Amended in Assembly May 28, 2015

Amended in Assembly May 4, 2015

Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 854


Introduced by Assembly Member Weber

February 26, 2015


An act to amend Sections 42920.5, 42921, 42922, 42923, and 42924 of, to add Sectionsbegin delete 42921.5, 42926,end deletebegin insert 42926end insert 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, in addition to the 6 specified program sites, 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. 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.

(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 educational services coordinator 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 authorize a foster youth services program, in consultation with local educational agencies, the county social services agency, and the 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 work with its county office of education to ensure the implementation of certain portions of county and school district local control and accountability plans, as specified. The bill would require each foster youth services program to establish a local interagency Executive Advisory Council, as provided.begin delete The bill 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 school district foster youth services coordinator and 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.end delete

(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 and that is accessible to the foster youth services program 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 educational 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 with a foster youth services program, to the extent possible, to develop and enter into a memorandum of understanding, contract, or formal agreement 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 Servicesbegin delete Directorend deletebegin insert Coordinatorend insert within the State Department of Education who would have certain responsibilities related to foster youth services programs, and would authorize the State Foster Youth Servicesbegin delete Directorend deletebegin insert Coordinatorend insert 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 Servicesbegin delete Directorend deletebegin insert Coordinatorend insert to provide the statewide technical support needed to improve the educational success of pupils in foster care, as specified.

begin delete

(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.

end delete
begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P4    1

SECTION 1.  

Section 42920 of the Education Code is repealed.

2

SEC. 2.  

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

3

42920.  

The Legislature finds and declares all of the following:

4(a) Pupils in foster care represent one of the most vulnerable
5and academically at-risk pupil groups enrolled in California
6schools. The academic status of pupils in foster care is often
7profoundly impacted by the foster care system in which many
8pupils in foster care experience multiple placements with an
9average frequency of one placement change every six months. Due
10to this movement, pupils in foster care lose an average of four to
11six months of educational attainment with each move. Therefore,
12it is essential to recognize, identify, and plan for the critical and
13unique educational needs of pupils in foster care.

14(b) A high percentage of pupils in foster care are working
15substantially below grade level, and over one-half of the pupils in
16foster care are retained at least one year in the same grade level.
17Pupils in foster care earn lower grades and achieve lower scores
18on standardized achievements tests in reading and mathematics,
19have lower levels of engagement in school, and are half as likely
20as pupils not in foster care to be involved in extracurricular
21activities. The long-term consequences of poor academic
22experiences are significant. Pupils in foster care are twice as likely
23as pupils not in foster care to drop out of school before graduation
24and only 45 percent of pupils in foster care have graduated from
25high school at the time of emancipation. Foster youth are similarly
26under represented in college enrollment rates and dramatically
27underperform their peers in relation to college completion. Pupils
28in foster care are also subject to disproportionate levels of
29disciplinary measures, including suspension and expulsion. It is
30imperative that California close the foster youth achievement gap
31so that pupils in foster care can realize their full potential, reach
P5    1their college and career goals, and become independent, productive
2members of society.

3(c) Foster youth are an especially vulnerable pupil population,
4as they are often also members of other underserved pupil groups.
5In 2013, the demographic data of pupils in foster care in California
6were as follows:

7(1) The largest ethnic group amongst pupils in foster care was
8Hispanic, with nearly half of the population.

9(2) African American and Native American pupils continue to
10be disproportionately represented in the child welfare system, as
11researchers found that 26 percent of pupils in foster care were
12African American despite African Americans only accounting for
137 percent of the pupil population in California, and 2 percent of
14pupils in foster care were Native American despite Native
15Americans only accounting for 1 percent of the pupil population
16in California.

17(3) Nearly one in five pupils in foster care had special education
18needs, which is over twice the rate of the statewide pupil
19population.

20(4) More than one inbegin delete tenend deletebegin insert 10end insert pupils in foster care were English
21learners.

22(d) Compounded by the research that indicates that there is a
23need for California to close the achievement gap between specific
24ethnic pupil populations and white pupils, addressing the foster
25youth achievement gap will further efforts that support education
26equity for all pupils.

