BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 379|
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                                   THIRD READING 


          Bill No:  AB 379
          Author:   Gordon (D)
          Amended:  6/17/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  9-0, 6/24/15
           AYES:  Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning,  
            Pan, Vidak

           SENTATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 6/2/15 - See last page for vote

           SUBJECT:   Foster youth:  complaint of noncompliance


          SOURCE:    Alliance for Childrens Rights

          DIGEST:   This bill expands the Uniform Complaint Procedures to  
          include complaints of non-compliance 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.

          ANALYSIS: 
          
          Existing law:  

          1)Establishes rights for youth who are in foster care or who are  








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            homeless (where indicated), including:

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


             b)   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)


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


             d)   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)


             e)   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)


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


          1)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  







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            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) 

          2)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)

          3)Requires the Office of the State Foster Care Ombudsperson to  
            produce a poster delineating the rights of foster children and  
            youth, and post it in specified foster care settings. (Health  
            and Safety Code § 1530.91)

          4)Requires, though regulation, LEAs to adopt uniform complaint  
            procedures through which the public can register complaints  
            regarding educational programs and rights. (California Code of  
            Regulations, Title 5, § 4600 et seq.)  


          5)Establishes the Office of the State Foster Care Ombudsperson  
            within the California Department of Social Services.  The  
            Ombudsperson is responsible, among other things, for accepting  
            and resolving complaints relating to the rights (primarily  
            non-educational) of foster youth.  (Welfare and Institutions  
            Code § 16160 et seq.)


          This bill:


       1)Authorizes a complaint of non-compliance of certain educational  
            rights afforded to students in foster care and students who  
            are homeless to be filed with a LEA under the Uniform  
            Complaint Procedures (UCP).

       2)Authorizes a complainant who is not satisfied with the decisions  
            of a LEA to appeal the decision to the California Department  
            of Education (CDE) through the existing UCP appeal process,  
            and requires that the complainant receive a written decision  
            regarding the appeal within 60 days of the CDE's receipt of  







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            the appeal.  

       3)Requires the LEA to provide a remedy to the affected student if  
            the LEA or the Superintendent of Public Instruction finds  
            merit in a complaint.

       4)Requires that information regarding the rights and  
            responsibilities be included in the annual notification  
            required by the UCP.  

       5)Provides that the following educational rights and  
            responsibilities are subject to the UCP:

             a)   A student in foster care who resides in a licensed  
               children's institution or foster family home must attend a  
               school operated by the LEA except under specified  
               circumstances.

             b)   Students in foster care must be allowed to remain  
               enrolled in their school of origin when a placement change  
               occurs and pending resolution of a dispute regarding school  
               placement.  

             c)   All educational and school placement decisions regarding  
               students in foster care must be made to ensure that the  
               student is placed in the least restrictive educational  
               programs and have access to academic resources, services,  
               and extracurricular and enrichment activities that are  
               available to all students.  

             d)   Each LEA must designate a staff person as the  
               educational liaison for foster youth, who is responsible  
               for ensuring the proper educational placement and  
               enrollment of students, assisting in school transfer, and  
               coordinating with other personnel regarding expulsion  
               proceedings.

             e)   Students in foster care must be immediately enrolled  
               when transferring to a new school, even if the student has  
               outstanding fees or fines or is unable to produce school  
               records, and the transfer of the student's records must  
               occur within two business days of receipt of a request for  
               records.  








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             f)   The LEA must compile the complete educational record for  
               a student in foster care, including a determination of seat  
               time, full or partial credits earned, and current classes  
               and grades.

             g)   The LEA must ensure that if a student in foster care is  
               absent due to a placement change made by the court or  
               placing agency, or a court required appearance or activity,  
               the student's grades and credits will not be lowered due to  
               this absence.

             h)   A school district must exempt a student who is in foster  
               care or is homeless, who transfers schools after the second  
               year of high school, from locally-imposed graduation  
               requirements.  

             i)   LEAs must award and accept full or partial credit for  
               coursework satisfactorily completed by students in foster  
               care or students who are homeless while attending other  
               schools, even if the student did not complete the entire  
               course.  The credits must be applied to the same or  
               equivalent course, the LEA cannot require a student to  
               retake a course if the student has satisfactorily completed  
               the course, and the student must be allowed to complete the  
               same or equivalent course when partial credit is awarded.

          Background
          
          Uniform Complaint Procedures.  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 regulations, not state statute.   
          These regulations require the adoption of the UCP by school  
          districts, county offices of education, charter schools  
          receiving federal funds, and local public or private agencies  
          which receive direct or indirect state funding to provide school  
          programs or special education or related services.  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.







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          3)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 within 60 days.

          5)A request for reconsideration by the complainant or LEA within  
            35 days of receiving CDE's response to the appeal.

          6)A response by the CDE within 35 days.

          Complaints regarding pupil fees, harassment, discrimination,  
          bullying, intimidation, local control accountability plans and  
          some charter school requirements generally follow the UCP, but  
          differ slightly in terms of timelines, anonymity of  
          complainants, confidentiality, and with whom a complaint can be  
          filed.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, 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 LEAs to investigate and resolve  
            complaints.   LEAs would also incur one-time costs to update  
            the annual UCP notice.  See staff comments.  


           The CDE indicates that this bill requires 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.




          Assuming 10% of school districts receive complaints for  
          noncompliance and submit a reimbursable state mandate claim,  







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          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 on State Mandates 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.




          SUPPORT:   (Verified8/27/15)


          Alliance for Children's Rights (source)
          All Saints Foster Care Project
          American Federation of State, County and Municipal Employees
          John Burton Foundation for Children Without Homes
          Public Counsel


          OPPOSITION:   (Verified8/27/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the Alliance for  
          Children's Rights, "although foster youth have possessed many  
          educational rights for over ten years, the reality is that the  
          education rights of foster youth are routinely ignored,  One  
          reason for this is the lack of an appropriate enforcement  
          mechanism.  This problem can be remedied by including foster  
          youth education rights in the California Department of  
          Education's existing Uniform Complaint Procedure."


          ASSEMBLY FLOOR:  78-0, 6/2/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  







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            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Chávez, Grove

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          8/30/15 19:42:05


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