BILL ANALYSIS Ó AB 379 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 379 (Gordon) As Amended September 4, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 78-0 | (June 2, |SENATE: |40-0 | (September 10, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: ED. SUMMARY: Makes complaints alleging violations of certain educational rights afforded to students in foster care and students who are homeless subject to the Uniform Complaint Procedures (UCP). The Senate amendments: 1)Delete the proposed five day limitation on the period during which educational services may be provided to homeless students in emergency shelters. 2)Incorporate changes made by AB 1166 (Bloom), Chapter 171, Statutes of 2015. AB 379 Page 2 3)Add chaptering out amendments. EXISTING LAW: 1)Grants certain educational rights (many of which are described above) to students in foster care and those who are homeless. In addition, current law deems students in foster care whose residential placement has been changed, and those who are homeless, to have met residency requirements for the purpose of participation in interscholastic sports and other extracurricular activities, grants certain rights in expulsion proceedings, guarantees equal access to extracurricular activities, and requires education in the least restrictive environment. Existing law also requires all local educational agencies (LEAs) to designate a staff person to be the educational liaison for students in foster care. 2)Through regulation, requires LEAs to adopt uniform complaint procedures through which the public can register complaints regarding educational programs and rights. (California Code of Regulations, Title 5, Section 4600). 3)Authorizes a modified complaint process known as "Williams Complaints" through statute (Education Code Section 35186) for complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, teacher vacancy or misassignment, and instructional services provided to students who have not passed the High School Exit Examination. Existing law also authorizes complaints through the UCP for harassment, intimidation, bullying, discrimination, unlawful pupil fees, and violations of the law regarding Local Control Accountability Plans (LCAPs). 4)Establishes, in the Welfare and Institutions Code Sections 16160 to 16167, the Office of the State Foster Care Ombudsperson within the California Department of Social AB 379 Page 3 Services. The Ombudsperson is responsible, among other things, for accepting and resolving complaints relating to the rights (primarily non-educational) of foster youth. FISCAL EFFECT: 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. 1)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. 2)The California Department of Education (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, 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. COMMENTS: The "Invisible Achievement Gap." A 2013 report by the Center for the Future of Teaching and Learning at WestEd, titled "The AB 379 Page 4 Invisible Achievement Gap," for the first time linked education and child welfare data to identify the achievement gap for students in foster care relative to their peers. It found, based on 2009-10 educational data, that students in foster care represented a subgroup distinct in many ways from other low-income students. Among the findings in this report were that foster youth: 1)Have among the lowest scores in English-language arts. 2)Have the lowest scores in mathematics of any subgroup. 3)Have the highest dropout rate, nearly three times the rate of other students. 4)Have the lowest high school graduation rate of any subgroup. The report also found that students in foster care are more likely to change schools during the school year, more likely to be enrolled in low-performing schools, less likely to participate in state assessments, and significantly more likely to be enrolled in nontraditional schools. The 2013 legislation establishing Local Control Funding Formula [AB 97 (Budget Committee) Chapter 47, Statutes of 2013] recognized foster youth as a special population of students requiring more attention, and required LEAs to identify ways in which they will improve the educational outcomes of these students in their LCAPs. A recent report commissioned by the National Youth Law Center on the implementation of these requirements noted that while "LCFF has begun to shine a bright light on the needs of foster youth," problems persist in the areas of data sharing, the shortage of educational rights holders, and compliance with the law regarding records transfer and school enrollment, among others. The report found that "on balance, initial LCAPs did not recognize the needs of foster AB 379 Page 5 youth." The UCP, Williams Complaints, and fee, bullying, and LCAP complaints. 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 is used for complaints regarding a number of state and federal programs, including adult education, child care and development, regional occupational centers and programs, state preschool, child nutrition, and numerous federal education programs. In addition, complaints may be filed under the UCP regarding discrimination, harassment, bullying, intimidation, unlawful pupil fees, certain charter school requirements, and violations of the law establishing LCAPs. Complaints made under the UCP may be filed by an individual, public agency, or organization. Not all matters of educational law are covered by the UCP (complaints regarding the federal school lunch program, for example, are filed with the United States Department of Agriculture), but LEAs may use the UCP if they so choose to process some other complaints. CDE monitors for compliance with the UCP through its compliance monitoring activities. Complaints regarding pupil fees, harassment, discrimination, bullying, intimidation, LCAPs and some charter school requirements generally follow the UCP, but differ slightly in terms of timelines, anonymity of complainants, confidentiality, AB 379 Page 6 and with whom a complaint can be filed. Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002393