California Legislature—2015–16 Regular Session

Assembly Bill No. 854

Introduced by Assembly Member Weber

February 26, 2015

An act to amend Sections 42920.5, 42921, 42922, 42923, and 42924 of, to add Sections 42921.5, 42926, and 42927 to, and to repeal and add Sections 42920 and 42925 of, the Education Code, relating to educational services.

LEGISLATIVE COUNSEL’S DIGEST

AB 854, as introduced, Weber. Educational services: pupils in foster care.

(1) Existing law requires 6 specified foster children services program sites to receive a certain allowance that is required to be used exclusively for foster children services. Existing law authorizes any county office of education, or consortium of county offices of education, to apply to the Superintendent of Public Instruction for grant funding, to the extent the funds are available, to operate an education-based foster youth services program to provide educational and support services for foster children who reside in a licensed foster home or county-operated juvenile detention facility, as specified.

This bill would instead authorize a county office of education, or consortium of county offices of education, to apply to the Superintendent for grant funding, to the extent funds are available, to operate an education-based foster youth services program to provide educational support for pupils in foster care.

(2) Existing law also requires each foster youth services program to identify at least one person as the foster youth educational services coordinator, if sufficient funds are available, and assigns the foster youth services program certain responsibilities, and requires him or her to facilitate the provision of educational services, as provided, to certain foster youth. Existing law authorizes a foster youth services program to prescribe a methodology for determining which pupils may be served.

This bill would instead require the identified foster youth educational services coordinator to facilitate the provision of educational support to any pupil in foster care residing or attending school in the county, as specified. The bill would require a foster youth services program, in consultation with the county social services agency and county probation department, to prescribe the methodology for designing specific educational supports for pupils in foster care, as specified. The bill would require each foster youth services program to develop and implement a foster youth services plan, as specified, and to assist school districts in developing and implementing certain portions of their local control and accountability plans, as specified. The bill would require each foster youth services program to establish an interagency oversight board, as provided. This bill would require each foster youth services program to assist school districts in specific ways, and would require each school district or charter school to designate a schoolsite-based staff person as a liaison to pupils in foster care if a schoolsite has one or more pupils in foster care, and to provide the liaison’s contact information to the county foster youth services coordinator. By imposing additional duties on school districts and charter schools, the bill would impose a state-mandated local program.

(3) Existing law requires the Superintendent, by February 15 of each even-numbered year, to report to the Legislature and the Governor on the foster children services provided by school districts, as specified, and requires each school district providing foster children services to report to the Superintendent, by January 1 of each even-numbered year, any information the Superintendent may require for purposes of preparing the report.

The bill would instead require each county office of education providing foster youth services to report to the Superintendent, by January 1 of each even-numbered year, any information the Superintendent may require for purposes of preparing the report that is submitted to the Legislature and the Governor by February 15 of each even-numbered year, and would require the report to include different information, including aggregate educational outcome data, as specified.

(4) Existing law provides that any school district which provides educational services for foster children pursuant to the provisions above shall receive funding in any fiscal year for those services only by such sums as may be specifically appropriated by the annual Budget Act of the Legislature for that fiscal year for support of those school-centered foster children services which provide program effectiveness and potential cost savings to the state.

This bill would instead provide that a county office of education that provides education support for pupils in foster care shall receive funding in any fiscal year for that support only by such sums as may be specifically appropriated by the annual Budget Act of the Legislature for that fiscal year for support of foster youth services programs that provide pupils in foster care with supplemental educational support. The bill also would require county offices of education to develop and enter into a memorandum of understanding with the county child welfare agency to leverage funding, as specified.

(5) This bill also would require the Superintendent to identify a State Foster Youth Services Director within the State Department of Education who would have certain responsibilities related to foster youth services programs, and would authorize the State Foster Youth Services Director to form an advisory committee, as specified. The bill would also authorize the Superintendent to provide funding to one or more local educational agencies to work with the State Foster Youth Services Director to provide the statewide technical support needed to improve the educational success of pupils in foster care, as specified.

