BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                            Senator Carole Migden, Chair

                                           1261 (Leno)
          
          Hearing Date:  8/15/05          Amended: 8/15/05
          Consultant:  Bob Franzoia       Policy Vote: Ed 12-0
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          BILL SUMMARY: AB 1261 would make changes to the provisions  
          related to the education of foster youth, as follows:
          - Require local educational agencies (LEAs) to implement a  
          dispute resolution process relating to the placement of foster  
          children, and provide a written explanation of the school's  
          decision relating to placement or enrollment.  To the extent  
          this would impose additional duties on LEAs, the bill would  
          create a state mandated local program.
          - Revise the circumstances under which a student placed in a  
          licensed children's institute (LCI) or foster family home  
          attends programs operated by a LEA.
          - Define "pupil in foster care" for the purpose of coordinating  
          between the LEA and placement agency for the proper transfer  
          between schools of pupils in foster care.
          - Add nonpublic, nonsectarian schools (NPS) to the list of  
          schools for which development of an alternative accountability  
          system is required.
          - Provide that if an applicant does not receive a response on a  
          renewal application from the LEA within specified time periods,  
          the applicant may file the applicant with the Superintendent of  
          Public Instruction.  
          - Authorize the court to temporarily limit the right of the  
          parent to make educational decisions for the child and to  
          temporarily appoint a responsible adult to make educational  
          decisions for the child if specified conditions are found.
          - Authorize the court to make educational decisions for the  
          child if the court cannot identify a responsible adult to make  
          educational decisions for the child, the appointment of a  
          surrogate parent is not warranted, there is no foster parent to  
          exercise the appropriate authority, and to issue appropriate  
          orders to ensure that every effort is made to identify a  
          responsible adult to make future educational decisions for the  
          child.
          - Require county welfare departments, at any hearing to  
          terminate jurisdiction over a dependent child who has reached  
          the age of majority to include a health and education summary in  
          a specified report.










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                            Fiscal Impact (in thousands)

           Major Provisions               2005-06     2006-07    2007-08    Fund
           State mandated local program Estimated $100 annually,  
          ongoingGeneral
          (dispute resolution)         
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          STAFF COMMENTS: Requiring school districts to have in place a  
          process to resolve disputes relating to an LCI or NPS placement  
          of a student, and to provide a written explanation of the  
          decision where the parent disputes the decision will result in  
          new mandate costs.  If the cost of a dispute resolution is $500  
          and there are 200 per year, costs would be $100,000 annually.