BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 854             
           ----------------------------------------------------------------- 
          |Author:    |Weber                                                |
          |-----------+-----------------------------------------------------|
          |Version:   |July 9, 2015                                Hearing  |
          |           |Date         July 15, 2015                           |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:      |Yes            |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|Lynn Lorber                                          |
          |           |                                                     |
           ----------------------------------------------------------------- 
          
          Subject:  Educational services:  pupils in foster care

            SUMMARY
          
          This bill restructures the existing Foster Youth Services  
          program by shifting the primary function from direct services  
          provided by county offices of education and six school  
          districts, to a program of coordination to assist school  
          districts in meeting their statutory obligation to improve the  
          educational outcomes of foster youth pursuant to the Local  
          Control Funding Formula.

            BACKGROUND
          
          Existing law:

          1)Provides funding for the instruction, counseling, tutoring and  
            related services for foster youth to the following unified  
            school districts and consortia that have successfully operated  
            foster youth services program sites:  Elk Grove, Mount Diablo,  
            Sacramento City, San Juan, and Paramount, and the  
            Placer-Nevada consortium.  (Education Code § 42920)

          2)Authorizes any county office of education, or consortium of  
            county offices of education, (in addition to the six program  
            sites listed above) to apply to the Superintendent of Public  
            Instruction for grant funding to operate an education-based  
            foster youth services (FYS) program to provide educational and  
            support services for foster youth who reside in a licensed  
            foster home or county-operated juvenile detention facility.  A  







          AB 854 (Weber)                                          Page 2  
          of ?
          
          
            FYS program is authorized to prescribe the methodology for  
            determining which youth may be served, including serving  
            specific age groups, serving youth in specific geographic  
            areas with the highest concentration of foster youth, or  
            serving the youth with the greatest academic need.  (EC §  
            42921)

          3)Requires each FYS program to have at least one person  
            identified as the foster youth educational services  
            coordinator, who is to facilitate the provision of educational  
            services to any foster child in the county who is under the  
            jurisdiction of the juvenile court who is placed in a licensed  
            foster home or county-operated juvenile detention facility.   
            Existing law requires the responsibilities of the foster youth  
            educational services coordinator to include all of the  
            following:

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

             b)   Facilitating the prompt transfer of educational records  
               between educational institutions when placement changes are  
               necessary.

             c)   Providing education-related information to the child  
               welfare agency to assist the child welfare agency to  
               deliver services to foster children, including educational  
               status and progress information required for inclusion in  
               court reports.

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

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

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

             g)   Sharing information with the foster care provider  








          AB 854 (Weber)                                          Page 3  
          of ?
          
          
               regarding available training programs that address  
               education issues for children in foster care.

             h)   Referring caregivers of foster youth who have special  
               education needs to special education programs and services.  
                (EC § 42921)

          4)Requires each school district operating a foster youth  
            services (FYS) program to report, by January 1 of  
            even-numbered years, to the Superintendent of Public  
            Instruction (SPI) any information required by the SPI.   
            Existing law requires the SPI to report, by February 15 of  
            even-numbered years, to the Legislature and Governor on the  
            FYS program, including:

             a)   Recommendations regarding the continuation of services.

             b)   Recommendations regarding the effectiveness of the  
               services.

             c)   Recommendations regarding the broadening of the  
               application of those services.

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

               i)     Student academic achievement.

               ii)       The incidence of student discipline problems or  
                 juvenile delinquency.

               iii)      Student dropout rates or truancy rates.

             a)   A discussion of the meaning and implications of the  
               indicators listed above.  
          (EC § 42923)

          1)Requires the Superintendent of Public Instruction (SPI) to  
            form an advisory committee to make recommendations regarding  
            the allocation of available funds to applicant school  
            districts.  (EC § 42925)









          AB 854 (Weber)                                          Page 4  
          of ?
          
          
          SB 97 (Committee on Budget and Fiscal Review, Ch. 11, 2015)  
          among other things, appropriates $25,379,000 to fund foster  
          youth services pursuant to legislation enacted in 2015 that  
          aligns program requirements to reflect the establishment of the  
          Local Control Funding Formula.  

