Amended in Assembly April 14, 2015

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 amended, 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, begin insert in addition to the 6 specified program sites, end insert 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. begin insert The bill also would provide, commencing with the 2016-17 fiscal year, that each of the 6 specified program sites shall receive, in addition to their local control funding formula apportionment, an allowance equal to the amount the school district spent on foster children service programs in the 2014-15 fiscal year. end insert

(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 begin insert educational end insert services begin delete program end delete begin insert coordinator end insert 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 begin delete require end delete begin insert authorize end insert a foster youth services program, in consultation with begin insert school districts, end insert the county social services begin delete agency end delete begin insert agency, end insert and begin insert the end insert 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 begin delete assist school districts in developing and implementing end delete begin insert work with its county office of education to ensure the implementation of end insert certain portions of begin delete their end delete begin insert county and school district end insert local control and accountability plans, as specified. The bill would require each foster youth services program to establish begin delete an end delete begin insert a local end insert interagency begin delete oversight board, end delete begin insert Executive Advisory Council, end insert as provided. begin delete This end delete begin insert The end insert bill begin delete would require each foster youth services program to assist school districts in specific ways, and end delete 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 begin insert school district foster youth services coordinator and the end insert 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 begin insert and that is accessible to the foster youth services program end insert 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 begin delete education end delete begin insert educational end insert 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 begin insert with a foster youth services program, to the extent possible, end insert to develop and enter into a memorandum of begin delete understanding end delete begin insert understanding, contract, or formal agreement end insert 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.

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 begin insert pupil end insert academic begin delete standards, educated in
the least restrictive educational environment, end delete begin insert achievement
standards to which all pupils are held, end insert and provided access to a
rigorous curriculum, adequately prepared to enter postsecondary
education, and afforded the academic resources, services, and
extracurricular and enrichment activities begin insert made end insert available to other
pupils enrolled in California’s public begin delete schools. end delete begin insert schools, including,
but not limited to, interscholastic sports administered by the
California Interscholastic Federation. In fulfilling their
responsibilities to these pupils, educators, county placing agencies,
caregivers, advocates, and the juvenile counts will work together
to ensure that each pupil is placed in the least restrictive
educational environment. end insert

(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 delete (1) end delete begin delete   end delete Commencing with begin insert the 2016-17 end insert fiscal begin delete year
1982-83, end delete begin insert year, end insert and each fiscal year thereafter, each of the following
six foster youth services program sites: Elk Grove, Mount Diablo,
Sacramento City, San Juan, Paramount, and the Placer Nevada
consortium, shall receive, in addition to begin delete the base revenue limit, end delete
begin insert their local control funding formula apportionment, end insert an allowance
from the amount annually transferred to Section A of the State
School Fund equal to the amount the begin insert school end insert district spent on foster
children service programs in begin insert the 2014-15 end insert fiscal begin delete year 1981-82, end delete
begin insert year, end insert 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

(2)

end delete

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

begin delete

(3)

end delete

begin insert (c) end insert  The 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

(4)

end delete

begin insert (d) end insert  The 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.

begin delete

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

end delete

SEC. 4.  

Section 42921 of the Education Code is amended to
read:

42921.  

(a) In addition to the six program sites specified in
Section 42920.5, a county office of education, or consortium of
county offices of education, may elect 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.

(b) Each foster youth services program operated pursuant to
this chapter, 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 support pursuant to subdivision (e) to any pupil in
foster care residing or attending school in the county.

(c) For purposes of this chapter, a pupil in foster care begin delete has the
same meaning as end delete begin insert means end insert a foster youth, as defined in paragraph
(b) of Section 42238.01 begin insert or a foster child who resides in a
county-operated juvenile detention facility. end insert

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

(2) In consultation with begin insert school districts, end insert the county social
services begin delete agency end delete begin insert agency, end insert and begin insert the end insert county probation department, a
foster youth services program operated pursuant to this chapter
begin delete shall end delete begin insert may end insert prescribe the methodology for designing specific supports
for pupils in foster care, begin delete and, in end delete begin insert including, guiding principles that
establish a hierarchy of services. In end insert doing so, begin delete shall consider at
least all of the following: end delete begin insert applicable methodologies may include,
but are not limited to, end insert 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 begin delete shall end delete
begin insert is encouraged to end insert first provide services for pupils in foster care who
reside in group begin delete homes or other end delete begin insert homes, end insert institutional begin delete settings. end delete
begin insert settings, or other placements with pupils with high academic needs,
as determined by the local Executive Advisory Council. end insert

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

(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. begin insert To the extent possible, the foster youth
services program may pay for the cost of transportation to support
this paragraph. end 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.

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

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

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

(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.

(D) Provide tutoring, mentoring, counseling, transition,
school-based social work, and emancipation services, if those
services are begin delete part of the education plan established by the education
team, and after a full evaluation that determines that end delete begin insert established
as needed and identified by the local Executive Advisory Council
to ensure that the services are aligned with local control and
accountability plan priorities and end insert the county child welfare agency,
county probation department, or school district are unable to
provide those services.

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

(i) Available schools to ensure appropriate placement.

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

(iii) English learner programs.

(iv) After school and summer enrichment opportunities.

