BILL ANALYSIS �
AB 709
Page 1
Date of Hearing: May 10, 2011
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 709 (Brownley) - As Introduced: February 17, 2011
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, but not limited to, immunization records at the time
of enrollment. Specifically, this bill :
1)Adds a section to the Health and Safety Code 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.
2)Expresses the intent of the Legislature that a foster child be
immediately enrolled in and allowed to attend school, even if
he or she is unable to produce records normally required for
school enrollment to reconcile the provisions of the Health
and Safety Code with the provisions of the Education Code.
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
AB 709
Page 2
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.
FISCAL EFFECT : Unknown
COMMENTS : This bill seeks to clarify and conform the Education
Code and the Health and Safety Code 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 the 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 Health and Safety Code, updated last
year with the passage of AB 354 (Arambula), Chapter 434,
AB 709
Page 3
Statutes of 2010, 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
Health and Safety Code and regulations allow for an exemption
for a pupil that submits an affidavit stating that the
immunizations are contrary 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 Health and Safety Code that conforms to
the Education Code provisions specifying that if a child or
youth in foster care is missing his 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.
Support: In support of this bill, Public Counsel writes:
Without efficient and immediate transfer and
enrollment procedures, foster youth are deprived of a
meaningful and appropriate education and denied
educational opportunity. Provisions of the California
Health and Safety Code discussing documentation of
immunizations prior to a school admission have created
confusion. As a result, foster youth may be denied
immediate enrollment, or be formally "enrolled" but
prevented from attending classes. For these youth,
time is of the essence - even delaying enrollment or
AB 709
Page 4
attendance a few days because of lack of immunization
records can bring chaos to a child's learning
experience, especially if such a delay occurs
repeatedly for children who are transferring schools
multiple times through no fault of their own.
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.
AB 354 (Arambula), Chapter 434, Statutes of 2010, updated
vaccination requirements, in part, to allow the Department of
Public Health to require pertussis vaccinations prior to
students entering the seventh grade.
REGISTERED SUPPORT / OPPOSITION :
Support
Advancement Project
California Communities United Institute
California State Association of Counties (CSAC)
County Welfare Directors Association of California (CWDA)
Court Appointed Special Advocates (CASA) Association
Kern County Superintendent of Schools
National Association of Social Workers, CA Chapter (NASW-CA)
National Center for Youth Law
Public Counsel Law Center
Opposition
None on file.
Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916)
AB 709
Page 5
319-2089