(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 42920 of the Education Code is repealed.

begin delete

42920.  

(a) The Legislature finds as follows:

(1) It is essential to recognize, identify and plan for the critical
and unique needs of children residing in licensed community care
facilities.

(2) A high percentage of these foster children are working
substantially below grade level, are being retained at least one year
in the same grade level, and become school dropouts.

(3) Without programs specifically designed to meet their
individual needs, foster children are frequently dysfunctional
human beings at great penal and welfare costs.

(b) The Legislature further finds and declares that the instruction,
counseling, tutoring, and related services for foster children that
provide program effectiveness and potential cost savings shall be
a state priority. Funding for that purpose is hereby provided to the
following unified school districts and consortia that have
successfully operated foster children services program sites: Elk
Grove, Mount Diablo, Sacramento City, San Juan, and Paramount,
and the Placer-Nevada consortium.

end delete

SEC. 2.  

Section 42920 is added to the Education Code, to read:

42920.  

The Legislature finds and declares all of the following:

(a) Pupils in foster care represent one of the most vulnerable
and academically at-risk pupil groups enrolled in California
schools. The academic status of pupils in foster care is often
profoundly impacted by the foster care system in which many
pupils in foster care experience multiple placements with an
average frequency of one placement change every six months. Due
to this movement, pupils in foster care lose an average of four to
six months of educational attainment with each move. Therefore,
it is essential to recognize, identify, and plan for the critical and
unique educational needs of pupils in foster care.

(b) A high percentage of pupils in foster care are working
substantially below grade level, and over one-half of the pupils in
foster care are retained at least one year in the same grade level.
Pupils in foster care earn lower grades and achieve lower scores
on standardized achievements tests in reading and mathematics,
have lower levels of engagement in school, and are half as likely
as pupils not in foster care to be involved in extracurricular
activities. The long-term consequences of poor academic
experiences are significant. Pupils in foster care are twice as likely
as pupils not in foster care to drop out of school before graduation
and only 45 percent of pupils in foster care have graduated from
high school at the time of emancipation. Foster youth are similarly
under represented in college enrollment rates and dramatically
underperform their peers in relation to college completion. Pupils
in foster care are also subject to disproportionate levels of
disciplinary measures, including suspension and expulsion. It is
imperative that California close the foster youth achievement gap
so that pupils in foster care can realize their full potential, reach
their college and career goals, and become independent, productive
members of society.

(c) Foster youth are an especially vulnerable pupil population,
as they are often also members of other underserved pupil groups.
In 2013, the demographic data of pupils in foster care in California
were as follows:

(1) The largest ethnic group amongst pupils in foster care was
Hispanic, with nearly half of the population.

(2) African American and Native American pupils continue to
be disproportionately represented in the child welfare system, as
researchers found that 26 percent of pupils in foster care were
African American despite African Americans only accounting for
7 percent of the pupil population in California, and 2 percent of
pupils in foster care were Native American despite Native
Americans only accounting for 1 percent of the pupil population
in California.

(3) Nearly one in five pupils in foster care had special education
needs, which is over twice the rate of the statewide pupil
population.

(4) More than one in ten pupils in foster care were English
learners.

(d) Compounded by the research that indicates that there is a
need for California to close the achievement gap between specific
ethnic pupil populations and white pupils, addressing the foster
youth achievement gap will further efforts that support education
equity for all pupils.

(e) Given their current academic status, pupils in foster care are
more likely to achieve to their full potential when they are provided
services and programs designed to meet their particular needs,
including, but not limited to, supplemental instruction, counseling,
tutoring, and other support services.

(f) Policies and laws addressing the educational rights of pupils
in foster care must be implemented so that pupils in foster care are
immediately enrolled in school, provided access to meaningful
opportunities to meet state academic standards, educated in the
least restrictive educational environment, and provided access to
a rigorous curriculum, adequately prepared to enter postsecondary
education, and afforded the academic resources, services, and
extracurricular and enrichment activities available to other pupils
enrolled in California’s public schools.

