Amended in Senate July 9, 2015

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 Bill No. 854

Introduced by Assembly Member Weber

February 26, 2015

An act to amend Sections 42920.5, 42921, begin delete 42922, end delete 42923, and 42924 of, to add begin delete Sections 42926 and 42927 end delete begin insert Section 42926 end insert to, begin delete and end delete to repeal and add Sections 42920 and 42925 begin insert of, and to repeal Section 42922 end insert 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, begin insert in addition to the 6 specified program sites, end insert 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 begin insert establish, commencing with the 2015-16 fiscal year and for each fiscal year thereafter, the Foster Youth Services Coordinating Program, to be administered by the Superintendent, to coordinate and ensure that local educational agencies within its jurisdiction are providing services to foster youth pupils pursuant to a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. As part of the program, the bill would end insert authorize a county office of education, or consortium of county offices of education, begin delete in addition to the 6 specified program sites, end delete to apply to the Superintendent for grant funding, to the extent funds are available, to operate an education-based foster youth services begin insert coordinating end insert program to provide educational support for pupils in foster care. begin delete 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 delete begin insert The bill would require county offices of education and consortia of county offices of education receiving funds under the program, and the local educational agencies within a county or a consortium of counties, to coordinate services to ensure that, for the 2015-16 and 2016-17 fiscal years, the level of direct services provided to support foster youth pupils is not less than what was provided in the 2014-15 fiscal year through the previous program. To the extent this would impose additional duties on local educational agencies within a county or a consortium to counties, the bill would impose a state-mandated local program. 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 educational services coordinator certain responsibilities, and requires him or her to facilitate the provision of educational services, as provided, to certain foster youth. begin delete Existing law authorizes a foster youth services program to prescribe a methodology for determining which pupils may be served. end delete

This bill would instead require begin delete the identified end delete begin insert each foster youth services coordinating program to identify the end insert foster youth educational services coordinator to facilitate the provision of educational support to any pupil in foster care residing or attending school in the begin delete county, end delete begin insert county or consortium of counties, end insert as specified. begin delete 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. end delete The bill would require each foster youth services begin delete program end delete begin insert , coordinating program, as a condition of receiving funding, end insert to develop and implement a foster youth services begin insert coordinating end insert plan, as specified, begin delete 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. end delete begin insert for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the certain population priorities. end insert The bill would require each foster youth services program to establish a local interagency Executive Advisory Council, as provided.

(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.

begin delete

The bill

end delete

begin insert This bill end insert would instead require each county office of education begin insert and consortium of county offices of education end insert providing begin insert a end insert foster youth services begin insert coordinating program end insert 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 begin insert coordinating end insert program for purposes of preparing the report that begin delete is end delete begin insert would instead be end insert submitted to the begin insert appropriate fiscal and policy committees of the end insert Legislature and the Governor by February 15 of each even-numbered begin delete year, and end delete begin insert year. The bill end insert 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 begin insert repeal those provisions and would end insert instead begin delete 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. end delete begin insert provide that the Foster Youth Services Coordinating Program shall only be operative if funding is provided for its purposes in the annual Budget Act or another enacted statute. end insert

begin delete

(5) This bill also would require the Superintendent to identify a State Foster Youth Services Coordinator 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 Coordinator 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 Coordinator to provide the statewide technical support needed to improve the educational success of pupils in foster care, as specified.

end delete begin insert

(5) This bill would require a county child welfare agency, county probation department, or local educational agency that determines that it is unable to provide tutoring, mentoring, counseling, transition, school-based social work, or emancipation services, if those services are established as needed and identified by the appropriate local educational agency, in collaboration with the county child welfare agency and county probation department, where applicable, to annually certify in writing to the applicable Foster Youth Services Coordinating Program and to the State Department of Education the reasons why it is unable to provide those services, as provided. By imposing additional duties on local officials, the bill would impose a state-mandated local program.

end insert begin insert

(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 insert begin insert

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 insert

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

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:

begin insert

(a) The Foster Youth Services (FYS) program has been a
successful program that supports the educational achievement of
pupils in foster care. This success has contributed to landmark
California education finance reform that prioritizes the educational
needs of pupils in foster care.

end insert begin insert

(b) The county office of education FYS program is uniquely
situated to support interagency collaboration and capacity
building, both at the system and individual pupil level, focused on
improving educational outcomes for pupils in foster care. This is
a key component to the successful implementation of the local
control funding formula (LCFF). The FYS program should support
and facilitate such collaboration and capacity building while
preserving the ability to provide direct services such as tutoring,
mentoring, counseling, transition, school-based social work, and
emancipation assistance when there are identified gaps in service
at the local level and the local Executive Advisory Council
establishes that these services are needed and aligned with local
control and accountability plan priorities.

