BILL NUMBER: SB 1777 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 26, 2006
AMENDED IN SENATE APRIL 17, 2006
INTRODUCED BY Senator Alarcon
FEBRUARY 24, 2006
An act to add and repeal Section 42926 to
of the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 1777, as amended, Alarcon Juvenile court schools : foster
children: educational services funding .
(1) Existing law requires the county board
of education to provide for the administration and operation of
juvenile court schools, as defined.
This bill , until January 1, 2012, would require each county
office of education operating a juvenile court school to designate
staff persons as transition counselors to provide specified services
to foster children being released from a juvenile detention facility
and transferring to public school, thereby imposing a state-mandated
local program. The bill , commencing with the 2006-07 fiscal
year, and each fiscal year thereafter until
and including the 2010- 11 fiscal year , would
require each county office of education that provides educational
services , as specified, through a juvenile court school
to pupils who are identified as foster
children , as provided, to receive a specified
an allowance that is equal to the
amount the county office expended on foster children in the 2005-06
fiscal year, adjusted by the total percentage increase received by
the county office for all categorical education programs in the prior
fiscal year , as specified .
The bill, commencing with the 2006-07 fiscal year, and
each fiscal year thereafter until and including the
2010- 11 fiscal year , would require each school
district or county office of education that provides
educational services to a pupil who is a foster child transferring to
the school district or county office of education from a
juvenile detention hall or probation camp and has received
educational services through a juvenile court school to receive
an amount equal to the allowance the same
funding described above for a period of at least 6 months,
but not greater than one year , after the pupil's
enrollment in the school district or county office of education
. The bill would prohibit a school district from
receiving the specified allowance for pupils for whom it has received
funding pursuant to specified provisions of existing law authorizing
funding of school district educational services provided to foster
children.
The bill would limit funding to county offices of education and
school districts for purposes of the bill to amounts specifically
appropriated in the annual Budget Act. The bill would authorize
county offices of education and school districts to apply to the
Superintendent of Public Instruction for funding for providing
educational services to foster children. The bill would require the
Superintendent, on or before November 1 of each year, to provide the
Governor with a proposed amount to be included in the Governor's
proposed budget for the ensuing fiscal year for allocation to school
districts and county offices of education that decide to provide
educational services to foster children.
The bill would specify the total funding for these provisions to
be an amount of not more than $5,000,000, to be allocated in the
amount of not more than $1,000,000 per fiscal year during the
2006-07, 2007-08, 2008-09, 2009 -10, and 2010-11 fiscal years.
The bill would require the State Department of Education, on or
before January 1, 2012, to submit a report to the Legislature
evaluating the effectiveness of the additional funding provided under
the bill in accomplishing the purposes of the bill.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42926 is added to the Education Code, to read:
42926. (a) The Legislature finds and declares all of the
following:
(1) It is essential to recognize, identify, and plan for the
critical and unique needs of foster children residing in juvenile
detention halls and probation camps. halls,
camps, and ranches, and other settings served by juvenile court
schools.
(2) A high percentage of these foster children are performing
substantially below grade level, are being retained at least one year
in the same grade level, and become school dropouts.
(3) The provision of effective and potentially cost-saving
instruction, counseling, tutoring, and related services for foster
children must be a state priority.
(b) Accordingly, it is the intent of the Legislature,
in enacting this section, to provide additional funding to county
offices of education and school districts that provide educational
services to these pupils. It is also the intent of the
Legislature that the per-pupil funding limit for foster children
enrolled in juvenile court schools be removed after January 1, 2010,
and be adjusted to reflect the appropriate per-pupil funding for the
number of foster children enrolled in juvenile court schools.
(c) Each county office of education operating a juvenile
court school shall designate staff persons as transition counselors
who shall do all of the following:
(1) Encourage foster children to continue their education
after release from the juvenile detention facility.
(2) Assist foster children when transferring from juvenile
court school to a public school that would be in the best interests
of the foster child.
(3) Coordinate with the educational liaison of the school
district to ensure and facilitate proper educational placement and
enrollment in the public school.
(d) The educational services provided to foster children
pursuant to subdivision (b) shall include tutoring, education
counseling, and assistance when transitioning from juvenile court
school to public school.
(c) Commencing with the 2006-07 fiscal year, and each fiscal year
thereafter, each county office of education that provides
(e) Commencing with the 2006-07 fiscal
year, until and including the 2010-11 fiscal year, each county office
of education that provides educational services through a
juvenile court school to pupils who are foster children
were previously identified as foster children pursuant
to Section 300 of the Welfare and Institutions Code shall
receive, in addition to the base revenue limit, an allowance
from the amount annually transferred to Section A of the State
School Fund equal to the amount the county office expended on foster
children in the 2005-06 fiscal year, adjusted by the total percentage
increase received by the county office for all categorical education
programs in the prior fiscal year. This cost-of-living adjustment
shall not exceed the inflation adjustment provided pursuant to
Section 42238.
(d) Commencing with
the 2006-07 fiscal year, and each fiscal year thereafter, each school
district that provides educational revenue limit, an
allowance from the amount annually transferred to Section A of the
State School Fund.
(f) Commencing with the 2006-07 fiscal
year, until and including the 2010-11 fiscal year, each school
district or county office of education that provides educational
services to a pupil who is a foster child transferring to the
school district or county office of education from a
juvenile detention hall or probation camp and has received
educational services through a juvenile court school shall
receive an amount equal to the allowance described in subdivision (c)
for a period not greater than one year after the pupil's enrollment
in the school district. The district shall not shall
receive the same funding provided under subdivision (e) for a period
of at least six months, but not greater than one year, after the
enrollment of the pupil in the school district or county office of
education. A school district shall not receive funds under this
subdivision for pupils for whom it has received funding pursuant to
Section 42920.5 or 42922.
(g) A school district or county office of education that provides
educational services to foster children who transition to public
school pursuant to this section shall receive funding in any fiscal
year for those services only from amounts that may specifically be
appropriated by the Legislature in the annual Budget Act for that
fiscal year for the support of those school centered foster children
services that provide program effectiveness and potential cost
savings to the state.
(h) A school district or county office of education that provides
educational services to foster children pursuant to this section may
apply to the Superintendent for funding for those services.
(i) On or before November 1 of each year, the Superintendent shall
provide the Governor with a proposed amount to be included in the
proposed budget of the Governor for the ensuing fiscal year for
allocation to school districts and county offices of education that
decide to provide educational services to foster children pursuant to
this section.
(j) Total funding authorized pursuant to this section shall be
limited to an amount of not more than five million dollars
($5,000,000), to be allocated in the amount of not more than one
million dollars ($1,000,000) per fiscal year during the 2006-07,
2007-08, 2008-09, 2009-10, and 2010-11 fiscal years.
(k) On or before January 1, 2012, the department shall submit a
report to the Legislature evaluating the effectiveness of the
additional funding provided under this section in accomplishing the
purposes of this section.
(l) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.