27(e) Given their current academic status, pupils in foster care are
28more likely to achieve to their full potential when they are provided
29services and programs designed to meet their particular needs,
30including, but not limited to, supplemental instruction, counseling,
31tutoring, and other support services.

32(f) Policies and laws addressing the educational rights of pupils
33in foster care must be implemented so that pupils in foster care are
34immediately enrolled in school, provided access to meaningful
35opportunities to meet state pupil academic achievement standards
36to which all pupils are held, and provided access to a rigorous
37curriculum, adequately prepared to enter postsecondary education,
38and afforded the academic resources, services, and extracurricular
39and enrichment activities made available to other pupils enrolled
40in California’s public schools, including, but not limited to,
P6    1interscholastic sports administered by the California Interscholastic
2Federation. In fulfilling their responsibilities to these pupils,
3educators, county placing agencies, caregivers, advocates, and the
4juvenile courts will work together to ensure that each pupil is
5placed in the least restrictive educational environment.

6(g) Foster youth services programs provide pupils in foster care
7needed educational support and are a state priority.

8

SEC. 3.  

Section 42920.5 of the Education Code is amended to
9read:

10

42920.5.  

(a) Commencing with the 2016-17 fiscal year, and
11each fiscal year thereafter, each of the following six foster youth
12services program sites: Elk Grove, Mount Diablo, Sacramento
13City, San Juan, Paramount, and the Placer Nevada consortium,
14shall receive, in addition to their local control funding formula
15apportionment, an allowance from the amount annually transferred
16to Section A of the State School Fund equal to the amount the
17school district spent on foster children service programs in the
182014-15 fiscal year, adjusted to reflect cost-of-living increases by
19the total percentage increase received by all categorical education
20programs. In no event shall this cost-of-living adjustment exceed
21the inflation adjustment provided pursuant to Section 42238.

22(b) This allowance shall be used exclusively for foster children
23services.

24 (c) The six program sites may continue to record revenue
25received pursuant to this subdivision in the same manner used to
26record revenue received for foster children services in the 1981-82
27fiscal year.

28(d) The six program sites shall maintain their foster children
29services programs in fiscal year 1995-96 and each subsequent
30fiscal year at a program level comparable to that at which they
31administered those programs in fiscal year 1994-95.

32

SEC. 4.  

Section 42921 of the Education Code is amended to
33read:

34

42921.  

(a) In addition to the six program sites specified in
35Section 42920.5, a county office of education, or consortium of
36county offices of education, may elect to apply to the
37Superintendent for grant funding, to the extent funds are available,
38to operate an education-based foster youth services program to
39provide educational support for pupils in foster care.

P7    1(b) Each foster youth services program operated pursuant to
2this chapter, shall have at least one person identified as the foster
3youth educational services coordinator. The foster youth
4educational services coordinator shall facilitate the provision of
5educational support pursuant to subdivision (e) to any pupil in
6foster care residing or attending school in the county.

7(c) For purposes of this chapter, a pupil in foster care means a
8foster youth, as defined in paragraph (b) of Section 42238.01 or a
9foster child who resides in a county-operated juvenile detention
10facility.

11(d) (1) It is the intent of the Legislature that pupils in foster
12care with the greatest need for services be identified as the first
13priority for foster youth services.

14(2) In consultation with local educational agencies, the county
15social services agency, and the county probation department, a
16foster youth services program operated pursuant to this chapter
17may prescribe the methodology for designing specific supports
18for pupils in foster care, including, guiding principles that establish
19a hierarchy of services. In doing so, applicable methodologies may
20include, but are not limited to, the needs of specific age groups,
21pupils in foster care in specific geographic areas with the highest
22concentration of pupils in foster care, and pupils in foster care with
23the greatest academic need. A foster youth services program is
24encouraged to first provide services for pupils in foster care who
25reside in group homes, institutional settings, or other placements
26with pupils with high academic needs, as determined by the local
27Executive Advisory Council.

28(e) Each foster youth services program operated pursuant to this
29chapter shall develop and implement a foster youth services plan.
30The plan shall document how the program will, to the extent
31possible, do the following:

32(1) Collaborate with county child welfare agencies, county
33probation departments, and local educational agencies to minimize
34changes in school placement and support the implementation of
35subdivision (c) of Section 48853. To the extent possible, the foster
36youth services program may pay for the cost of transportation to
37support this paragraph.

