BILL NUMBER: AB 1261	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 22, 2005

   An act to amend Sections 48853, 48853.5, 48859, and 49069.5 of the
Education Code, and to amend Section 319 of the Welfare and
Institutions Code, relating to foster children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1261, as introduced, Leno.   Foster children: education.
   Existing law requires a pupil placed in a licensed children's
institution or foster family home to attend programs operated by the
local educational agency, unless one of certain circumstances
applies.
   This bill would revise the applicable circumstances.
   The bill would also define "local educational agency" for these
purposes.
   Existing law provides that, if a school placement dispute arises,
a foster child has the right to remain in his or her school of origin
pending resolution of the dispute.
   This bill would provide that the dispute shall be resolved in
accordance with the existing dispute resolution process available to
any pupil served by the local educational agency.
   Existing law provides that "school of origin" means the school
that the foster child attended when permanently housed or the school
in which the foster child was last enrolled. Existing law requires
the educational liaison for foster children to determine, as
provided, the school that shall be deemed the school of origin for a
foster child if, among other things, there is some other school that
the foster child attended with which the foster child is connected.
   This bill would additionally require that the foster child
attended that connected school in the past 15 months.
   Existing law provides that the proper and timely transfer between
schools of pupils in foster care is the responsibility of both the
local educational agency and the county placing agency and imposes
various requirements relating to the transfer of those pupils between
schools.
   This bill would define "pupil in foster care" for these purposes.

   Existing law sets forth the circumstances under which a minor may
be adjudged a dependent child of the juvenile court, and establishes
procedures to determine temporary placement of a dependent child.
   This bill would authorize the court, at the initial hearing or
anytime thereafter up until the time that the minor is adjudged a
dependent child of the court or a finding is made dismissing the
petition, to temporarily limit the right of the parent or guardian to
make educational decisions for the child and temporarily appoint a
responsible adult to make educational decisions for the child if all
of specified conditions are found.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48853 of the  Education Code  is amended to
read:
   48853.  (a) A pupil placed in a licensed children's institution or
foster family home shall attend programs operated by the local
educational agency, unless one of the following applies:(1)  The
pupil is entitled to remain in his or her school of origin pursuant
to paragraph (1) of subdivision (d) of Section 48853.5. 
    (2)    The pupil has an individualized
education program requiring placement in a nonpublic, nonsectarian
school or agency, or in another local educational agency.  
   (2) 
    (3)    The parent or guardian, or other person
holding the right to make educational decisions for the pupil
pursuant to Section 361 or 727 of the Welfare and Institutions Code
or Section 56055, determines that it is in the best interest of the
pupil to be placed in another educational program  , or that
the pupil continue in   his or her school of origin
pursuant to paragraph (1) of subdivision (d) of Section 48853.5
 .
   (b) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, the parent or guardian,
or person holding the right to make educational decisions for the
pupil pursuant to Section 361 or 726 of the Welfare and Institutions
Code or Section 56055, shall first consider placement in the regular
public school.
   (c) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (e) of Section
48853.5, pending resolution of the dispute.  The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency. 
   (d) This section does not supersede other laws that govern pupil
expulsion.
   (e) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.
   (f) Foster children living in emergency shelters, as referenced in
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11431 et
seq.), may receive educational services at the emergency shelter as
necessary for short periods of time for either of the following
reasons:
   (1) For health and safety emergencies.
   (2) To provide temporary, special, and supplementary services to
meet the child's unique needs if a decision regarding whether it is
in the child's best interest to attend the school of origin cannot be
made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.
   The educational services may be provided at the shelter pending a
determination by the person holding the right regarding the
educational placement of the child.
   (g) All educational and school placement decisions shall be made
to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources, services,
and extracurricular and enrichment activities that are available to
all pupils. In all instances, educational and school placement
decisions shall be based on the best interests of the child.
  SEC. 2.  Section 48853.5 of the  Education Code  is amended to
read:
   48853.5.  (a) This section applies to any foster child who has
been removed from his or her home pursuant to Section 309 of the
Welfare and Institutions Code, is the subject of a petition filed
under Section 300 or 602 of the Welfare and Institutions Code, or has
been removed from his or her home and is the subject of a petition
filed under Section 300 or 602 of the Welfare and Institutions Code.
(b) Each local educational agency shall designate a staff person as
the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24, the educational
liaison shall be affiliated with the local foster children services
program. The liaison shall do all of the following:
   (1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
   (2) Assist foster children when transferring from one school to
another or from one school district to another in ensuring proper
transfer of credits, records, and grades.
   (c) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison is
advisory with respect to placement decisions and determination of
school of origin.
   (d) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
academic school year.
   (2) The liaison, in consultation with and the agreement of the
foster child and the person holding the right to make educational
decisions for the foster child may, in accordance with the foster
child's best interest, recommend that the foster child's right to
attend the school of origin be waived and the foster child be
enrolled in any public school that pupils living in the attendance
area in which the foster child resides are eligible to attend.
   (3) Prior to making any recommendation to move a foster child from
his or her school of origin, the liaison shall provide the foster
child and the person holding the right to make educational decisions
for the foster child with a written explanation stating the basis for
the recommendation and how this recommendation serves the foster
child's best interest.
   (4) (A) If the liaison in consultation with the foster child and
the person holding the right to make educational decisions for the
foster child agree that the best interests of the foster child would
be served by his or her transfer to a school other than the school of
origin, the foster child shall immediately be enrolled in the new
school.
   (B) The new school shall immediately enroll the foster child even
if the foster child is unable to produce records or clothing normally
required for enrollment, such as previous academic records, medical
records, proof of residency, other documentation, or school uniforms.