end insert begin insert

(c) Pupils in foster care will benefit from increased levels of
supports and services as a result of the FYS program supporting
implementation of the LCFF for pupils in foster care.

end insert begin delete

(a)

end delete

begin insert (d) end insert  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.

begin delete

(b)

end delete

begin insert (e) end insert  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
begin delete under represented end delete begin insert underrepresented end insert 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.

begin delete

(c)

end delete

begin insert (f) end insert  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 begin delete one end delete begin insert 1 end insert in 10 pupils in foster care were English
learners.

begin insert

(5) A significant number of youth in foster care identify as
lesbian, gay, bisexual, transgender, queer, questioning, or gender
nonconforming.

end insert begin delete

(d)

end delete

begin insert (g) end insert  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.

begin delete

(e)

end delete

begin insert (h) end insert  Given their current academic status, pupils in foster care are
more likely to achieve begin delete to end delete 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, begin delete and other support services. end delete begin insert support services offered to
lesbian, gay, bisexual, transgender, queer, questioning, and gender
nonconforming youth, and other assistance relevant to their
experience. end insert

begin delete

(f)

end delete

begin insert (i) end insert  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 pupil academic achievement standards
to which all pupils are held, begin delete and end delete provided access to a rigorous
curriculum, adequately prepared to enter postsecondary education,
and afforded the academic resources, services, and extracurricular
and enrichment activities made available to other pupils enrolled
in California’s public 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 courts will work together to ensure that each pupil is
placed in the least restrictive educational environment.

begin delete

(g)

end delete

begin insert (j) end insert  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.  

begin delete

(a) Commencing with the 2016-17 fiscal year, 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 their local control funding formula
apportionment, an allowance from the amount annually transferred
to Section A of the State School Fund equal to the amount the
school district spent on foster children service programs in the
2014-15 fiscal year, 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.

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

(c) 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.

(d) 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.

end delete begin insert

(a) Commencing with the 2015-16 fiscal year, and each fiscal
year thereafter, the Foster Youth Services Coordinating Program,
administered by the Superintendent, is hereby established to
provide supplemental funding to county offices of education, or a
consortium of county offices of education, to coordinate and ensure
that local educational agencies within its jurisdiction are providing
services to foster youth pupils pursuant to the plan established in
Section 42921, with the purpose of ensuring positive educational
outcomes.

end insert begin insert

(b) A county office of education, or a consortium of county
offices of education, receiving funds under this program, and the
local educational agencies within the county or consortium of
counties, shall coordinate services to ensure that, for the 2015-16
and 2016-17 fiscal years, the level of direct services provided to
support foster youth pupils is not less than what was provided in
the 2014-15 fiscal year through the foster youth services program
established pursuant to Section 42921, as it read on June 30, 2015.
In meeting this requirement, services for foster youth pupils may
be provided through one or any combination of state funding,
including, but not limited to, the local control funding formula, or
federal, local, or other funding.

end insert

SEC. 4.  

Section 42921 of the Education Code is amended to
read:

42921.  

(a)  begin delete In addition to the six program sites specified in
Section 42920.5, a end delete begin insert A end insert 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 begin insert coordinating end insert
program to provide educational support for pupils in foster care.

(b) Each foster youth services begin insert coordinating end insert program operated
pursuant to this chapter, begin insert if sufficient funds are available, end insert 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 begin delete (e) end delete begin insert subdivisions (d) and (e) end insert to any pupil
in foster care residing or attending school in the begin delete county. end delete begin insert county or
consortium of counties. end insert

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

(d)  begin delete (1) end delete begin delete   end delete 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 begin delete services. end delete begin insert services coordinating. Priority
shall be given to pupils who are living in out-of- end insert begin insert home placements. end insert

begin delete

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

end delete

(e)  begin delete Each end delete begin insert As a condition of receiving funds pursuant to this
chapter, each end insert foster youth services begin insert coordinating end insert program operated
begin insert by a county office of education or a consortium of county offices
of education end insert pursuant to this chapter shall develop and implement
a foster youth services begin delete plan. end delete begin insert coordinating plan for purposes of
establishing guiding principles and protocols to provide supports
for foster care pupils aligned with the population priorities
established in paragraph (f). end insert The plan shall begin delete document how the
program will, to the extent possible, do end delete begin insert include, to the extent
possible, but not be limited to, end insert the following:

(1)  begin delete Collaborate end delete begin insert (A) end insert begin insert   end insert begin insert A description of how the program will
establish ongoing collaboration end insert with begin insert local educational agencies, end insert
county child welfare agencies, begin insert and end insert county probation begin delete departments,
and local educational agencies to end delete begin insert departments, to determine the
proper educational placement of the foster youth. This includes,
but is not limited to, the following: end insert

begin insert

(i) Building the capacity of county agencies, school districts,
and community organizations to better support the educational
success of pupils in foster care.

end insert begin insert

(ii) Facilitating collaboration between county agencies, school
districts, and community organizations to ensure coordinated and
nonduplicative service delivery and to ensure pupils in foster care
receive the educational supports and services they need to succeed
in school.

end insert begin insert

(iii) Providing services and educational case management in
support of individual pupils in foster care, as necessary.

end insert

begin insert (B) end insert begin insert   end insert begin insert The primary goal of the collaboration required pursuant
to this section shall be to end insert minimize changes in school placement
and support the implementation of subdivision (c) of Section
48853. begin delete To the extent possible, end delete begin insert As necessary, and in accordance
with Section 48853.5, end insert the foster youth services begin insert coordinating end insert
program may pay for the cost of transportation to support this
paragraph.

begin delete

(2) Collaborate with county child welfare agencies, county
probation departments, and local educational agencies so that when

end delete

begin insert (i) end insert begin insert   end insert begin insert If end insert it is in the best interests of a pupil in foster care to transfer
schools, begin insert local educational agencies shall ensure end insert 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.

begin delete

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

end delete begin delete

(A) Collaborate with county child welfare agencies, county
probation departments, and local educational agencies to ensure
pupils in foster care have an active education team that, to the
extent possible, may include

end delete

begin insert (ii) end insert begin insert   end insert begin insert In determining the appropriate educational placement of
foster youth pupils, local educational agencies, county welfare
agencies, and county probation departments shall consult with end insert an
educational rights holder, caregiver, social worker, teacher,
counselor, court-appointed special advocate, other stakeholders,
and the pupil, begin delete if end delete begin insert as end insert appropriate. begin insert The purpose of the consultation
shall be to ensure all educational programmatic options are
considered, including, but not limited to, English learner, special
education, advanced placement, and career technical education. end insert

begin delete

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

(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.
For purposes of this section, “education plans” includes, but is not
limited to, existing education plans such as individualized
education programs, student success plans, and multidisciplinary
team plans. Nothing in this section shall be construed to prevent
local educational agencies from establishing additional education
plans.

(D) Provide tutoring, mentoring, counseling, transition,
school-based social work, and emancipation services, if those
services are 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 the county
child welfare agency, county probation department, or local
educational agency are unable to provide those services.

(E) Maintain information on all of the following for purposes
of ensuring that pupils in foster care, educational 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, educational 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) Facilitate, on behalf of individual pupils in foster care, to
ensure:

(A) Transfer of records.

(B) Transcript analysis.

(C) Credit recovery.

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

(E) Timely placement in English learner programs, in
collaboration with local educational agencies, 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, 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, and
graduation requirements.

(5) Collaborate, to the extent possible, with local educational
agencies, county child welfare agencies, juvenile courts, county
probation departments, and special education local plan areas in
an effort to have pupils in foster care have an identified educational
rights holder with the capacity to support educational success by:

(A) Helping a local educational agency identify the educational
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 educational rights
holder.

(C) Recruiting volunteer educational 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 educational 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 local educational agencies to facilitate
information sharing, to the extent possible. 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 care, to the extent possible. This
includes, but is not limited to:

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

(B) Facilitating communication and collaboration between local
educational agencies 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 local
educational agencies, 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 work with their county office of education to ensure
the implementation of subdivision (c) of Section 52060 and
subdivision (c) of Section 52066 for pupils in foster care. In doing
so, the foster youth services programs may consider, but are not
limited to, the following in their support of local educational
agencies in developing and implementing the specific actions and
strategies to support the educational achievement of pupils in foster
care:

(1) Ensuring that the local educational agency 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 local educational agency’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 local educational agency, 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, college planning, and financial aid
workshops and counseling.

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

(5) Developing, monitoring, and regularly updating education
plans 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 needed by the pupil to succeed academically.