38(2) Collaborate with county child welfare agencies, county
39probation departments, and local educational agencies so that when
40it is in the best interests of a pupil in foster care to transfer schools,
P8    1transfers are done at an educationally appropriate time, educational
2records are quickly transferred, appropriate partial credits are
3awarded, and the pupil in foster care is quickly enrolled in
4appropriate classes.

5(3) In an effort to support the educational achievement of pupils
6in foster care, how they will do the following:

7(A) Collaborate with county child welfare agencies, county
8probation departments, and local educational agencies to ensure
9pupils in foster care have an active education team that, to the
10extent possible, may include an educational rights holder, caregiver,
11social worker, teacher, counselor, court-appointed special advocate,
12other stakeholders, and the pupil, if appropriate.

13(B) Participate in education teams as is helpful and needed. For
14purposes of this section, “education teams” includes, but is not
15limited to, existing education teams such as individualized
16education program teams, student success teams, student study
17teams, and multidisciplinary teams. Nothing in this section shall
18be construed to prevent local educational agencies from
19establishing additional education teams.

20(C) Help the education team assess the educational strengths
21and needs of the pupil in foster care, and help develop, monitor,
22and update an education plan based on those strengths and needs.
23For purposes of this section, “education plans” includes, but is not
24limited to, existing education plans such as individualized
25education programs, student success plans, and multidisciplinary
26team plans. Nothing in this section shall be construed to prevent
27local educational agencies from establishing additional education
28plans.

29(D) Provide tutoring, mentoring, counseling, transition,
30school-based social work, and emancipation services, if those
31services are established as needed and identified by the local
32Executive Advisory Council to ensure that the services are aligned
33with local control and accountability plan priorities and the county
34child welfare agency, county probation department, or local
35educational agency are unable to provide those services.

36(E) Maintain information on all of the following for purposes
37of ensuring that pupils in foster care, educational rights holders,
38and other education team members are informed of all available
39opportunities:

40(i) Available schools to ensure appropriate placement.

P9    1(ii) Educational programs, including linked learning programs
2and special education programs.

3(iii) English learner programs.

4(iv) After school and summer enrichment opportunities.

5(v) Other appropriate supports and services.

6(F) Maintain information on postsecondary educational
7institutions, career and technical education programs, and
8postsecondary opportunities for purposes of ensuring that pupils
9in foster care, educational right holders, and other members of the
10education team have the information necessary to support access
11to postsecondary education, career program, and related supports,
12including financial aid.

13(G) Collaborate with local postsecondary educational
14institutions, including the California Community Colleges, the
15California State University, and the University of California, and
16with county independent living programs to facilitate a seamless
17transition from high school to postsecondary educational
18institutions, and provide pupils in foster care currently enrolled in
19high school with assistance with college application, matriculation,
20and financial aid.

21(4) Facilitate, on behalf of individual pupils in foster care, to
22ensure:

23(A) Transfer of records.

24(B) Transcript analysis.

25(C) Credit recovery.

26(D) Timely individualized education programs in collaboration
27with the local educational agency in accordance with the federal
28Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
29et seq.) and all special education services.

30(E) Timely placement in English learner programs, in
31collaboration with local educational agencies, as needed.

32(F) Enrollment in, or transition to, comprehensive schools or
33the least restrictive educational placements, when appropriate.

34(G) Education entitlements specific to pupils in foster care are
35provided, including, but not limited to, receiving partial credits,
36the right to attend the pupil’s school of origin, access to
37extracurricular and enrichment activities, including, but not limited
38to, interscholastic sports administered by the California
39 Interscholastic Federation made available to all other pupils, and
40graduation requirements.

P10   1(5) begin deleteCollaborate end deletebegin insertCollaborate, to the extent possible, end insertwith local
2educational agencies, county child welfare agencies, juvenile
3courts, county probation departments, and special education local
4plan areas in an effort to have pupils in foster care have an
5identified educational rights holder with the capacity to support
6educational success by:

7(A) Helping a local educational agency identify the educational
8rights holder of a pupil in foster care.