   (C) The liaison for the new school shall, within two business days
of the foster child's request for enrollment, contact the school
last attended by the foster child to obtain all academic and other
records. The school liaison for the school last attended shall
provide all records to the new school within two business days of
receiving the request.
   (5) If any dispute arises regarding the request of a foster child
to remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute.
 The dispute shall be resolved in accordance with the existing
dispute resolution process available to any pupil served by the local
  educational agency. 
   (6) The local educational agency and the county placing agency are
encouraged to collaborate to ensure maximum utilization of available
federal moneys, explore public-private partnerships, and access any
other funding sources to promote the well-being of foster children
through educational stability.
   (e) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled. If the school the
foster child attended when permanently housed is different from the
school in which the foster child was last enrolled, or if there is
some other school that the foster child attended with which the
foster child is connected  and which the foster child attended
  within the immediately preceding 15 months  , the
liaison, in consultation with and the agreement of the foster child
and the person holding the right to make educational decisions for
the foster child, shall determine in the best interest of the foster
child, the school that shall be deemed the school of origin.
   (f) This section does not supersede other law governing the
educational placements in juvenile court schools, as defined by
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
  SEC. 3.  Section 48859 of the  Education Code  is amended to read:

   48859.  For purposes of this chapter, the following terms have the
following meanings:(a) "County placing agency" means the county
social service department or county probation department.
   (b) "Educational authority" means an entity designated to
represent the interests of a child for educational and related
services.  
   (c) "Local educational agency" means a public board of education
or other public authority legally constituted within the state for
either administrative control or direction of, or to perform a
service function for, public elementary or secondary schools in a
city, county, township, school district, or other political
subdivision of this state, or for a combination of school districts
or counties as are recognized in this state as an administrative
agency for its public elementary or secondary schools. 
  SEC. 4.  Section 49069.5 of the  Education Code  is amended to
read:
   49069.5.  (a) The Legislature finds and declares that the mobility
of pupils in foster care often disrupts their educational
experience. The Legislature also finds that efficient transfer
procedures and transfer of pupil records is a critical factor in the
swift placement of foster children in educational settings.(b) The
proper and timely transfer between schools of pupils in foster care
is the responsibility of both the local educational agency and the
county placing agency.
   (c) As soon as the county placing agency becomes aware of the need
to transfer a pupil in foster care out of his or her current school,
the county placing agency shall contact the appropriate person at
the local educational agency of the pupil. The county placing agency
shall notify the local educational agency of the date that the pupil
will be leaving the school and request that the pupil be transferred
out.
   (d) Upon receiving a transfer request from a county placing
agency, the local educational agency shall, within two business days,
transfer the pupil out of school and deliver the educational
information and records of the pupil to the next educational
placement.
   (e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if applicable, a copy of the
pupil's plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) or
individualized education program adopted pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C.  Sec. 1400 et
seq.).
   (f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and aware of the specific educational record keeping needs of
homeless, foster, and other transient children who transfer between
schools.
   (g) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school, and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
   (h) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.  
   (i) For the purposes of this section, "pupil in foster care" means
any child who has been removed from his or her home pursuant to
Section 309 of the Welfare and Institutions Code, is the subject of a