(g) Foster youth services programs provide pupils in foster care
needed educational support and are a state priority.

SEC. 3.  

Section 42920.5 of the Education Code is amended to
read:

42920.5.  

(a)  begin insert (1) end insert begin insert   end insert Commencing with fiscal year 1982-83, and
each fiscal year thereafter, each of the begin insert following end insert six begin insert foster youth
services end insert program begin delete sites specified in subdivision (b) of Section 42920 end delete
begin insert sites: Elk Grove, Mount Diablo, Sacramento City, San Juan,
Paramount, and the Placer Nevada consortium, end insert shall receive, in
addition to the base revenue limit, an allowance from the amount
annually transferred to Section A of the State School Fund equal
to the amount the district spent on foster children service programs
in fiscal year 1981-82, adjusted to reflect cost-of-living increases
by the total percentage increase received by all categorical
education programs. In no event shall this cost-of-living adjustment
exceed the inflation adjustment provided pursuant to Section
42238.

begin delete

This

end delete

begin insert (2) end insert begin insert   end insert begin insert This end insert allowance shall be used exclusively for foster children
services.

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert six program sites may continue to record revenue
received pursuant to this subdivision in the same manner used to
record revenue received for foster children services in the 1981-82
fiscal year.

begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert six program sites shall maintain their foster children
services programs in fiscal year 1995-96 and each subsequent
fiscal year at a program level comparable to that at which they
administered those programs in fiscal year 1994-95.

(b) Commencing with fiscal year 1982-83, the base revenue of
each of the six school districts specified in begin insert paragraph (1) of end insert
subdivision begin delete (b) of Section 42920 end delete begin insert (a) end insert shall be permanently reduced
in an amount equal to the amount spent on foster children services
in fiscal year 1981-82.

SEC. 4.  

Section 42921 of the Education Code is amended to
read:

42921.  

(a) In addition to the six program sites specified in
Section begin delete 42920, any end delete begin insert 42920.5, a end insert county office of education, or
consortium of county offices of education, may elect to apply to
the Superintendent begin delete of Public Instruction end delete for grant funding, to the
extent funds are available, to operate an education-based foster
youth services program to provide educational begin delete and end delete support begin delete services
for foster children who reside in a licensed foster home or
county-operated juvenile detention facility. The provision of
educational and support services to foster youth in licensed foster
homes shall also apply to foster youth services programs in
operation as of July 1, 2006, and receiving grant funding. end delete begin insert for pupils
in foster care. end insert

(b) Each foster youth services program operated pursuant to
this chapter, begin delete if sufficient funds are available, end delete shall have at least
one person identified as the foster youth educational services
coordinator. The foster youth educational services coordinator
shall facilitate the provision of educational begin delete services end delete begin insert support end insert
pursuant to subdivision begin delete (d) to any foster child in the county who
is either under the jurisdiction of the juvenile court pursuant to
Section 300 of the Welfare and Institutions Code or under the
jurisdiction of the juvenile court pursuant to Section 601 or 602
of the Welfare and Institutions Code who is placed in a licensed
foster home or county-operated juvenile detention facility. A
program operated pursuant to this chapter may prescribe the
methodology for determining which children may be served.
Applicable methodologies may include, but are not limited to,
serving specific age groups, serving children in specific geographic
areas with the highest concentration of foster children or serving
the children with the greatest academic need. It end delete begin insert (e) to any pupil in
foster care residing or attending school in the county. end insert

begin insert

(c) For purposes of this chapter, a pupil in foster care has the
same meaning as a foster youth, as defined in paragraph (b) of
Section 42238.01

end insert

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert It end insert is the intent of the Legislature that begin delete children end delete begin insert pupils in
foster care end insert with the greatest need for services be identified as the
first priority for foster youth services.

begin delete

(c) The responsibilities of the foster youth educational services
coordinator shall include, but shall not be limited to, all of the
following:

(1) Working with the child welfare agency to minimize changes
in school placement.