9(B) Collaborating with county child welfare agencies and county
10probation departments to identify a responsible adult familiar with
11the pupil in foster care to serve as the pupil’s educational rights
12holder.

13(C) Recruiting volunteer educational rights holders to be used
14only after the county child welfare agency, county probation
15department, and juvenile court have taken every reasonable effort
16to find a responsible adult familiar with the pupil in foster care to
17serve as the pupil’s educational rights holder.

18(D) Training and building the capacity of biological parents,
19foster parents, and all other educational rights holders to support
20educational success, including, but not limited to, the provision of
21information related to requirements for postsecondary education
22application, matriculation, enrollment, and financial aid.

23(6) Collaborate with county child welfare agencies, county
24probation departments, and local educational agencies to facilitate
25information sharing, to the extent possible. This includes, but is
26not limited to:

27(A) Collaborating with county child welfare agencies and county
28probation departments to develop, monitor, and regularly update
29the education portion of child welfare and probation case plans.

30(B) Providing education related information to the county child
31welfare agency to assist the county child welfare agency in
32delivering services to foster children, including, but not limited
33to, education status and progress information required to be
34included in court reports.

35(C) Responding to requests from the juvenile court for
36information and working with the juvenile court to ensure the
37coordination and delivery of necessary educational services.

38(D) Establishing a mechanism for the efficient and expeditious
39transfer of health and education records, and the health and
40education passport.

P11   1(7) Support interagency efforts to improve the educational
2outcomes of pupils in foster care, to the extent possible. This
3includes, but is not limited to:

4(A) Collaborating with county child welfare agencies, county
5probation departments, and local educational agencies to gather
6and analyze aggregate information on the educational challenges
7and outcomes of pupils in foster care.

8(B) Facilitating communication and collaboration between local
9educational agencies and county agencies, including, but not
10limited to, the county child welfare agencies, county probation
11departments, county mental health agencies, and courts within a
12county.

13(C) Providing training and technical assistance to local
14educational agencies, governing boards of school districts, county
15child welfare agencies, county probation departments, and county
16mental health agencies.

17(D) Collaborate with local colleges and universities to facilitate
18a seamless transition from secondary to postsecondary educational
19institutions, and provide pupils in foster care currently enrolled in
20high school with assistance with college application, matriculation,
21and financial aid applications.

22(f) Each foster youth services program operated pursuant to this
23chapter shall work with their county office of education to ensure
24the implementation of subdivision (c) of Section 52060 and
25subdivision (c) of Section 52066 for pupils in foster care. In doing
26so, the foster youth services programs may consider, but are not
27limited to, the following in their support of local educational
28agencies in developing and implementing the specific actions and
29strategies to support the educational achievement of pupils in foster
30care:

31(1) Ensuring that the local educational agency has the necessary
32infrastructure to support the educational success of pupils in foster
33care, which may include, but is not limited to, local policies,
34practices, and agreements.

35(2) Providing the local educational agency’s foster youth liaison
36with additional resources to increase the liaison’s capacity to
37execute his or her responsibilities.

38(3) Maintaining information on educational programs, supports,
39and services provided by the local educational agency, including,
40but not limited to, linked learning and career pathways programs,
P12   1credit-recovery classes, after school classes, school tutoring
2resources, California High School Exit Examination tutoring
3resources, other remediation services, school social worker
4counseling, school-based mental health services, in-school
5therapeutic services, summer enrichment opportunities, support
6services offered to lesbian, gay, bisexual, transgender, and gender
7nonconforming youth, college planning, and financial aid
8workshops and counseling.

9(4) Regularly assessing the educational strengths and needs of
10pupils in foster care.

11(5) Developing, monitoring, and regularly updating education
12plans for a pupil in foster care that lists the strengths and needs,
13goals and objectives, and the programs, supports, and services the
14pupil in foster care will receive.

15(6) Ensuring that each pupil in foster care receives the programs,
16supports, or services needed by the pupil to succeed academically.

17(7) Monitoring the educational progress of a pupil in foster care
18and notifying the appropriate education support team of significant
19changes.

20(g) Each foster youth services program operated pursuant to
21this chapter shall establish a local interagency Executive Advisory
22Council.

