BILL ANALYSIS
AB 1261
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Date of Hearing: April 27, 2005
ASSEMBLY COMMITTEE ON EDUCATION
Jackie Goldberg, Chair
AB 1261 (Leno) - As Amended: April 6, 2005
SUBJECT : Foster children: Education.
SUMMARY : This bill clarifies provisions related to the
education of foster youth in the areas of educational placement,
coursework credit, records transfer, and educational programs
offered to foster youth. Specifically, this bill :
1)Clarifies that foster children have the right to remain in
their school of origin until the end of the school year,
unless the holder of educational rights determines that it is
not in the child's best interest to do so.
2)Defines "local educational agency" as: a school district, a
county office of education, a charter school participating as
a member of a special education local plan area, or a special
education local plan area.
3)Defines "pupil in foster care" for the purposes of this bill
as: 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.
4)Requires that records be transferred and foster children be
granted immediate enrollment even if the foster child has
outstanding fees, fines, textbooks or other items or monies
due to the school last attended.
5)Clarifies that any disputes that arise as to school placement
or enrollment of a foster child shall be resolved in
accordance with the existing dispute resolution process
available to any pupil served by the local educational agency;
6)Establishes parameters for evaluating how far back in time to
look into identifying a "school of origin," or the school with
which the child feels most connected;
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7)Codifies the court's authority to make educational decisions
for the child when no responsible adult can be identified and
the appointment of a surrogate parent is not legally
warranted.
8)Authorizes the court, in limited circumstances, to temporarily
limit the right of the parent to make educational decisions
for their children when the parent is unable or unwilling to
exercise educational rights and the child's educational needs
cannot otherwise be met;
9)Requires the county welfare department to provide emancipated
youths with a health and education summary.
EXISTING LAW :
1)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.
2)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.
3)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.
4)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.
5)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.
6)Authorizes a juvenile court to limit the right of a parent or
guardian to make educational decisions for his or her child
AB 1261
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that is adjudged a dependent child of the court and requires
the court at the same time to appoint a responsible adult to
make educational decisions for the child until one of
specified circumstances occurs.
7)Requires the county welfare department, at any hearing to
terminate jurisdiction over a dependent child who has reached
the age of majority, to, among other things, submit a report
verifying that specified documents, where applicable, have
been provided to the child.
FISCAL EFFECT : Unknown
COMMENTS :
Sponsors . This bill is sponsored by the Children's Law Center
of Los Angeles.
According to the Author's office, this measure seeks to ensure
that all eligible youth receive the full protection of the law
and opportunity for academic stability and success promised by
AB 490 (Steinberg), Chapter 862, Statutes of 2003.
The author states: "While a good education is critical to every
child's successful transition to adulthood, it is especially
true for children who spend long periods of their childhood in
foster care. Yet frequent placement moves, delays and
difficulties in transferring educational records, and the
general upheaval associated with family crises conspire to make
it difficult for foster youth to keep up and do well in school."
"To address dismal educational outcomes for foster youth
chronicled in a number of reports to the Legislature by the
American Institutes for Research, the Legislature passed AB 490
(Steinberg), Chapter 862, Statutes of 2003, which instituted a
number of reforms designed to promote school stability and
ensure that pupils residing in foster care have a meaningful
opportunity to meet the academic achievement standards to which
all students are held."
AB 490 was enacted with broad and bipartisan support. In the
year and a half since the law's enactment, groups across the
state have worked together to create materials, present
trainings, and develop implementation plans to ensure that
at-risk children receive the benefits promised by the law."
AB 1261
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"In the process of implementation, education liaisons at
California schools, established by AB 490, and child advocates
have identified some gaps in AB 490 protections for foster youth
which are addressed by this measure."
Prior related legislation .
AB 490 (Steinberg), Chapter 862, Statutes of 2003. This bill
made numerous changes to the law
related to the education of foster youth in the areas of
educational placement, coursework credit, records transfer, and
educational programs offered to foster youth.
REGISTERED SUPPORT / OPPOSITION :
Support
Children's Law Center of Los Angeles
Family Law Section, The State Bar of California
National Center for Youth Law
Gay and Lesbian Adolescent Social Services, Inc. (G.L.A.S.S.)
Opposition
None on file.
Analysis Prepared by : Josefina Ramirez / ED. / (916) 319-2087