(2) Facilitating the prompt transfer of educational records,
including the health and education passport, between educational
institutions when placement changes are necessary.

(3) Providing education-related information to the child welfare
agency to assist the child welfare agency to deliver services to
foster children, including, but not limited to, educational status
and progress information required for inclusion in court reports
by Section 16010 of the Welfare and Institutions Code.

(4) Responding to requests from the juvenile court for
information and working with the court to ensure the delivery or
coordination of necessary educational services.

(5) Working to obtain and identify, and link children to,
mentoring, tutoring, vocational training, and other services
designed to enhance the educational prospects of foster children.

(6) Facilitating communication between the foster care provider,
the teacher, and any other school staff or education service
providers for the child.

(7) Sharing information with the foster care provider regarding
available training programs that address education issues for
children in foster care.

(8) Referring caregivers of foster youth who have special
education needs to special education programs and services.

(d) Each foster youth services program operated pursuant to
this chapter shall include guiding principles that establish a
hierarchy of services, in accordance with the following order:

(1) Provide, or arrange for the referral to, tutoring services for
foster youth.

(2) Provide, or arrange for the referral to, services that meet
local needs identified through collaborative relationships and local
advisory groups, which may include, but shall not be limited to,
all of the following:

(A) Mentoring.

(B) Counseling.

(C) Transitioning services.

(D) Emancipation services.

(3) Facilitation of timely individualized education programs, in
accordance with the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.), and of all special education services.

(4) Establishing collaborative relationships and local advisory
groups.

(5) Establishing a mechanism for the efficient and expeditious
transfer of health and education records and the health and
education passport.

(e) For purposes of this section, “licensed foster home” means
a licensed foster family home, certified foster family agency home,
court-specified home, or licensed care institution (group home).

end delete begin insert

(2) In consultation with the county social services agency and
county probation department, a foster youth services program
operated pursuant to this chapter shall prescribe the methodology
for designing specific supports for pupils in foster care, and, in
doing so, shall consider at least all of the following: the needs of
specific age groups, pupils in foster care in specific geographic
areas with the highest concentration of pupils in foster care, and
pupils in foster care with the greatest academic need. A foster
youth services program shall first provide services for pupils in
foster care who reside in group homes or other institutional
settings.

end insert begin insert

(e) Each foster youth services program operated pursuant to
this chapter shall develop and implement a foster youth services
plan documenting how the program will, to the extent possible,
do all of the following:

end insert begin insert

(1) Collaborate with county child welfare agencies, county
probation departments, and school districts to minimize changes
in school placement and support the implementation of subdivision
(c) of Section 48853.

end insert begin insert

(2) Collaborate with county child welfare agencies, county
probation departments, and school districts so that when it is in
the best interests of a pupil in foster care to transfer schools,
transfers are done at an educationally appropriate time,
educational records are quickly transferred, appropriate partial
credits are awarded, and the pupil in foster care is quickly enrolled
in appropriate classes.

end insert begin insert

(3) In an effort to support the educational achievement of pupils
in foster care, how they will do all of the following:

end insert begin insert

(A) Collaborate with county child welfare agencies, county
probation departments, and school districts to ensure pupils in
foster care have an active education team that includes an
educational rights holder, caregiver, social worker, teacher,
counselor, court appointed special advocate, other stakeholders,
and the pupil if appropriate.

end insert begin insert

(B) Participate in education teams as is helpful and needed.

end insert begin insert

(C) Help the education team assess the educational strengths
and needs of the pupil in foster care, and help develop, monitor,
and update an education plan based on those strengths and needs.

end insert begin insert

(D) Provide tutoring, mentoring, counseling, transition,
school-based social work, and emancipation services, if those
services are part of the education plan established by the education
team, and after a full evaluation that determines that the county
child welfare agency, county probation department, or school
district are unable to provide those services.