(v) Other appropriate supports and services.

(F) Maintain information on postsecondary educational
institutions, career and technical education programs, and
postsecondary opportunities for purposes of ensuring that pupils
in foster care, begin delete education end delete begin insert educational end insert 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.

(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.

(4)  begin delete Advocate end delete begin insert Facilitate, end insert on behalf of individual pupils in foster
begin delete care end delete begin insert care, end insert to begin delete ensure appropriate: end delete begin insert ensure: end insert

(A) Transfer of records.

(B) Transcript analysis.

(C) Credit recovery.

(D)  begin delete Individualized end delete begin insert Timely individualized end insert 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 begin delete related state laws. end delete begin insert all special education services. end insert

(E)  begin delete Placement end delete begin insert Timely placement end insert in English learner begin delete programs, end delete
begin insert programs, in collaboration with school districts, end insert as needed.

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

(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, begin insert access to
extracurricular and enrichment activities, including, but not limited
to, interscholastic sports administered by the California
Interscholastic Federation made available to all other pupils, end insert and
begin delete modified end delete graduation requirements.

(5)  begin delete Ensure end delete begin insert Collaborate with school districts, county child
welfare agencies, juvenile courts, county probation departments,
and special education local plan areas in an effort to have end insert pupils
in foster care have begin delete education end delete begin insert an identified educational end insert rights
begin delete holders end delete begin insert holder end insert with the capacity to support educational success
by:

(A) Helping a school district identify the begin delete education end delete begin insert educational end insert
rights holder of a pupil in foster care.

(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 begin delete education end delete begin insert educational end insert
rights holder.

(C) Recruiting volunteer begin delete education end delete begin insert educational end insert 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.

(D) Training and building the capacity of biological parents,
foster parents, and all other begin delete education end delete begin insert educational end insert 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.

(6) Collaborate with county child welfare agencies, county
probation departments, and school districts to facilitate information
begin delete sharing. end delete begin insert sharing, to the extent possible. end insert This includes, but is not
limited to:

(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.

(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.

(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.

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

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

(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.

(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.

(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.

(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.

(f) Each foster youth services program operated pursuant to this
chapter shall begin delete 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 end delete begin insert work with their county office of
education to ensure the implementation of end insert subdivision (c) of
Section begin delete 52060, and shall assist school districts in projecting the
cost of implementing these specific actions and strategies. Foster end delete
begin insert 52060 and subdivision (c) of Section 52066 for pupils in foster
care. In doing so, the foster end insert youth services programs begin delete shall end delete begin insert may
consider, but are not limited to, the following in their end insert support begin insert of end insert
school districts in developing and implementing the specific actions
and strategies to support the educational achievement of pupils in
foster begin delete care that may include, but are not limited to, all of the
following: end delete begin insert care: end 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.

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

(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.

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

(5)  begin delete In collaboration with the education support team, developing, end delete
begin insert Developing, end insert monitoring, and regularly updating begin delete an end delete education
begin delete success plan end delete begin insert plans end insert 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.

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

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

(g) Each foster youth services program operated pursuant to
this chapter shall establish begin delete an end delete begin insert a local end insert interagency begin delete oversight board. end delete
begin insert Executive Advisory Council. end insert

(1) The begin delete oversight board end delete begin insert Executive Advisory Council end insert 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 begin delete oversight board shall include end delete begin insert Executive Advisory Council may
include, but is not limited to, end insert foster youth, caregivers, begin delete education end delete
begin insert educational end insert rights holders, begin insert dependency attorneys, court
representatives, end insert and other interested stakeholders.

(2) The begin delete 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 end delete foster youth services coordinator shall be a permanent
member of the begin delete oversight board. end delete begin insert Executive Advisory Council. end insert

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

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 begin insert school district foster
youth liaison and the end insert county foster youth services coordinator.

SEC. 6.  

Section 42922 of the Education Code is amended to
read:

42922.  

(a) A county office of education that provides
educational support for pupils in foster care pursuant to Section
42921 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
the foster youth services programs that provide pupils in foster
care with supplemental educational support.

(b) The 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 county office of education providing foster
youth services pursuant to this chapter shall, by January 1 of each
even-numbered year, report to the Superintendent any information
as may be required by the Superintendent begin insert and as accessible to the
foster youth services program end insert for purposes of subdivision (b).

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

(1) Recommendations regarding the continuation of the foster
youth services programs.

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

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

(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:

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

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

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

(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.

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

(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.

(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.

(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.

(6) 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 county offices of education for
foster youth services pursuant to Section 42922 shall be used only
for foster youth services and any funds not used by school districts
or county offices of education for those services shall revert to the
state General Fund.

SEC. 9.  

Section 42925 of the Education Code is repealed.

SEC. 10.  

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

42925.  

begin insert (a) end insert begin insert   end insert Each county office of education with a foster youth
services program operated pursuant to this chapter begin delete shall end delete begin insert shall, to
the extent possible, end insert develop and enter into a memorandum of
begin delete understanding end delete begin insert understanding, contract, or formal agreement end insert 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.

begin insert

(b) To the extent possible, each foster youth services program
is encouraged to consider leveraging other local funding
opportunities to support the educational success of pupils in foster
care.

end insert

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.