BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 379


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          379 (Gordon)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  | 78-0 | (June 2,      |SENATE: |40-0  | (September 10,  |
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          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.










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          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  








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            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  








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          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  








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          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,  








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          and with whom a complaint can be filed.  

          Analysis Prepared by:                                             
                          Tanya Lieberman / ED. / (916) 319-2087  FN:  
          0002393