end insert begin insert

(E) Maintain information on all of the following for purposes
of ensuring that pupils in foster care, education rights holders,
and other education team members are informed of all available
opportunities:

end insert begin insert

(i) Available schools to ensure appropriate placement.

end insert begin insert

(ii) Educational programs, including linked learning programs
and special education programs.

end insert begin insert

(iii) English learner programs.

end insert begin insert

(iv) After school and summer enrichment opportunities.

end insert begin insert

(v) Other appropriate supports and services.

end insert begin insert

(F) Maintain information on postsecondary educational
institutions, career and technical education programs, and
postsecondary opportunities for purposes of ensuring that pupils
in foster care, education right holders and other members of the
education team have the information necessary to support access
to postsecondary education, career program, and related supports,
including financial aid.

end insert begin insert

(G) Collaborate with local postsecondary educational
institutions, including the California Community Colleges, the
California State University, and the University of California, and
with county independent living programs to facilitate a seamless
transition from high school to postsecondary educational
institutions, and provide pupils in foster care currently enrolled
in high school with assistance with college application,
matriculation, and financial aid.

end insert begin insert

(4) Advocate on behalf of individual pupils in foster care to
ensure appropriate:

end insert begin insert

(A) Transfer of records.

end insert begin insert

(B) Transcript analysis.

end insert begin insert

(C) Credit recovery.

end insert begin insert

(D) Individualized education programs in collaboration with
the school district in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and related
state laws.

end insert begin insert

(E) Placement in English learner programs, as needed.

end insert begin insert

(F) Enrollment in, or transition to, comprehensive schools or
the least restrictive educational placements, when appropriate.

end insert begin insert

(G) Education entitlements specific to pupils in foster care are
provided, including, but not limited to, receiving partial credits,
the right to attend the pupil’s school of origin, and modified
graduation requirements.

end insert begin insert

(5) Ensure pupils in foster care have education rights holders
with the capacity to support educational success by:

end insert begin insert

(A) Helping a school district identify the education rights holder
of a pupil in foster care.

end insert begin insert

(B) Collaborating with county child welfare agencies and county
probation departments to identify a responsible adult familiar with
the pupil in foster care to serve as the pupil’s education rights
holder.

end insert begin insert

(C) Recruiting volunteer education rights holders to be used
only after the county child welfare agency, county probation
department, and juvenile court have taken every reasonable effort
to find a responsible adult familiar with the pupil in foster care to
serve as the pupil’s educational rights holder.

end insert begin insert

(D) Training and building the capacity of biological parents,
foster parents, and all other education rights holders to support
educational success, including, but not limited to, the provision
of information related to requirements for postsecondary education
application, matriculation, enrollment, and financial aid.

end insert begin insert

(6) Collaborate with county child welfare agencies, county
probation departments, and school districts to facilitate information
sharing. This includes, but is not limited to:

end insert begin insert

(A) Collaborating with county child welfare agencies and county
probation departments to develop, monitor, and regularly update
the education portion of child welfare and probation case plans.

end insert begin insert

(B) Providing education related information to the county child
welfare agency to assist the county child welfare agency in
delivering services to foster children, including, but not limited
to, education status and progress information required to be
included in court reports.

end insert begin insert

(C) Responding to requests from the juvenile court for
information and working with the juvenile court to ensure the
coordination and delivery of necessary educational services.

end insert begin insert

(D) Establishing a mechanism for the efficient and expeditious
transfer of health and education records, and the health and
education passport.

end insert begin insert

(7) Support interagency efforts to improve the educational
outcomes of pupils in foster care. This includes, but is not limited
to:

end insert begin insert

(A) Collaborating with county child welfare agencies, county
probation departments, and school districts to gather and analyze
aggregate information on the educational challenges and outcomes
of pupils in foster care.

end insert begin insert

(B) Facilitating communication and collaboration between
school districts and county agencies, including, but not limited to,
the county child welfare agencies, county probation departments,
county mental health agencies, and courts within a county.