            ANALYSIS
          
       1)Reestablishes the Foster Youth Services (FYS) program as the  
            Foster Youth Services Coordinating (FYSC) program, beginning  
            with the 2015-16 fiscal year, administered by the  
            Superintendent of Public Instruction (SPI), to provide  
            supplemental funding to county offices of education or a  
            consortium of county offices of education.  This bill requires  
            the SPI to be responsible for all of the following:

               a)    Monitoring implementation of the FYSC program.

               b)    Facilitating data sharing and reporting necessary to  
               meet the requirements of this bill.

               c)    Ensure a county office of education's local control  
               and accountability plan addresses the needs of foster  
               youth, pursuant to existing law.

       2)Authorizes the SPI to use up to 5% of funding allocated for the  
            FYSC program to contract with a local educational agency to  
            administer the FYSC program, including providing technical  
            assistance to county offices of education or consortiums of  
            county offices of education in the implementation of the FYSC  
            program.

       3)Conditions the operation of the FYSC program with the provision  
            of funding for this purpose in the annual Budget Act or  
            another enacted statute.

       4)Strikes reference to the six "core" school districts that have  
            administered and received funds for the prior FYS program,  
            thereby deleting the existing authority for these school  
            districts to directly receive funding for the FYSC program.

       5)Expands the revamped FYSC program to extend eligibility to all  
            foster youth, including those placed in kinship care, by  
            aligning the definition of "foster youth" for purposes of the  








          AB 854 (Weber)                                          Page 5  
          of ?
          
          
            FYSC program with the definition of "foster youth" for  
            purposes of the Local Control Funding Formula.  

          Role of county offices of education
               
       6)Requires, beginning with the 2015-16 fiscal year, a county office  
            of education or consortium of county offices of education that  
            receives FYCS funds to coordinate with school districts within  
            its jurisdiction and ensure those districts are providing 


            services to foster youth as specified in the county's foster  
            youth services coordinating plan (see comment # 9) with the  
            purpose of ensuring positive educational outcomes.  

       7)Requires a county office of education, or a consortium of county  
            offices of education, receiving FYCS funds and the school  
            districts within the county 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 is not less  
            than what was provided in the 2014-15 fiscal year through the  
            prior Foster Youth Services (FYS) program.  This bill  
            authorizes, to meet this requirement, services to be provided  
            through one or any combination of state funds, including the  
            Local Control Funding Formula, federal, local, or other funds.

       8)Requires each county office of education with a Foster Youth  
            Services Coordinating (FYSC) 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 federal funds and any other funds that may  
            be used to specifically address the educational needs of  
            students in foster care, or explain annually in writing why a  
            memorandum of understanding is not practical or feasible.   
            This bill encourages each FYCS program to consider leveraging  
            other local funding opportunities to support the educational  
            success of students in foster care.

       9)Requires, as a condition of receiving FYCS program funds, a  
            county office of education, or a consortium of county offices  
            of education, to develop and implement a foster youth services  
            coordinating plan for the purpose of establishing guiding  
            principles and protocols to provide supports for foster youth  
            that are aligned with the established priorities (see #23).   








          AB 854 (Weber)                                          Page 6  
          of ?
          
          
            The plan must include, to the extent possible, the  
            establishment of on-going collaboration with local education  
            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:

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

               b)    Facilitating collaboration between county agencies,  
               school districts and community organizations to ensure  
               coordinated and non-duplicative service delivery and to  
               ensure students in foster care receive the educational  
               supports and services they need to succeed in school.

               c)    Providing services and educational case management in  
               support of individual students in foster care, as  
               necessary.

               d)    A description of how the program will facilitate  
               coordination with local postsecondary educational  
               institutions, including the University of California,  
               California State University and California Community  
               Colleges, to ensure foster youth meet admission  
               requirements and access programs that support their  
               matriculation needs.

               e)    Policies and procedures for school districts, 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 youth.  

       10)States legislative intent that a county office of education, in  
            the development and adoption of its local control and  
            accountability plan, include information specific to the  
            transition from the prior Foster Youth Services (FYS) program  
            (where six school districts were directly funded), when  
            describing the coordination of services for foster youth as  
            currently required for the local control and accountability  
            plan.









          AB 854 (Weber)                                          Page 7  
          of ?
          
          
          Role of school districts and other local agencies
          
       11)Requires a school district, county child welfare agency, or  
            county probation department, if it determines that it is  
            unable to provide services identified by the school district,  
            to annually certify in writing to the Foster Youth Services  
            Coordinating (FYSC) program and to the California Department  
            of Education the reasons why it is unable to provide the  
            services.  The certification must include reasons why state,  
            local, federal or private funds are unavailable for support of  
            those services.  

