to investigate and resolve the claims in accordance  
          with requirements in state regulations.  This bill also requires  
          the information regarding the rights of foster care or homeless  
          students and the ability to file a complaint through the UCP  








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          process to be included in the school district's annual UCP  
          notification.
          The Commission on State Mandates approved a test claim in 2012  
          related to the filing, investigation, and resolution of two  
          types of complaints: those that claim violations of laws  
          governing specified educational programs and those that claim  
          discrimination in violation of antidiscrimination laws.   
          According to the Commission's draft statewide cost estimate,  
          costs submitted by 12 school districts varied due to the type of  
          staff used and the time staff took to handle claims.  Staff were  
          paid between $52 and $175 per hour and spent from nine to 105  
          hours per claim.  


          Assuming ten percent of school districts receive complaints for  
          noncompliance and submit a reimbursable state mandate claim,  
          costs could be between $47,000 and $1.8 million based on the  
          range of costs incurred by school districts for the existing UCP  
          mandate.  If the Commission determines the requirements of this  
          bill to be a state reimbursable mandate, this could create  
          pressure for the state to increase funding in the K-12 mandate  
          block grant to reflect its inclusion.




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