end insert begin insert

(C) Providing training and technical assistance to school
districts, governing boards of school districts, county child welfare
agencies, county probation departments, and county mental health
agencies.

end insert begin insert

(D) Collaborate with local colleges and universities to facilitate
a seamless transition from secondary to postsecondary educational
institutions, and provide pupils in foster care currently enrolled
in high school with assistance with college application,
matriculation, and financial aid applications.

end insert begin insert

(f) Each foster youth services program operated pursuant to
this chapter shall assist school districts in developing and
implementing the portion of the school district’s local control and
accountability plan describing the specific actions and strategies
the school district will undertake to increase the academic
performance of pupils in foster care, as required by subdivision
(c) of Section 52060, and shall assist school districts in projecting
the cost of implementing these specific actions and strategies.
Foster youth services programs shall support school districts in
developing and implementing the specific actions and strategies
to support the educational achievement of pupils in foster care
that may include, but are not limited to, all of the following:

end insert begin insert

(1) Ensuring that the school district has the necessary
infrastructure to support the educational success of pupils in foster
care, which may include, but is not limited to, local policies,
practices, and agreements.

end insert begin insert

(2) Providing the school district’s foster youth liaison with
additional resources to increase the liaison’s capacity to execute
his or her responsibilities.

end insert begin insert

(3) Maintaining information on educational programs, supports,
and services provided by the school district, including, but not
limited to, linked learning and career pathways programs,
credit-recovery classes, after school classes, school tutoring
resources, California High School Exit Examination tutoring
resources, other remediation services, school social worker
counseling, school-based mental health services, in-school
therapeutic services, summer enrichment opportunities, support
services offered to lesbian, gay, bisexual, transgender, and gender
nonconforming youth, summer enrichment opportunities, college
planning, and financial aid workshops and counseling.

end insert begin insert

(4) Regularly assessing the educational strengths and needs of
pupils in foster care.

end insert begin insert

(5) In collaboration with the education support team,
developing, monitoring, and regularly updating an education
success plan for a pupil in foster care that lists the strengths and
needs, goals and objectives, and the programs, supports, and
services the pupil in foster care will receive.

end insert begin insert

(6) Ensuring that each pupil in foster care receives the
programs, supports, or services specified in the pupil’s education
plan needed by the pupil to succeed academically.

end insert begin insert

(7) Carefully monitoring the educational progress of a pupil in
foster care and notifying the pupil’s education support team of
significant changes.

end insert begin insert

(g) Each foster youth services program operated pursuant to
this chapter shall establish an interagency oversight board.

end insert begin insert

(1) The oversight board shall include representatives from the
county child welfare agency, the county probation department,
school districts, local postsecondary educational institutions, and
community organizations. If possible, the oversight board shall
include foster youth, caregivers, education rights holders, and
other interested stakeholders.

end insert begin insert

(2) The oversight board shall meet at least quarterly, and shall
elect an oversight board chairperson from outside the county office
of education. Oversight board chairpersons shall not serve terms
longer than two years. Composition of the oversight board shall
be determined by the chairperson, consistent with paragraph (1),
and the foster youth services coordinator shall be a permanent
member of the oversight board.

end insert begin insert

(3) The oversight board shall regularly review the
recommendations to the foster youth services plan required
pursuant to subdivision (e). In the event of a disagreement, the
county foster youth services coordinator or the oversight board
chairperson may ask the State Foster Youth Services Director to
mediate a solution.

end insert

SEC. 5.  

Section 42921.5 is added to the Education Code, to
read:

42921.5.  

Each school district or charter school receiving funds
pursuant to Section 42238.02 shall designate a schoolsite-based
staff person to serve as a liaison to pupils in foster care if the
schoolsite has one or more identified pupils in foster care. Each
such school district and charter school shall provide contact
information for each schoolsite liaison to the county foster youth
services coordinator.

SEC. 6.  

Section 42922 of the Education Code is amended to
read:

begin delete

42922.  