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

end delete begin insert

(2) (A) If the county child welfare agency, county probation
department, or local educational agency certifies in writing
pursuant to subparagraph (B) that it is unable, using any other
state, federal, local, or private funds, to provide tutoring,
mentoring, counseling, transition, school-based social work, or
emancipation services, and if those services are established as
needed and identified by the appropriate local educational agency,
in collaboration with the county child welfare agency and county
probation department, where applicable, a description of how
foster youth pupils will receive those services.

end insert begin insert

(B) If the county child welfare agency, county probation
department, or local educational agency determines that it is
unable to provide the services listed in subparagraph (A), it must
annually certify in writing to the applicable foster youth services
coordinating program and to the department the reasons why it
is unable to provide the services. In doing so, it must identify all
other state, local, federal, or private funds available for use for
those purposes, and the reasons why each is unavailable for
support of those services.

end insert begin insert

(C) It is the intent of the Legislature that local educational
agencies include information provided in subparagraph (D) in
their local control and accountability plans when describing their
services for foster youth pupils as required pursuant to paragraph
(10) of subdivision (d) of Section 52066.

end insert begin insert

(D) It is the intent of the Legislature that county offices of
education, in the development and adoption of their local control
and accountability plans, include information specific to the
transition requirement established pursuant to subdivision (b) of
Section 42920.5 when describing the coordination of services for
foster youth pupils required pursuant to paragraph (10) of
subdivision (d) of Section 52066.

end insert begin insert

(3) (A) Policies and procedures to ensure educational
placement for a foster youth pupil is not delayed, including, but
not limited to, facilitating the establishment of an individualized
education plan in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), if
applicable, the transfer of records, transcripts, and other relevant
educational information.

end insert begin insert

(B) The plan shall also describe how the program will facilitate
coordination with local postsecondary educational institutions,
including, but not limited to, the California Community Colleges,
the California State University, and the University of California,
to ensure foster youth pupils meet admission requirements and
access programs that support their matriculation needs.

end insert begin insert

(4) Policies and procedures for local educational agencies,
county welfare agencies, and county probation departments to
share all relevant educational information for foster youth to
ensure the court has updated and accurate information as it makes
decisions regarding foster youths.

end insert begin insert

(f) When developing the plan required pursuant to this section,
the county office of education, or the consortium of county offices
of education, shall consider 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
coordinating program is encouraged to first provide services for
pupils in foster care who reside in group homes, institutional
settings, or other placements with pupils with high academic needs,
as determined by the local Executive Advisory Council.

end insert

(g)  begin insert (1) end insert begin insert   end insert Each foster youth services begin insert coordinating end insert program
operated pursuant to this chapter shall establish a local interagency
Executive Advisory Council.

begin delete

(1)

end delete

begin insert (2) end insert  The Executive Advisory Council shall include
representatives from the county child welfare agency, the county
probation department, local educational agencies, local
postsecondary educational institutions, and community
organizations. If possible, the Executive Advisory Council may
include, but is not limited to, foster youth, caregivers, educational
rights holders, dependency attorneys, court representatives,
court-appointed special advocates, and other interested
stakeholders.

begin delete

(2)

end delete

begin insert (3) end insert  The foster youth educational services coordinator shall be
a permanent member of the Executive Advisory Council.

begin delete

(3)

end delete

begin insert (4) end insert  The Executive Advisory Council shall regularly review the
recommendations to the foster youth services plan required
pursuant to subdivision (e). In the event of a disagreement, the
foster youth educational services coordinator begin insert or a member of the
council end insert may ask the begin delete State Foster Youth Services Coordinator end delete
begin insert Superintendent end insert to mediate a solution.

begin delete

SEC. 5.  

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.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 42922 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

42922.  

Any school district which provides educational services
for foster children pursuant to Section 42921 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.

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.

end delete

SEC. 6.  

Section 42923 of the Education Code is amended to
read:

42923.  

(a) Each county office of education begin insert and consortium of
county offices of education end insert providing begin insert a end insert foster youth services
begin insert coordinating program end insert 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 and as
accessible to the begin delete foster youth services program end delete begin insert Foster Youth
Services Coordinating Program end insert for purposes of subdivision (b).

