BILL ANALYSIS �
AB 709
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Date of Hearing: March 30, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 709 (Brownley) - As Amended: March 23, 2011
SUBJECT : Foster children: school placement
SUMMARY : Clarifies that children in foster care who change
schools have the right to be enrolled in their new school
immediately even if they are unable to produce medical records
including immunization records at the time of enrollment.
Specifically, this bill : Adds a section to the Health and
Safety Code (HSC) to conform to Education Code provisions
requiring school districts to enroll a foster child in school
even if he or she is missing immunization records.
EXISTING LAW :
1)Allows a child or youth to remain in his or her school of
origin for the duration of the jurisdiction of the court when
his or her residential placement changes and when remaining in
the same school is in the child's best interest.
2)Requires schools to immediately enroll a foster child even if
he or she has outstanding fees, fines, textbooks, or other
items to the school of last attendance or if the child is
unable to produce records or clothing required for enrollment,
including medical or academic records, proof of residency, or
school uniforms.
3)Requires the governing authority of each school to require
documentary proof of each pupil's immunization status, and
specifies that the governing authority shall record the
immunizations of each new pupil in the pupil's permanent
enrollment and scholarship record on a form provided by the
Department of Health Services (DHS).
4)Requires the immunization record of each new pupil admitted
conditionally to be reviewed periodically by the governing
authority to ensure that within the time periods designated by
regulation of the DHS he or she has been fully immunized
against all of the diseases specified, and immunizations
received subsequent to entry shall be added to the pupil's
immunization record.
AB 709
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FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal.
COMMENTS : This bill seeks to clarify and conform the Education
Code and the HSC relative to immunization records required for
enrollment in school, particularly as they relate to children
and youth in foster care.
Background and need for the bill : Children and youth in foster
care face many challenges to their educational success. Those
challenges come from both the circumstances that caused them to
be in foster care -abuse and/or neglect -and the realities of
being in foster care. One of those realities is that, although
efforts are made to provide stable home and school environments
for foster children and youth, far too many of them experience
numerous changes in where they live, and unfortunately those
changes at times necessitate a change of schools.
Recent state and federal laws have recognized the importance of
school stability for children and youth in foster care. Several
provisions of the federal Fostering Connections Act of 2008
promote educational stability and require state child welfare
agencies to coordinate with schools to ensure a child does not
change schools when entering foster care or when a change in
placement occurs, unless remaining in the original school is not
in the child's best interest. Additionally, in an effort to
reduce the disruption of changing schools, AB 490 (Steinberg),
Chapter 862, Statutes of 2003, and AB 1933 (Brownley), Chapter
563, Statutes of 2010, allow foster children and youth to remain
in their original school and school feeder pattern as long as it
is in their best interest to do so. If it is in child's best
interest to change schools, current Education Code provisions
require that foster children and youth be immediately enrolled
in their new school even if they are unable to meet some of the
enrollment requirements imposed by a school district, including
immunization records.
However, provisions in the HSC and the implementing regulations
stipulate that all school districts shall require documentary
proof of each pupil's immunization status, and prohibit a school
from allowing the admission of any pupil who does not meet the
requirements for admission stipulated in the regulations. The
HSC and regulations allow for an exemption for a pupil that
submits an affidavit stating that the immunizations are contrary
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to the pupil's beliefs or for a pupil whose parent submits a
statement from a physician indicating that a particular
immunization is not considered safe for the child. However, the
regulations do not mention the existing allowable exemption for
pupils in foster care whose records are missing or cannot be
produced, as stipulated in the Education Code. It has been
suggested that the inconsistencies between the two different
Codes have led to confusion in the field relative to the
application of these laws, and children in foster care continue
to encounter barriers to enrollment when their immunization
records are missing. The Foster Youth Services 2010 report
notes that the incomplete or untimely transfer of health and
education records continues to present challenges for foster
youth.
This bill will clarify within the Education Code that the
missing medical records that foster youth can enroll in school
without, include immunization records. Additionally this bill
adds a section in the HSC that conforms to the Education Code
provisions specifying that if a child or youth in foster care is
missing her or her immunization records, the school district
shall allow the child to enroll in school. This bill seeks to
reconcile the two codes and thus remove any unnecessary barriers
and delays children and youth in foster care encounter to enroll
in school.
Suggested technical amendments : The bill clarifies within
existing Education Code provisions that medical records include
"records or other proof of immunization history." In order to
ensure this provision is not interpreted to mean that only
immunization records are covered by this term, staff recommends
the following technical amendment:
On page 4, line 13, after "including" insert, "but not limited
to."
In order to provide consistency with the Education Code
regarding the definition of a "foster child," the HSC language
in this bill should include a cross reference to the definition
of "foster child" in Education Code Section 48853.5. Staff
recommends the following amendment:
On page 5, line 22, after "child" insert "as defined in
subdivision (a) of Section 48853.5 of the Education Code."
Additional amendment : The author wishes to make an amendment to
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add uncodified intent language as follows:
It is the intent of the Legislature that a foster child be
immediately enrolled in school, even if he or she is unable to
produce records normally required for school attendance. The
intent of this bill is to reconcile the Health and Safety Code
with the Education Code.
Previous legislation : AB 490 (Steinberg), Chapter 862, Statutes
of 2003, created new duties and rights related to the education
of dependents and wards in foster care, including giving foster
youth the right to remain in their school of origin for the
duration of the school year when their residential placement
changes and remaining in the same school is in the child's best
interest.
AB 1933 (Brownley), Chapter 563, Statutes of 2010, requires a
local educational agency (LEA) to allow a child in foster care
to remain in his or her school of origin for the duration of the
court's jurisdiction including in the school feeder pattern as
long as it is in the child's best interest.
REGISTERED SUPPORT / OPPOSITION :
Support
Advancement Project
California Communities United Institute
California Court Appointed Special Advocate (CASA) Association
California State Association of Counties
Opposition
None on file.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087