Any school district which provides educational services
for foster children

end delete

begin insert

begin insert 42922. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert A county office of education that provides
educational support for pupils in foster care end insert pursuant to Section
42921 shall receive funding in any fiscal year for begin delete those services end delete
begin insert that support end insert only by such sums as may be specifically appropriated
by the annual Budget Act of the Legislature for that fiscal year for
support of begin delete those school-centered foster children services which
provide program effectiveness and potential cost savings to the
state. end delete begin insert the foster youth services programs that provide pupils in
foster care with supplemental educational support. end insert

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert Legislature may appropriate moneys from the General
Fund for this purpose, or, if sufficient funds are available, from
the Foster Children and Parent Training Fund pursuant to the
provisions of Section 903.7 of the Welfare and Institutions Code.

SEC. 7.  

Section 42923 of the Education Code is amended to
read:

42923.  

(a) Each begin delete school district end delete begin insert county office of education end insert
providing foster begin delete children end delete begin insert youth end insert services pursuant to this chapter
shall, by January 1 of each even-numbered year, report to the
Superintendent begin delete of Public Instruction end delete any information as may be
required by the Superintendent begin delete of Public Instruction end delete for begin delete the purpose end delete
begin insert purposes end insert of subdivision (b).

(b) The Superintendent begin delete of Public Instruction end delete shall, by February
15 of each even-numbered year, report to the Legislature and the
Governor on the foster begin delete children services provided by school
districts. end delete begin insert youth services programs. end insert The report shall be prepared
with the advice and assistance of providers of foster begin delete children end delete begin insert youth end insert
services and shall include, but not be limited to, the following:

(1) Recommendations regarding the continuation of begin delete services. end delete
begin insert the foster youth services programs. end insert

(2) Recommendations regarding the effectiveness of the begin delete services, end delete
begin insert foster youth services programs, end insert unless program effectiveness is
assessed in begin delete any other end delete begin insert another end insert report covering the same time period.

(3) Recommendations regarding the broadening of the
application of those services begin insert and any changes to foster youth
services programs that would make them more effective end insert .

begin delete

(4) Information which shall be sufficient to determine, at a
minimum, whether these services have resulted in a major
quantitative improvement or deterioration in any of the following
indicators:

end delete begin delete

(A) Pupil academic achievement.

end delete begin delete

(B) The incidence of pupil discipline problems or juvenile
delinquency.

end delete begin delete

(C) Pupil dropout rates or truancy rates.

end delete begin insert

(4) Aggregate educational outcome data for each county in
which there were at least 15 pupils in foster care who attended
school in the county, with information on each of the following
indicators:

end insert begin insert

(A) The number of pupils in foster care who attended school in
the county.

end insert begin insert

(B) The academic achievement of the pupils in foster care who
attended school in the county.

end insert begin insert

(C) The number of pupils in foster care who were suspended or
expelled.

end insert begin insert

(D) The number of pupils in foster care who were placed in a
juvenile hall, camp, ranch, or other county-operated juvenile
detention facility because of an incident of juvenile delinquency.

end insert begin insert

(E) The truancy rates, attendance rates, and dropout rates for
pupils in foster care.

end insert begin insert

(F) (i) The number of pupils in foster care participating in
foster youth services programs pursuant to this chapter who
successfully transition to postsecondary education.

end insert begin insert

(ii) The department shall collaborate with the Chancellor of
the California Community Colleges and the Chancellor of the
California State University to identify indicators that can be used
to track access to postsecondary education for pupils in foster care
participating in a foster youth services program pursuant to this
chapter.

end insert begin insert

(5) Whenever possible, the data in the report shall be the same
data that is used by the Superintendent in determining the
Academic Performance Index or in developing the report required
pursuant to Section 49085.

end insert begin delete

(5)

end delete

begin insert (6) end insert  A discussion of the meaning and implications of the
indicators contained in paragraph (4).

SEC. 8.  

Section 42924 of the Education Code is amended to
read:

42924.  