(b) The Superintendent shall, by February 15 of each
even-numbered year, report to the begin insert appropriate policy and fiscal
committees of the end insert Legislature and the Governor on the begin delete foster youth
services programs. end delete begin insert Foster Youth Services Coordinating Program. end insert
The report shall begin delete be prepared with the advice and assistance of
providers of foster youth services and shall end delete include, but not be
limited to, the following:

(1) Recommendations regarding the begin insert effectiveness and end insert
continuation of the begin delete foster youth services programs. end delete begin insert Foster Youth
Coordinating Program. end insert

begin delete

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

end delete begin delete

(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.

end delete begin delete

(4) Aggregate educational

end delete

begin insert end insert
begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert To the extent possible, aggregate educational end insert 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:

begin delete

(A)

end delete

begin insert (i) end insert  The number of pupils in foster care who attended school in
the county.

begin delete

(B)

end delete

begin insert (ii) end insert  The academic achievement of the pupils in foster care who
attended school in the begin delete county. end delete begin insert county, as determined by quantitative
and qualitative data currently collected by program participants. end insert

begin delete

(C)

end delete

begin insert (iii) end insert  The number of pupils in foster care who were suspended
or expelled.

begin delete

(D)

end delete

begin insert (iv) end insert  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.

begin delete

(E)

end delete

begin insert (v) end insert  The truancy rates, attendance rates, and dropout rates for
pupils in foster care.

begin delete

(F) (i)  The

end delete

begin insert (vi) end insert begin insert   end insert begin insert (I) end insert begin insert   end insert begin insert The end insert number of pupils in foster care participating in foster
youth services begin insert coordinating end insert programs pursuant to this chapter who
successfully transition to postsecondary education.

begin delete

(ii)

end delete

begin insert (II) end insert  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 begin insert coordinating end insert program
pursuant to this chapter.

begin delete

(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 delete begin delete

(6)

end delete begin insert

(B) In meeting the requirement of this section, the
Superintendent shall utilize data, where appropriate, reported
pursuant to Section 49085.

end insert

begin insert (3) end insert  A discussion of the meaning and implications of the
indicators contained in paragraph begin delete (4). end delete begin insert (2). end insert

begin insert

(4) Information about how the program has supported the
development and implementation of new local educational agency
and county agency policies, practices, and programs aimed at
improving the educational outcomes of pupils in foster care.

end insert begin insert

(5) Information about how the program has improved
coordination of services between local educational agencies and
county agencies, including the types of services provided to pupils
in foster care.

end insert

SEC. 7.  

Section 42924 of the Education Code is amended to
read:

42924.  

begin insert

(a) The Foster Youth Services Coordinating Program
shall not be operative unless funding is provided for this purpose
in the annual Budget Act or another enacted statute.

end insert

begin insert (b) end insert begin insert   end insert Any funds allocated to county offices of education begin insert or
consortia of county offices of education end insert for foster youth services
begin insert coordinating programs end insert pursuant to Section begin delete 42922 end delete begin insert 42921 end insert shall be
used only for foster youth services begin insert coordinating programs end insert and
any funds not used by begin delete school districts or county offices of
education end delete begin insert local educational agencies end insert for those services shall revert
to the state General Fund.

SEC. 8.  

Section 42925 of the Education Code is repealed.

SEC. 9.  

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

42925.  

(a) Each county office of education begin insert and consortium of
county offices of education end insert with a foster youth services
begin insert coordinating end insert program operated pursuant to this chapter shall, to
the extent possible, develop and enter into a memorandum of
understanding, contract, or formal agreement with the county child
welfare agency pursuant to which foster youth services
begin insert coordinating end insert 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 explain in writing,
annually, why a memorandum of understanding is not practical or
feasible.

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

SEC. 10.  

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

42926.  

(a) The Superintendent shall begin delete identify a State end delete begin insert administer
the end insert Foster Youth Services begin delete Coordinator within the department who end delete
begin insert Coordinating Program and end insert shall be responsible for all of the
following:

(1) Monitoring implementation of this chapter.

(2) Facilitating the data sharing and reporting begin delete described in
Section 49085. end delete begin insert necessary to meet the requirements of Section
42923. end insert

begin delete

(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.

end delete begin delete

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

end delete begin delete

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

end delete begin delete

(6) Review a

end delete

begin insert (3) end insert begin insert   end insert begin insert Ensure a end insert county office of education’s local control and
accountability plan begin delete as it relates to foster youth. end delete begin insert addresses the needs
of foster youth, as required pursuant to paragraph (10) of
subdivision (d) of Section 52066. end insert

begin delete

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

end delete begin insert

(b) The Superintendent may use up to 5 percent of funding
allocated for the Foster Services Coordinating Program to contract
with a local educational agency to administer the program
established pursuant to this chapter, including, but not limited, to
providing technical assistance to county offices of education, or
consortia of county offices of education, as they implement this
program.

end insert

begin delete

SEC. 11.  

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 Coordinator 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 local educational agencies 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.

end delete

begin insert

begin insert SEC. 11. end insert   

end insert begin insert

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.

end insert