BILL ANALYSIS �
AB 709
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CONCURRENCE IN SENATE AMENDMENTS
AB 709 (Brownley)
As Amended August 15, 2011
Majority vote
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|ASSEMBLY: |78-0 |(May 19, 2011) |SENATE: |37-0 |(August 22, |
| | | | | |2011) |
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Original Committee Reference: ED.
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 : 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.
The Senate amendments :
1)Specify that the bill does not alter the obligation of the
governing authority to obtain immunization records or to
ensure the immunization of a foster child pursuant to existing
law.
2)Revise a cross-reference to a section of the HSC.
EXISTING LAW requires:
1)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.
2)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).
AB 709
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3)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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS : This bill seeks to clarify and conform the Education
Code and the HSC relative to immunization records required for
enrollment in school as they relate to children and youth in
foster care.
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. 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 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. It has been suggested
that the inconsistencies between the two different codes have
AB 709
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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.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087
FN: 0001935