       12)Requires a school district to provide a description (as part of  
            the written certification) of how foster youth will receive  
            services, if the school district, county child welfare agency  
            or county probation department certifies that it is unable to  
            provide services that are established as needed and identified  
            by the school district.

       13)States legislative intent that school districts include  
            information specific to the transition requirement for the  
            2015-16 and 2016-17 fiscal years (see #7) in their local  
            control and accountability plan when describing services for  
            foster youth.  

          Educational placement

       14)Requires the primary goal of the collaboration to be to minimize  
            changes in school placement and to support the placement of  
            foster youth in regular public schools (rather than in  
            alternative educational settings).  

       15)Requires a school district, if it is in the best interests of a  
            foster youth, to ensure transfers are done at an educationally  
            appropriate time, educational records are quickly transferred,  
            appropriate partial credits are awarded, and the foster youth  
            is quickly enrolled in appropriate classes.  

       16)Requires a county office of education to establish policies and  
            procedures to ensure educational placement for a foster youth  
            is not delayed, including facilitating the establishment of an  
            individualized education program if applicable, and the  
            transfer of records, transcripts and other relevant  
            educational information.  








          AB 854 (Weber)                                          Page 8  
          of ?
          
          

       17)Requires LEAs, county welfare agencies, and county probation  
            departments, in determining the appropriate educational  
            placement of a foster youth, to consult with the following  
            individuals as appropriate:  an educational rights holder,  
            caregiver, social worker, teacher, counselor, court-appointed  
            special advocate, other stakeholders and the student.  This  
            bill provides that the purpose of the consultation is to  
            ensure all educational programmatic options are considered,  
            including English learner programs, special education,  
            advanced placement, and career technical education.  

       18)Authorizes Foster Youth Services Coordinating (FYSC) to pay for  
            the cost of transportation to support the existing requirement  
            that foster youth be allowed to remain in their school of  
            origin.

          Coordination and oversight

       19)Requires each FYSC program to establish a local interagency  
            Executive Advisory Council, and requires the council to  
            include representatives from the county child welfare agency,  
            the county probation department, local educational agencies,  
            local postsecondary educational institutions, and community  
            organizations.  The foster youth educational services  
            coordinator is to be a permanent member of the council.  This  
            bill authorizes the Executive Advisory Council to include, if  
            possible, foster youth, caregivers, educational rights  
            holders, dependency attorneys, court representatives,  
            court-appointed special advocates, and other interested  
            stakeholders.  

       20)Requires the Executive Advisory Council to regularly review the  
            recommendations of the foster youth services plan, and  
            authorizes a member of the Executive Advisory Council or the  
            foster youth educational services coordinator to request the  
            Superintendent of Public Instruction (SPI) to mediate a  
            solution in the event of a disagreement.  

       21)Encourages a FYSC program to first provide services to students  
            in foster care who reside in a group home, institutional  
            setting, or other placement with students with high academic  
            needs, as determined by the local Executive Advisory Council.









          AB 854 (Weber)                                          Page 9  
          of ?
          
          
       22)Deletes the existing requirement that the SPI form an advisory  
            committee to make recommendations regarding the allocation of  
            funding to school districts.

          Miscellaneous
               
       23)Requires that priority be given to foster youth who are living  
            in and out of home placements.

       24)Specifies that the report that is currently required to be  
            provided to the Legislature is to be provided to the  
            appropriate policy and fiscal committees of the Legislature,  
            expands recommendations to include those regarding the  
            effectiveness of the program, and modifies outcome data as  
            follows:

               a)    Deletes information which shall be sufficient to  
               determine, at a minimum, whether these services have  
               resulted in a major quantitative improvement or  
               deterioration in student academic achievement, the  
               incidence of student discipline problems or juvenile  
               delinquency, and student dropout or truancy rates.



               b)    Adds, to the extent possible, aggregate educational  
               outcome data for each county in which there were at least  
               15 students in foster care, with information on each of the  
               following indicators:

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

                   ii)     The academic achievement of the students in  
                 foster care, as determined by quantitative and  
                 qualitative data currently collected by program  
                 participants.

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

                   iv)     The number of students in foster care who were  
                 placed in a juvenile hall, camp, ranch, or other  
                 county-operated juvenile detention facility because of an  








          AB 854 (Weber)                                          Page 10  
          of ?
          
          
                 incident of juvenile delinquency.

