BILL ANALYSIS
AB 167
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 167 (Adams) - As Amended: March 25, 2009
Policy Committee: Education
Vote:10-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires a school district to exempt a pupil in foster
care, who transfers to the district in grade 11 or 12 and would
not be able to graduate from high school while he or she remains
eligible for foster care benefits, from additional coursework
requirements the local governing board adopts to meet graduation
requirements. Specifically, this bill:
Requires a school district to notify a pupil in foster care who
is granted this exemption and, as appropriate, the person
holding the right to make educational decisions for the pupil,
if any of the requirements that are waived will affect the
pupil's ability to gain admission to a postsecondary education
institution and provide information about transfer opportunities
available through the California Community Colleges.
FISCAL EFFECT
GF/98 state reimbursable mandated costs, likely less than
$100,000, to school districts to comply with the notification
requirement in this bill. This assumes between three and 10% of
foster care pupils are notified.
COMMENTS
1)Purpose . As of July 2008, there were 68,475 children in
California's foster care system. These children are more than
likely to be placed in multiple residences prior to graduation
from high school. These residences are not always going to be
within the same school district. According to a report from
the California Education Collaborative for Children in Foster
AB 167
Page 2
Care, about 50% of foster youth have been held back in school;
46% will not complete high school and fewer than 3% will go on
to a four-year college. The report further points out that
most children who enter the foster care system are already a
full academic year behind their peers.
2)Existing law requires students in grades 9 to 12 to take three
courses in English, two courses in mathematics, two courses in
science, three courses in social studies, one course in visual
or performing arts of foreign language, and two courses in
physical education. It also authorizes school districts to add
other requirements for graduation at their discretion.
Likewise, statute authorizes a foster care child who is
attending high school or the equivalent level of vocational
training on a full-time basis or is in the process of pursuing
a high school equivalency certificate (prior to his or her
18th birthday) to continue to receive foster care aid
following his or her 18th birthday as long as the child
continues to reside in foster care placement and continues to
attend high school or the equivalent on a full-time basis. It
also states that the child may reasonably be expected to
complete the educational or training program or to receive a
high school equivalency certificate, before his or her 19th
birthday.
3)AB 490 (Steinberg), Chapter 862, Statues of 2003 , provided
school districts, county social service agencies, and other
professionals with additional responsibilities to facilitate
educational equity for foster children. Chapter 862 specifies
that when a foster child changes schools, the school must
immediately enroll the student, even if the student is missing
things usually required for enrollment (e.g. academic and
medical records, immunization records, proof of residency, a
school uniform) or if the student owes fees or materials to a
prior school. Every school district is also required to
appoint a foster care liaison to serve foster children.
4)Related legislation . AB 12 (Beall), pending in the Assembly
Human Services Committee, extends foster care benefits to age
21, per recently enacted federal legislation.
5)Prior legislation . AB 2138, which is similar to this measure,
was vetoed in October 2008, with the following message:
AB 167
Page 3
"This bill attempts to create a statewide policy of exempting
certain foster care students from district-specific graduation
requirements. In doing so, this bill would usurp the
authority of local school boards to determine the conditions
under which students should be granted diplomas. Beyond the
current minimum statewide requirements, local school boards
have the ability to waive their own local graduation
requirements based on the merit of each student's case. This
bill would undermine their ability to judge each individual
student's particular circumstances."
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081