BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1909|
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THIRD READING
Bill No: AB 1909
Author: Ammiano (D), et al.
Amended: 8/24/12 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/20/12
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
SENATE HUMAN SERVICES COMMITTEE : 6-0, 7/2/12
AYES: Liu, Berryhill, Hancock, Strickland, Wright, Yee
NO VOTE RECORDED: Emmerson
ASSEMBLY FLOOR : 77-0, 5/29/12 - See last page for vote
SUBJECT : Foster children: placement: suspension and
expulsion:
notification
SOURCE : Legal Advocates for Children
Public Counsel Law Center
DIGEST : This bill requires schools to notify a foster
youths attorney and representative of the county child
welfare agency of pending expulsion or other disciplinary
proceedings.
Senate Floor Amendments of 8/24/12 (1) clarify that a
foster youth's attorney and county social worker must be
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notified of and invited to attend disciplinary proceedings
if the decision to recommend expulsion is discretionary;
(2) specify that the notification and invitation may be
made using the most cost-effective method possible,
including electronic mail or a telephone call, and (3) add
double-jointing provisions to resolve chaptering conflicts
with SB 1568 (DeSaulnier) and AB 1712 (Beall).
ANALYSIS : Existing law requires each local educational
agency to designate a staff person as the educational
liaison for foster children, as defined. Existing law
requires the educational liaison to ensure and facilitate
the proper educational placement, enrollment in school, and
checkout from school of foster children, and to assist
foster children when transferring from one school to
another school or from one school district to another
school district in ensuring the proper transfer of credits,
records, and grades.
This bill requires the educational liaison, if designated
by the superintendent of the local educational agency, to
notify the foster child's attorney and the appropriate
representative of the county child welfare agency of
pending expulsion proceedings if the decision to recommend
expulsion is a discretionary act, pending proceedings to
extend a suspension until an expulsion decision is rendered
if the decision to recommend expulsion is a discretionary
act, and, if the foster child is an individual with
exceptional needs, pending manifestation determinations, as
specified.
This bill authorizes the foster child's caregiver or other
person holding the right to make educational decisions for
the child to provide the contact information of the child's
attorney to the child's school district when the child has
been placed outside of the county of jurisdiction for the
child.
Existing law authorizes the district superintendent of
schools or other person designated by the district
superintendent of schools in writing to extend the
suspension of a pupil until the governing board of the
school district has rendered a decision in a case where
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expulsion from any school or suspension from the balance of
the semester from continuation school is being processed by
the governing board of the school district. Existing law
requires that before such an extension is granted that the
district superintendent of schools or the district
superintendent's designee determine, following a meeting in
which the pupil and the pupil's parent or guardian are
invited to participate, that the presence of the pupil at
the school or in an alternative school placement would
cause a danger to persons or property or a threat of
disrupting the instructional process.
This bill requires, if the pupil is a foster child, as
defined, the district superintendent of schools or the
district superintendent's designee to invite the pupil's
attorney and the appropriate representative of the county
child welfare agency to that meeting.
Existing law authorizes the suspension or expulsion of an
individual with exceptional needs in accordance with
specified provisions.
This bill requires, if the individual with exceptional
needs is a foster child, as defined, and the local
educational agency has proposed a change of placement due
to an act for which a decision to recommend expulsion is at
the discretion of the principal or the district
superintendent of schools, the attorney for the individual
with exceptional needs and the appropriate representative
of the county child welfare agency to be invited to
participate in the individualized education program team
meeting that makes a manifestation determination. The bill
authorizes that invitation to be made using the most
cost-effective method possible.
Existing law requires the governing board of each school
district to establish rules and regulations governing
procedures for the expulsion of pupils and requires these
procedures to include, but not necessarily be limited to, a
hearing to determine whether the pupil should be expelled,
and a written notice of the hearing forwarded to the pupil
at least 10 calendar days prior to the date of the hearing.
This bill requires, if the decision to recommend expulsion
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is a discretionary act and the pupil is a foster child, as
defined, the governing board of the school district also to
provide notice of the hearing to the pupil's attorney and
an appropriate representative of the county child welfare
agency at least 10 calendar days before the date of the
hearing. The bill authorizes, if a recommendation of
expulsion is required and the pupil is a foster child, the
governing board of the school district also to provide the
notice of the hearing to the pupil's attorney and an
appropriate representative of the county child welfare
agency at least 10 calendar days before the date of the
hearing. The bill authorizes these notices to be made
using the most cost-effective method possible.
Existing law requires a juvenile court to hold a detention
hearing to determine whether a minor should be further
detained when a minor has been taken into custody pursuant
to specified provisions. Existing law also requires a
court to appoint counsel for the child if the child is not
represented by counsel, unless the court finds that the
child would not benefit from the appointment of counsel.
Existing law requires counsel appointed for the child to be
charged in general with the representation of the child's
interests.