Any funds allocated to begin delete school districts end delete begin insert county offices
of education end insert for foster begin delete children end delete begin insert youth end insert services pursuant to
begin delete subdivision (c) of Section 42920 or end delete Section 42922 shall be used
only for foster begin delete children end delete begin insert youth end insert services and any funds not used by
begin insert school end insert districts begin insert or county offices of education end insert for those services
shall revert to the state General Fund.

SEC. 9.  

Section 42925 of the Education Code is repealed.

begin delete

42925.  

(a) The Superintendent of Public Instruction shall form
an advisory committee to make recommendations regarding the
allocation of available funds to school districts applying to receive
funding for foster children programs pursuant to subdivision (b).
The advisory committee shall include, but not be limited to,
representatives from the Department of the Youth Authority, from
the State Department of Social Services, and from foster children
services programs. Members of the advisory committee shall serve
without compensation, including travel and per diem.

(b) Any school district which chooses to provide foster children
services programs pursuant to Section 42921 may apply to the
Superintendent of Public Instruction and to the advisory committee
for funding for those programs.

(c) On or before November 1 of each year, the Superintendent
of Public Instruction shall provide the Governor with a proposed
sum to be included in the Governor’s budget for the ensuing fiscal
year for allocation to school districts wishing to provide foster
children services programs pursuant to Section 42921.
Recommendations regarding the specific programs to be funded
and the amount to be allocated to each shall be included with the
proposed sum.

end delete

SEC. 10.  

Section 42925 is added to the Education Code, to
read:

42925.  

Each county office of education with a foster youth
services program operated pursuant to this chapter shall develop
and enter into a memorandum of understanding with the county
child welfare agency pursuant to which foster youth services
program funds shall be used, to the maximum extent possible, to
leverage funds received pursuant to Title IV-E of the federal Social
Security Act (42 U.S.C. Sec. 670 et seq.) and any other funds that
may be used to specifically address the educational needs of pupils
in foster care, or they shall jointly explain in writing, annually,
why a memorandum of understanding is not practical or feasible.

SEC. 11.  

Section 42926 is added to the Education Code, to
read:

42926.  

(a) The Superintendent shall identify a State Foster
Youth Services Director within the department who shall be
responsible for all of the following:

(1) Monitoring implementation of this chapter.

(2) Facilitating the data sharing and reporting described in
Section 49085.

(3) Representing the department in policy and interagency
workgroups related to the educational success of pupils in foster
care, that may include, but is not limited to, collaborating with
child welfare, probation, and judicial agencies.

(4) Overseeing the technical assistance described in Section
42927.

(5) Providing technical support and mediation to foster youth
services programs and their oversight boards.

(6) Review a county office of education’s local control and
accountability plan as it relates to foster youth.

(b) The State Foster Youth Services Director may form an
advisory committee to provide consultation to the State Foster
Youth Services Director in regards to the responsibilities described
in subdivision (a).

SEC. 12.  

Section 42927 is added to the Education Code, to
read:

42927.  

(a) The Superintendent may provide funding to one or
more local educational agencies to work with the State Foster
Youth Services Director to provide statewide technical support to
ensure educational, child welfare, and judicial agencies receive
the technical support needed to improve the educational success
of pupils in foster care.

(b) Technical assistance may include, but is not limited to, the
following areas:

(1) State and local data sharing, and appropriate use of shared
data.

(2) Improving county office of education foster youth services
programs.

(3) Assisting school districts to develop and implement specific
actions and to increase the academic performance of pupils in
foster care, as required by subdivision (c) of Section 52060.

(4) Policy and legal guidance specific to pupils in foster care.

(c) Funding for the technical assistance described in this section
may come from the foster youth services budget appropriated by
the annual Budget Act, as determined by the Superintendent, but
shall be no more than 5 percent of the foster youth services budget
allocation for the applicable fiscal year. The remainder of the foster
youth services budget shall be apportioned to county offices of
education operating foster youth services programs in accordance
with Section 42921.

SEC. 13.  

If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.