Amended in Senate August 18, 2015

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, 42923, and 42924 of, to add Section 42926 to, begin insert to repeal Section 42922 of, and end insert to repeal and add Sections 42920 and 42925 of, begin delete and to repeal Section 42922 of, end delete 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, in addition to the 6 specified program sites, 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 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, begin insert as specified, end insert 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 authorize a county office of education, or consortium of county offices of education, to apply to the Superintendent for grant funding, to the extent funds are available, to operate an education-based foster youth services coordinating program to provide educational support for pupils in foster care. 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.

(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.

This bill would instead require each foster youth services coordinating program to identify the 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 or consortium of counties, as specified. The bill would require each foster youth services, coordinating program, as a condition of receiving funding, to develop and implement a foster youth services coordinating plan, as specified, for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with begin delete the end delete certain population priorities. 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.

This bill would instead require each county office of education and consortium of county offices of education providing a foster youth services coordinating program 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 coordinating program for purposes of preparing the report that would instead be submitted to the appropriate fiscal and policy committees of the Legislature and the Governor by February 15 of each even-numbered year. The bill 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 repeal those provisions and would instead 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.

(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 begin delete applicable Foster Youth Services Coordinating Program end delete begin insert governing board of the local educational agency in which the foster youth attends school end insert 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.

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

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

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

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

SECTION 1.  

Section 42920 of the Education Code is repealed.

SEC. 2.  

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

42920.  

The Legislature finds and declares all of the following:

(a) 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.

(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.

(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.

(d) 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.

(e) 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
underrepresented 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.

(f) 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 1 in 10 pupils in foster care were English learners.

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

(g) 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.

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

(i) 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, 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.

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

SEC. 3.  

Section 42920.5 of the Education Code is amended to
read:

42920.5.  

(a) 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.

(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.

SEC. 4.  

Section 42921 of the Education Code is amended to
read:

42921.  

(a) A county office of education, or consortium of
county offices of education, may elect to apply to the
Superintendent for grant funding, to the extent funds are available,
to operate an education-based foster youth services coordinating
program to provide educational support for pupils in foster care.

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

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

(d) It is the intent of the Legislature that pupils in foster care
with the greatest need for services be identified as the first priority
for foster youth services begin delete coordinating. end delete begin insert coordinating programs. end insert
Priority shall be given to pupils who are living in out-of-home
placements.

(e) As a condition of receiving funds pursuant to this chapter,
each foster youth services coordinating program operated by a
county office of education or a consortium of county offices of
education pursuant to this chapter shall develop and implement a
foster youth services 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). The plan shall include, to the extent possible, but
not be limited to, the following:

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

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

(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.

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

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

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

(ii) In determining the appropriate educational placement of
foster youth pupils, local educational agencies, county welfare
agencies, and county probation departments shall consult with an
educational rights holder, caregiver, social worker, teacher,
counselor, court-appointed special advocate, other stakeholders,
and the pupil, as appropriate. 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.

(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.

(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 begin delete applicable foster youth services
coordinating program end delete begin insert governing board of the local educational
agency in which the foster youth attends school end insert 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.

(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.

(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.

(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
begin delete plan end delete begin insert program end insert 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.

(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.

(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.

(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.

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

(2) 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.

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

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

SEC. 5.  

Section 42922 of the Education Code is repealed.

SEC. 6.  

Section 42923 of the Education Code is amended to
read:

42923.  

(a) Each county office of education and consortium of
county offices of education providing a foster youth services
coordinating program 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 Foster Youth Services Coordinating Program for
purposes of subdivision (b).

(b) The Superintendent shall, by February 15 of each
even-numbered year, report to the appropriate policy and fiscal
committees of the Legislature and the Governor on the Foster
Youth Services Coordinating Program. The report shall include,
but not be limited to, the following:

(1) Recommendations regarding the effectiveness and
continuation of the Foster Youth begin insert Services end insert Coordinating Program.

(2) (A) To the extent possible, aggregate educational outcome
data for each county in which there were at least 15 pupils in foster
care who attended school in the county, with information on each
of the following indicators:

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

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

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

(iv) 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.

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

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

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

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

(3) A discussion of the meaning and implications of the
indicators contained in paragraph (2).

(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.

(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.

SEC. 7.  

Section 42924 of the Education Code is amended to
read:

42924.  

(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.

(b) Any funds allocated to county offices of education or
consortia of county offices of education for foster youth services
coordinating programs pursuant to Section 42921 shall be used
only for foster youth services coordinating programs and any funds
not used by local educational agencies 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 and consortium of
county offices of education with a foster youth services
coordinating 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
coordinating 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
coordinating 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 administer the Foster
Youth Services Coordinating Program and shall be responsible
for all of the following:

(1) Monitoring implementation of this chapter.

(2) Facilitating the data sharing and reporting necessary to meet
the requirements of Section 42923.

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

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

SEC. 11.  

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.