BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 1573
AUTHOR: Brownley
INTRODUCED: February 1, 2012
FISCAL COMM: Yes HEARING DATE: May 16, 2012
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Foster Youth Residency Requirements.
SUMMARY
This bill makes a conforming change to clarify that a
student who is a foster child who remains in his or her
school of origin, as determined and defined pursuant to
existing law, has met the residency requirements for
attendance purposes.
BACKGROUND
Current law establishes residency requirements for school
attendance. Among other things, current law provides that
a student who is placed within the boundaries of a school
district in a regularly established licensed children's
institution or a licensed foster home, or a family home
pursuant to commitment or placements under specified
Welfare and Institution Code provisions, has met these
residency requirements. (Education Code � 48204)
Current law requires that a local educational agency (LEA)
designate a staff person as the educational liaison for
foster children and outlines specified responsibilities of
the liaison. Current law also requires an LEA serving a
foster child to allow the child to continue his or her
education in the "school of origin" for the duration of the
jurisdiction of the court, as specified. Current law
defines "school of origin" as the school that the foster
child attended when permanently housed or the school in
which the foster child was last enrolled, and provides
that, under specified conditions, the liaison, in
consultation and agreement with the foster child and the
person holding the right to make educational decisions for
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the child, is required to determine, in the best interests
of the child, the school to be deemed "school of origin."
(EC � 48853)
ANALYSIS
This bill conforms two inconsistent Education Code
provisions to clarify that a foster child who remains in
his or her school of origin, as determined and defined
pursuant to existing law, has met the residency
requirements for attendance within a school district.
STAFF COMMENTS
1) Clarifying and conforming . Current law requires that
a student attend a school in which the residency of
the parent or guardian is located, unless exempted
under law (EC � 48200), and provides for an exemption
from this residency requirement in specified
instances. AB 1933 (Brownley, Chapter 563, Statutes
of 2010) extended the right of foster youth to remain
in their school of origin for the duration of the
jurisdiction of the court when his/her residential
placement changes if remaining in the same school was
in the child's best interest, in essence, providing
for an additional exemption from residency
requirements. This bill conforms the statute
establishing exemptions from the residency requirement
with the provisions enacted by AB 1933 in order to
ensure that the inconsistency in the Education Code
does not lead to confusion and misinterpretation.
2) Related legislation . SB 1568 (DeSaulnier) extends the
duration of time that a pupil who was in foster care
may remain in his or her school of origin after
exiting the foster care system, from the remainder of
the academic year, to the end of the highest grade
maintained at that school. SB 1568 was heard and
passed in this committee on April 18, 2012, by a vote
of 8-0, and is currently awaiting action in the Senate
Appropriations Committee.
3) Prior legislation
a) AB 490 (Steinberg, Ch. 862, 2003)
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established numerous education protections for
foster youth, including the requirement that
local education agencies allow a foster child to
continue his or her education in the school of
origin for the duration of the academic school
year.
b) SB 1353 (Wright, 2010) required
consideration be given to a number of specified
factors when making educational and school
placement decisions for children and youth in
foster care.
SUPPORT
Advancement Project
Alliance for Children's Rights
American Federation of State, County and Municipal
Employees, AFL-CIO
Aspirant
California Alliance of Child and Family Services
California Communities United Institute
California Probation, Parole and Correctional Association
California Youth Connection
Chief Probation Officers of California
Child Abuse Prevention Center
Children Now
Children's Law Center of California
East Bay Children's Law Offices
Legal Advocates for Children & Youth
Los Angeles County Office of Education
National Association of Social Workers
National Center for Youth Law
Public Counsel Law Center
San Diego Unified School District
San Francisco Unified School District
Voices for Children
OPPOSITION
None received.