This bill, at least once every year and if the list of
educational liaisons is available on the Internet Web site
of the Department of Education, requires counsel appointed
for the child to provide his/her contact information to the
educational liaison of each local educational agency
serving counsel's foster child clients in the county of
jurisdiction, and if counsel is part of a firm or
organization, authorizes the firm or organization to
provide its contact information in lieu of contact
information for the individual counsel. The bill
authorizes the child's caregiver or other person holding
the right to make educational decisions for the child to
provide the contact information of the child's attorney to
the child's local educational agency.
Existing law requires, when a child is placed in foster
care, the case plan for each child to include a summary of
the health and education information or records of the
child. Existing law requires the health and education
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summary to include, but not be limited to, among other
things, the names and addresses of the child's health,
dental, and education providers.
This bill authorizes the health and education summary also
to include the name and contact information for the
educational liaison of the child's local educational
agency.
This bill makes various nonsubstantive changes to the above
provisions.
Comments
Disciplinary meetings and hearings. There are many types
of disciplinary meetings that take place ranging from
parent-teacher-student conferences to expulsion hearings.
This bill addresses expulsion hearings, extends suspension
meetings, and IEP meetings regarding a manifestation
determination.
Expulsion hearings : School districts are required to hold
an expulsion hearing for a pupil prior to making a final
decision to expel the pupil. Districts are authorized to
hold these hearings in various ways; some governing boards
conduct the hearings on their own, while others may appoint
an impartial administrative panel of three or more
certificated persons or contract with the county hearing
officer or with the Office of Administrative Hearings.
These hearings are closed to the public unless the pupil
follows specific procedures to request otherwise. Whether
the hearing is closed or open to the public, the governing
board may hold a closed deliberation session during the
hearing. Existing law allows for the parent or guardian,
the pupil and, if the pupil has counsel, the pupil's
counsel to attend the closed deliberation. The governing
board, administrative panel or hearing officer must
determine whether to recommend expulsion of the pupil
within three schooldays after the hearing. If expulsion is
recommended, the governing board's final decision must be
based upon substantiated evidence of the charges made
against the pupil at the expulsion hearing.
Extended suspension meetings . In cases where expulsion
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from any school or suspension for the reminder of the
semester from continuation school is being considered by a
school district, the district superintendent may extend the
suspension until the district board has rendered a
decision. However, an extension may be granted only the
superintendent determines, following a meeting with the
pupil and the pupil's parent or guardian, that the presence
of the pupil at the school or in an alternative school
placement does not cause a danger to persons or property or
a threat of disrupting the instructional process.
Manifestation determination . IEP team meetings making a
manifestation determination are held only for pupils with
exceptional needs to determine whether the behavior leading
to the pending disciplinary action was a manifestation of
the pupil's disability. These meetings are required to be
held for pupils with exceptional needs in compliance with
the federal Individuals with Disabilities Education Act and
call for the meeting of all individuals regularly involved
in the pupil's IEP team meetings, which do not specifically
include a pupil's counsel or county child welfare worker.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/27/12)
Legal Advocates for Children (co-source)
Public Counsel Law Center (co-source)
State Superintendent of Public Instruction, Tom Torlakson
Alameda County Foster Youth Alliance
Alliance for Children's Rights
American Civil Liberties Union of California
Aspiranet
California Alliance of Child and Family Services
California Communities United Institute
California Probation, Parole and Correctional Association
California State Parent Teacher Association
California Teachers Association
California Youth Connection
California Youth Justice Coalition
Center on Juvenile & Criminal Justice
Chief Probation Officers of California
Children's Advocacy Institute
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Children's Defense Fund
Coleman Advocates for Children and Youth
Congregations Building Community
Disability Rights Education & Defense Fund
Disability Rights Legal Center
Elk Grove Unified School District Foster Youth Services
Fight Crime Invest in Kids California
Lambda Legal
Legal Services for Children
Mexican American Legal Defense and Education Fund
National Association of Social Workers
National Center for Youth Law
New America Foundation
PolicyLink
Restorative Schools Vision Project
San Mateo Foster Youth Services
State Bar of California, Family Law Section
Youth and Education Law Project, Mills Legal Clinic
ARGUMENTS IN SUPPORT : According to the author, "Foster
youth are more likely to exhibit emotional and behavioral
problems than their non-foster peers, which often impact
their school behavior. Children and youth in foster care
receive disproportionate levels of discipline in relation
to their non-foster peers and are more likely to be
suspended or expelled from school. Although foster youth
are more likely to have behavioral issues and receive
school discipline, they do not receive the same level of
adult support as their non-foster peers in disciplinary
situations. Existing law requires that a parent is
notified when their child faces expulsion or is subject to
a manifestation determination meeting. Because foster
youth often change homes and the adult responsible for the
education also shifts, it is difficult for the school to
identify the appropriate adult to contact if discipline
problems arise. AB 1909 would close this communication gap
between the school and those responsible for the foster
youth's welfare."
ASSEMBLY FLOOR : 77-0, 5/29/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
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Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Harkey, Hayashi, Roger Hern�ndez,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Cedillo, Fletcher, Hall
PQ:d 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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