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

                   vi)     The number of students in foster care  
                 participating in foster youth services programs who  
                 successfully transition to postsecondary education.  This  
                 bill requires the California Department of Education to  
                 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 students  
                 in foster care.

               c)    Adds 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 students in  
               foster care.

               d)    Adds information about how the program has improved  
               coordination of services between local educational agencies  
               and county agencies, including the types of services  
               provided to foster youth.

       25)Deletes all specified responsibilities of the local educational  
            agency foster youth educational services coordinator, and  
            instead places the responsibility for meeting the requirements  
            of this bill with county offices of education operating a  
            foster youth services coordinating program.

       26)States legislative intent to establish criteria to determine the  
            allocation of funds to foster youth services coordinating  
            programs, including criteria that allows for school districts  
            to receive funding for this program.

       27)States legislative findings and declarations relative to the  
            educational needs of students who are in foster care and the  
            benefits of interagency collaboration.

          STAFF COMMENTS
          
          1)Need for the bill.  According to the author, "Because Foster  








          AB 854 (Weber)                                          Page 11  
          of ?
          
          
            Youth Services (FYS) programs are not authorized or funded to  
            serve foster youth in relative foster care settings, an  
            estimated 67% of California's foster youth are not eligible to  
            receive FYS support that has been proven to increase the  
            educational success of students in foster care.  This bill  
            will refocus foster youth service programs such that county  
            offices of education better support the effective  
            implementation of local control funding formula requirements  
            for foster youth; support school districts in developing and  
            implementing the portion of their local control and  
            accountability plan describing the specific actions and  
            strategies the school district will undertake to increase the  
            academic performance of students in foster care, and  
            facilitate collaboration between school districts and the  
            county agencies collectively responsible for the educational  
            success of students in foster care. Having developed deep  
            expertise in foster youth education issues, the FYS programs  
            are uniquely well positioned to play this role."

          2)Consistent with the Budget.  SB 97 (Committee on Budget and  
            Fiscal Review, Ch. 11, 2015) among other things, appropriates  
                       $25,379,000 to fund foster youth services pursuant to  
            legislation enacted in 2015 that aligns program requirements  
            to reflect the establishment of the Local Control Funding  
            Formula.  AB 854 is the legislation that modifies foster youth  
            services program requirements to reflect the Local Control  
            Funding Formula and associated responsibilities of school  
            districts to directly provide services to foster youth.

          To ensure consistency with the intent of SB 97, and specific  
            language agreed upon by the Administration, staff recommends  
            the following amendments:
          
          a)   Modify the entity to whom county child welfare agencies,  
               county probation departments or local educational agencies  
               are to provide certification the reasons why it is unable  
               to provide specified services, from the foster youth  
               services coordinating program to the governing board of the  
               local educational agency in which the foster youth attends  
               school.  (On page 15, lines 39-40)

          b)   Strike reference to mediation by the Superintendent of  
               Public Instruction (SPI) in the event of a disagreement  
               within the Executive Advisory Council regarding  








          AB 854 (Weber)                                          Page 12  
          of ?
          
          
               recommendations in the foster youth services coordinating  
               plan.  (On page 17, lines 24-27)

          c)   Add "Services" on page 18, line 30-31, to read "Foster  
               Youth Services Coordinating Program."

          d)   Require, rather than authorize, the Superintendent of  
               Public Instruction to use up to 5% of the allocated funding  
               for administrative costs.  This ensures the costs to  
               administer the foster youth services coordinating program  
               are covered, rather than risking the chance of future  
               requests for additional administrative funding.  (On page  
               21, line 28)

          3)Local Control Funding Formula and foster youth.  AB 97  
            (Committee on Budget, Ch. 47, Statutes of 2013) established  
            the local control funding formula and provides local  
            educational agencies with additional funding to serve foster  
            youth.  Local educational agencies are required to identify  
            ways in which they will improve the 


            educational outcomes of foster youth in their local control  
            and accountability plans (LCAPs).  Three recent reports have  
            examined the district LCAP goals and strategies to support  
            foster youth:

          a)   A 2015 report commissioned by the National Youth Law Center  
               and conducted by SRI, International noted that while the  
               local control funding formula (LCFF) "has begun to shine a  
               bright light on the needs of foster youth," problems  
               persist in the areas of data sharing, the shortage of  
               educational rights holders, and compliance with the law  
               regarding records transfer and school enrollment, among  
               others.  The report found that "on balance, initial LCAPs  
               did not recognize the needs of foster youth."

          b)   A 2015 report from Public Counsel, which focused on school  
               climate and foster youth as reflected in LCAPs, found that  
               "districts have fallen short of collecting and analyzing  
               baseline data, and incorporating in their LCAPs specific  
               interventions to improve school climate for foster youth"  
               and that "few school districts identified unique  
               attendance-related goals or actions for foster youth."