23(1) The Executive Advisory Council shall include
24representatives from the county child welfare agency, the county
25probation department, local educational agencies, local
26postsecondary educational institutions, and community
27organizations. If possible, the Executive Advisory Council may
28include, but is not limited to, foster youth, caregivers, educational
29rights holders, dependency attorneys, court representatives,
30court-appointed special advocates, and other interested
31stakeholders.

32(2) The foster youthbegin insert educationalend insert services coordinator shall be
33a permanent member of the Executive Advisory Council.

34(3) The Executive Advisory Council shall regularly review the
35recommendations to the foster youth services plan required
36pursuant to subdivision (e). In the event of a disagreement, the begin delete37 Executive Advisory Councilend delete begin insert foster youth educational services
38coordinatorend insert
may ask the State Foster Youth Servicesbegin delete Directorend delete
39begin insert Coordinatorend insert to mediate a solution.

begin deleteP13   1

SEC. 5.  

Section 42921.5 is added to the Education Code, to
2read:

3

42921.5.  

Each school district or charter school receiving funds
4pursuant to Section 42238.02 shall designate a schoolsite-based
5staff person to serve as a liaison to pupils in foster care if the
6schoolsite has one or more identified pupils in foster care. Each
7such school district and charter school shall provide contact
8information for each schoolsite liaison to the school district foster
9youth liaison and the county foster youth services coordinator.

end delete
10

begin deleteSEC. 6.end delete
11begin insertSEC. 5.end insert  

Section 42922 of the Education Code is amended to
12read:

13

42922.  

(a) A county office of education that provides
14educational support for pupils in foster care pursuant to Section
1542921 shall receive funding in any fiscal year for that support only
16by such sums as may be specifically appropriated by the annual
17Budget Act of the Legislature for that fiscal year for support of
18 the foster youth services programs that provide pupils in foster
19care with supplemental educational support.

20(b) The Legislature may appropriate moneys from the General
21Fund for this purpose, or, if sufficient funds are available, from
22the Foster Children and Parent Training Fund pursuant to the
23provisions of Section 903.7 of the Welfare and Institutions Code.

24

begin deleteSEC. 7.end delete
25begin insertSEC. 6.end insert  

Section 42923 of the Education Code is amended to
26read:

27

42923.  

(a) Each county office of education providing foster
28youth services pursuant to this chapter shall, by January 1 of each
29even-numbered year, report to the Superintendent any information
30as may be required by the Superintendent and as accessible to the
31foster youth services program for purposes of subdivision (b).

32(b) The Superintendent shall, by February 15 of each
33even-numbered year, report to the Legislature and the Governor
34on the foster youth services programs. The report shall be prepared
35with the advice and assistance of providers of foster youth services
36and shall include, but not be limited to, the following:

37(1) Recommendations regarding the continuation of the foster
38youth services programs.

P14   1(2) Recommendations regarding the effectiveness of the foster
2youth services programs, unless program effectiveness is assessed
3in another report covering the same time period.

4(3) Recommendations regarding the broadening of the
5application of those services and any changes to foster youth
6services programs that would make them more effective.

7(4) Aggregate educational outcome data for each county in
8which there were at least 15 pupils in foster care who attended
9school in the county, with information on each of the following
10indicators:

11(A) The number of pupils in foster care who attended school in
12the county.

13(B) The academic achievement of the pupils in foster care who
14attended school in the county.

15(C) The number of pupils in foster care who were suspended
16or expelled.

17(D) The number of pupils in foster care who were placed in a
18juvenile hall, camp, ranch, or other county-operated juvenile
19detention facility because of an incident of juvenile delinquency.

20(E) The truancy rates, attendance rates, and dropout rates for
21pupils in foster care.

22(F) (i) The number of pupils in foster care participating in foster
23youth services programs pursuant to this chapter who successfully
24transition to postsecondary education.

25(ii) The department shall collaborate with the Chancellor of the
26California Community Colleges and the Chancellor of the
27California State University to identify indicators that can be used
28to track access to postsecondary education for pupils in foster care
29participating in a foster youth services program pursuant to this
30chapter.

31(5) Whenever possible, the data in the report shall be the same
32data that is used by the Superintendent in determining the
33Academic Performance Index or in developing the report required
34pursuant to Section 49085.

