BILL NUMBER: SB 1777 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 10, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN SENATE MAY 26, 2006
AMENDED IN SENATE APRIL 17, 2006
INTRODUCED BY Senator Alarcon
( Coauthor: Senator Soto
)
( Coauthors: Assembly Members
Cohn, Jerome Horton, and Pavley
)
FEBRUARY 24, 2006
An act to add and repeal Section 42926 of the Education Code,
relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 1777, as amended, Alarcon Juvenile court schools: foster
children: educational services funding.
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 the Superintendent of Public Instruction to establish a
process to accept and review applications from county offices of
education and school districts for funding under the bill and would
require the Superintendent to approve an application for funding only
if the applicant agrees to comply with specified requirements and is
either (1) a county office of education that provides educational
services through a juvenile court school to a foster child, as
specified, or (2) a 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. The bill
also would require the Superintendent to approve the
application for funding of a school district only if the
county office of education for the county in which the district is
located first approves the application of the district.
The bill would require each county office of education that
receives funding and operates a juvenile court school to designate
staff persons as transition counselors who would perform specified
functions and provide specified educational services.
The bill would require each school district or county office
of education selected for funding up to and including the
2010−11 fiscal year to receive funding for at least 6 months,
but not greater than one year, after the enrollment of the pupil in
the school district or county office of education. The bill
would prohibit a school district from receiving the specified funding
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 amounts specifically appropriated
in the annual Budget Act. 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.
This bill would provide for the repeal of its provisions on
January 1, 2012.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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
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) (1) The Superintendent shall establish a process to accept and
review applications from county offices of education and school
districts requesting funding under this section.
(2) The Superintendent shall approve an application for funding
only if the applicant agrees to comply with subdivision (d), as
applicable, and is either of the following:
(A) A county office of education that provides educational
services through a juvenile court school to a foster child who has
been removed from his or her home under Section 309 of the Welfare
and Institutions Code, or is the subject of a petition filed under
Section 300 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 of the Welfare and Institutions Code.
(B) A 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.
(3) The Superintendent shall approve the application of a school
district for funding pursuant to this section only if the county
office of education in the county in which the district is located
first approves the application of the district.
(d) Each county office of education that receives funding under
this section and operates 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.
(e) The educational services provided to foster children pursuant
to subdivision (d) shall include tutoring, education counseling, and
assistance when transitioning from juvenile court school to public
school.
(f) Commencing with the 2006-07 fiscal year, until and including
the 2010-11 fiscal year, each county office of education that is
selected for funding under this section shall receive, in addition to
the base revenue limit, an allowance from the amount annually
transferred to Section A of the State School Fund.
(g)
(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 is selected for funding under this
section shall receive the same funding provided under subdivision (f)
appropriated in Chapter 47 of the Statutes of 2006
(the Budget Act of 2006) or any annual Budget Act thereafter up to
and including the Budget Act of 2010, shall receive funding under
this section 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.
(h)
(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, and is selected for
funding under 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.
(i)
(h) 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)
(i) 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)
(j) 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.