BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2005-2006 Regular Session
BILL NO: AB 1261
AUTHOR: Leno
AMENDED: April 6, 2005
FISCAL COMM: Yes HEARING DATE: June 15, 2005
URGENCY: No CONSULTANT: Lisa Giroux
NOTE: This bill has been double referred to the Committees
on Education and Judiciary. A "do pass" motion should
include referral to the Committee on Judiciary.
SUBJECT : Foster children: education.
SUMMARY
This bill requires local educational agencies to have a
dispute process in place relating to school placement of
foster youth and adds to the list of documents provided to
emancipating youth.
BACKGROUND
Current law requires county offices of education to make
available information on educational options for children
residing in licensed children's institutions to agencies
placing children in licensed children's institutions.
Every agency that places a child in a licensed children's
institution is required to notify the local educational
agency (LEA) at the time of the placement, and the LEA is
required to have a designated staff person as the
educational liaison for foster youth. A pupil placed in a
licensed children's institution or foster family home is
required to attend programs operated by the LEA, except as
specified. If a school placement dispute arises, a foster
youth has the right to remain in the school that the foster
child attended when permanently housed or the school in
which the foster child was last enrolled.
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. A juvenile court may limit
AB 1261
Page 2
the right of a parent or guardian to make educational
decisions for his or her child that is adjudged a dependent
of the court and at the same time the court may appoint a
responsible adult to make educational decisions for the
child.
AB 1261
Page 3
ANALYSIS
This bill:
1) Clarifies that foster youth have the right to remain
in their school of origin until the end of the school
year, and that any dispute that arises regarding
school enrollment or placement should be resolved
through the existing dispute resolution process
available to any pupil served by the LEA.
2) Requires immediate enrollment and transfer of records
to a new school, even if the foster youth has
outstanding fees, fines, textbooks, or other items or
moneys owed to the school last attended.
3) Provides that "school of origin" may mean the school
which the foster youth attended within the immediately
preceding 15 months.
4) Defines "local educational agency" and "pupil in
foster care".
5) Establishes the court's authority to appoint a
responsible adult, on a temporary basis, to make
educational decisions for the child when the parent or
guardian is unable or unwilling, and other efforts
have not met the educational needs of the child. If
the court cannot identify a responsible adult to make
educational decisions and the appointment of a
surrogate parent is not warranted, the court may make
educational decisions for the child.
6) Adds a health and education summary to the list of
documents to be provided to an emancipating youth.
STAFF COMMENTS
Need for the bill. The author's office indicates that AB
1261 is clean-up to 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. Child advocates have identified some
gaps in AB 490 protections for foster youth which are
AB 1261
Page 4
addressed by AB 1261.
SUPPORT
American Federation of State, County & Municipal Employees
Children's Law Center of Los Angeles (Sponsor)
Gay and Lesbian Adolescent Social Services, Inc.
National Center for Youth Law
Protection and Advocacy, Inc.
OPPOSITION
None received.