petition filed under Section 300 or 602 of the Welfare and
Institutions Code, or has been removed from his or her home and is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code. 
  SEC. 5.  Section 319 of the  Welfare and Institutions Code  is
amended to read:
   319.  (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.
(b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's custody; the need, if
any, for continued detention; the available services and the referral
methods to those services that could facilitate the return of the
child to the custody of the child's parents or guardians; and whether
there are any relatives who are able and willing to take temporary
custody of the child. The court shall order the release of the child
from custody unless a prima facie showing has been made that the
child comes within Section 300, the court finds that continuance in
the parent's or guardian's home is contrary to the child's welfare,
and any of the following circumstances exist:
   (1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parents'
or guardians' physical custody.
   (2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (3) The child has left a placement in which he or she was placed
by the juvenile court.
   (4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
   (c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
   (d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
   (2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the custody of his or her parent or guardian, the court shall
determine if there is a relative who is able and willing to care for
the child, and has been assessed pursuant to paragraph (1) of
subdivision (d) of Section 309.
   (e) Whenever a court orders a child detained, the court shall
state the facts on which the decision is based, shall specify why the
initial removal was necessary, shall reference the social worker's
report or other evidence relied upon to make its determination
whether continuance in the home of the parent or legal guardian in
contrary to the child's welfare, shall order temporary placement and
care of the child to be vested with the county child welfare
department pending the hearing held pursuant to Section 355 or
further order of the court, and shall order services to be provided
as soon as possible to reunify the child and his or her family if
appropriate.
   (f) When the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.

   As used in this section, "relative" means an adult who is related
to the child by blood, adoption, or affinity within the fifth degree
of kinship, including stepparents, stepsiblings, and all relatives
whose status is preceded by the words "great," "great-great," or
"grand," or the spouse of any of these persons, even if the marriage
was terminated by death or dissolution. However, only the following
relatives shall be given preferential consideration for placement of
the child: an adult who is a grandparent, aunt, uncle, or sibling of
the child.
   The court shall consider the recommendations of the social worker
based on the assessment pursuant to paragraph (1) of subdivision (d)
of Section 309 of the relative's home, including the results of a
criminal records check and prior child abuse allegations, if any,
prior to ordering that the child be placed with a relative. The court
shall order the parent to disclose to the social worker the names,
residences, and any known identifying information of any maternal or
paternal relatives of the child. The social worker shall initiate the
assessment pursuant to Section 361.3 of any relative to be
considered for continuing placement.  
   (g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 1406 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational decisions for the child
and temporarily appoint a responsible adult to make educational
decisions for the child if all of the following conditions are found:
 
   (A) The parent or guardian is unavailable, unable, or unwilling to
exercise educational rights for the child.  
   (B) The county placing agency has made diligent efforts to locate
and secure the participation of the parent or guardian in educational
decisionmaking.  
   (C) The child's educational needs cannot be met without the
temporary appointment of a responsible adult.  
   (2) Any temporary appointment of a responsible adult and temporary
limitation on the right of the parent or guardian to make
educational decisions for the child shall be specifically addressed
in the court order. Any order made under this section shall expire at
the conclusion of the hearing held pursuant to Section 361 or upon
dismissal of the petition. Upon the entering of disposition orders
any additional needed limitation on the parent's educational rights
shall be addressed pursuant to Section 361.