35(6) A discussion of the meaning and implications of the
36indicators contained in paragraph (4).

37

begin deleteSEC. 8.end delete
38begin insertSEC. 7.end insert  

Section 42924 of the Education Code is amended to
39read:

P15   1

42924.  

Any funds allocated to county offices of education for
2foster youth services pursuant to Section 42922 shall be used only
3for foster youth services and any funds not used by school districts
4or county offices of education for those services shall revert to the
5state General Fund.

6

begin deleteSEC. 9.end delete
7begin insertSEC. 8.end insert  

Section 42925 of the Education Code is repealed.

8

begin deleteSEC. 10.end delete
9begin insertSEC. 9.end insert  

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

10

42925.  

(a) Each county office of education with a foster youth
11services program operated pursuant to this chapter shall, to the
12extent possible, develop and enter into a memorandum of
13understanding, contract, or formal agreement with the county child
14welfare agency pursuant to which foster youth services program
15funds shall be used, to the maximum extent possible, to leverage
16funds received pursuant to Title IV-E of the federal Social Security
17Act (42 U.S.C. Sec. 670 et seq.) and any other funds that may be
18used to specifically address the educational needs of pupils in
19foster care, or they shallbegin delete jointlyend delete explain in writing, annually, why
20a memorandum of understanding is not practical or feasible.

21(b) To the extent possible, each foster youth services program
22is encouraged to consider leveraging other local funding
23opportunities to support the educational success of pupils in foster
24care.

25

begin deleteSEC. 11.end delete
26begin insertSEC. 10.end insert  

Section 42926 is added to the Education Code, to
27read:

28

42926.  

(a) The Superintendent shall identify a State Foster
29Youth Servicesbegin delete Directorend deletebegin insert Coordinatorend insert within the department who
30shall be responsible for all of the following:

31(1) Monitoring implementation of this chapter.

32(2) Facilitating the data sharing and reporting described in
33Section 49085.

34(3) Representing the department in policy and interagency
35workgroups related to the educational success of pupils in foster
36care, that may include, but is not limited to, collaborating with
37child welfare, probation, and judicial agencies.

38(4) Overseeing the technical assistance described in Section
3942927.

P16   1(5) Providing technical support and mediation to foster youth
2services programs and their oversight boards.

3(6) Review a county office of education’s local control and
4accountability plan as it relates to foster youth.

5(b) The State Foster Youth Servicesbegin delete Directorend deletebegin insert Coordinatorend insert may
6 form an advisory committee to provide consultation to the State
7Foster Youth Servicesbegin delete Directorend deletebegin insert Coordinatorend insert in regards to the
8responsibilities described in subdivision (a).

9

begin deleteSEC. 12.end delete
10begin insertSEC. 11.end insert  

Section 42927 is added to the Education Code, to
11read:

12

42927.  

(a) The Superintendent may provide funding to one or
13more local educational agencies to work with the State Foster
14Youth Servicesbegin delete Directorend deletebegin insert Coordinatorend insert to provide statewide technical
15support to ensure educational, child welfare, and judicial agencies
16receive the technical support needed to improve the educational
17success of pupils in foster care.

18(b) Technical assistance may include, but is not limited to, the
19following areas:

20(1) State and local data sharing, and appropriate use of shared
21data.

22(2) Improving county office of education foster youth services
23programs.

24(3) Assisting local educational agencies to develop and
25implement specific actions and to increase the academic
26performance of pupils in foster care, as required by subdivision
27(c) of Section 52060.

28(4) Policy and legal guidance specific to pupils in foster care.

29(c) Funding for the technical assistance described in this section
30may come from the foster youth services budget appropriated by
31the annual Budget Act, as determined by the Superintendent, but
32shall be no more than 5 percent of the foster youth services budget
33allocation for the applicable fiscal year. The remainder of the foster
34youth services budget shall be apportioned to county offices of
35education operating foster youth services programs in accordance
36with Section 42921.

begin delete
37

SEC. 13.  

If the Commission on State Mandates determines
38that this act contains costs mandated by the state, reimbursement
39to local agencies and school districts for those costs shall be made
P17   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.

end delete


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