          AB 854 (Weber)                                          Page 13  
          of ?
          
          

          c)   A 2014 report by The Education Trust-West on the first year  
               of LCFF implementation found that "most districts do not  
               directly and distinctly address the needs of foster youth  
               in their first-year LCAPs, apart from saying they will  
               receive the same services as all students."  One section of  
               that report written by FosterEd (an initiative of the  
               National Center for Youth Law,) reports that "the vast  
               majority of district LCAPs [of the 10 districts with the  
               largest enrollment of foster youth] do not include the  
               unique interventions and infrastructure elements critical  
               to help foster youth.  However, a few districts - both  
               large and small - have well-developed and promising plans  
               for closing the foster youth achievement gap.  Los Angeles  
               Unified School District's (LAUSD) plan is particularly  
               noteworthy for the large district investment in foster  
               youth.  LAUSD has allocated $9.9 million to hire 75 foster  
               youth counselors and school social workers specifically  
               responsible for identifying the student's educational  
               strengths and needs in addition to monitoring educational  
               progress." 

          4)Fiscal impact.  This bill was recently amended; a fiscal  
            analysis is not yet available for the current version of this  
            bill.  According to the Assembly Appropriations Committee's  
            analysis of the prior version of this bill:

          a)   Ongoing Proposition 98/General Fund cost pressures of  
               approximately $20 to $30 million to expand the Foster Youth  
               Services (FYS) program.  For several years, the existing  
               FYS program has received $15.2 million (Proposition  
               98/General Fund) to serve approximately one-third of foster  
               youth in California.  This bill expands services to the  
               remaining two-thirds (approximately 40,000 foster youth)  
               but does not provide additional funding.  It is estimated  
               that the costs to fully fund the program to provide the  
               same level of services for all foster youth is  
               approximately $35 million to $45 million. 

          b)   Ongoing General Fund administrative costs, in the range of  
               $300,000, to provide technical assistance to coordinate  
               resources; collect, manage and report data and other  
               program oversight requirements. 









          AB 854 (Weber)                                          Page 14  
          of ?
          
          
          5)Related and prior legislation.  

          RELATED LEGISLATION

          AB 379 (Gordon, 2015) expands the Uniform Complaint Procedures  
            to include complaints of non-compliance with certain rights  
            and responsibilities regarding the education of students who  
            are in foster care or who are homeless, including school  
            placement decisions, responsibilities of foster youth  
            liaisons, provisions regarding school transfers, exemption  
            from locally-imposed graduation requirements, and the awarding  
            of partial credit for completed coursework.  AB 379 is pending  
            in the Senate Appropriations Committee.

          AB 224 (Jones-Sawyer, 2015) requires the California Department  
            of Education to develop a standardized notice of educational  
            rights of foster youth, post the notice on its website, and  
            provide the notice to foster youth liaisons, foster youth,  
            parents or educational rights holders.  AB 224 is pending in  
            the Senate Appropriations Committee.

          PRIOR LEGISLATION

          SB 933 (Thompson, Ch. 311, 1998) expanded the FYS program  
            statewide through county offices of education, and targeted  
            funding to students residing in licensed children's  
            institutions.  

          AB 1808 (Steinberg, Ch. 75, 2006) expanded the FYS program to  
            serve youth in foster family homes, foster family agencies,  
            and juvenile detention facilities.

          AB 2489 (Leno, 2006) expanded the FYS program by establishing  
            the Foster Youth Higher Education Preparation and Support Act.  
             AB 2489 was held in the Senate Appropriations Committee.

            SUPPORT
          
          Alliance for Children's Rights
          California Peace Alliance
          CASA of Santa Cruz County
          Equality California
          Humboldt County Office of Education
          John Burton Foundation for Children Without Homes








          AB 854 (Weber)                                          Page 15  
          of ?
          
          
          Los Angeles Area Chamber of Commerce
          Los Angeles County Office of Education
          National Center for Youth Law

            OPPOSITION
           
           None received.

                                      -- END --