BILL ANALYSIS �
AB 1909
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1909 (Ammiano and Brownley)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |77-0 |(May 29, 2012) |SENATE: |33-0 |(August 29, |
| | | | | |2012) |
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Original Committee Reference: JUD.
SUMMARY : Requires notification of a foster child's attorney and
social worker (or appropriate welfare representative), in
addition to parental or guardian notification, in specified
situations where the foster child faces possible suspension or
expulsion from school. Specifically, this bill :
1)Requires the educational liaison of a foster child to notify
the foster child's attorney and the appropriate representative
of the county child welfare agency of any pending disciplinary
proceedings involving the child, including those to extend a
suspension, to render a manifestation determination for a
child with exceptional needs, or for an expulsion proceeding
if the decision to recommend expulsion is a discretionary act.
2)Requires the school district to invite the foster child's
attorney and an appropriate representative of the county child
welfare agency to participate in any meeting with the foster
child and the child's parent or guardian to determine whether
to extend a suspension of the foster child, as specified.
3)Requires the school district to invite the foster child's
attorney and an appropriate representative of the county child
welfare agency to participate in the individualized education
program (IEP) team meeting to make a manifestation
determination.
4)Requires the school district to provide the foster child's
attorney and an appropriate representative of the county child
welfare agency with written notice, at least 10 calendar days
in advance, of any hearing to determine whether the foster
child should be expelled, including where a recommendation of
expulsion is required or a discretionary act.
AB 1909
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5)Requires counsel appointed for the child to provide, at least
once every year, his or her contact information to the
educational liaison of each local educational agency serving
counsel's foster child clients in the county of jurisdiction,
if the list of educational liaisons is available on the
Internet Web site of the State Department of Education.
6)Authorizes the summary of health and education information, a
component of each foster child's case plan, to include the
name and contact information for the educational liaison of
the child's local educational agency, as defined.
7)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
school district when the child has been placed outside of the
county of jurisdiction.
8)Makes other technical and non-substantive amendments.
The Senate amendments :
1)Remove a reporting requirement of contact information for
agencies that place foster children.
2)Authorize the child's caregiver to provide contact information
of the child's attorney to a school district outside the
child's county of jurisdiction.
3)Clarify the educational liaison's responsibility to notify the
foster child's attorney and social worker in cases where the
decision to recommend expulsion is a discretionary act, rather
than a mandatory one.
4)Authorize certain notices to the pupil's representatives to be
made by the most cost-effective method possible, including by
email or telephone call.
5)State legislative intent relating to notification of persons
holding the right to make educational decisions for the child.
6)Add chaptering-out language to avoid conflicts with SB 1568
(DeSaulnier) and AB 1712 (Beall) of this legislative session.
AB 1909
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AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : None
COMMENTS : This bill, co-sponsored by Legal Advocates for
Children and Youth (LACY) and Public Counsel, seeks to require
that school districts provide notification to a foster youth's
court-appointed attorney and social worker when the foster youth
faces expulsion from school or is subject to a manifestation
determination IEP meeting prior to being suspended or expelled.
Under existing law, such notification is typically required to
be made only to the student's parent or guardian, which,
proponents contend, is inadequate when the student facing
expulsion or suspension is a foster youth.
The author further explains the need for the bill as follows:
While current law requires that a parent is notified
when their child faces expulsion or is subject to a
manifestation determination Individualized Education
Program (IEP) meeting (for students with
disabilities, a meeting with appropriate school
officials to determine if their conduct was linked
to their disability), it is often unclear to the
school who is the appropriate adult to contact for a
foster youth. Consequently, foster youth are often
left without anyone to advocate for them during the
short timeline for an expulsion hearing or
manifestation determination IEP meeting. This can
result in the child being removed from school or
expelled without the foster care agency or the
child's attorney knowing the students' academic
situation before it is too late. These notifications
are essential to parental engagement with school
administrators and teachers to understand and
address the underlying cause of the student's
behavioral issues and determine an appropriate
response. A lack of notification to parties
responsible for the foster youth's welfare creates a
missed opportunity to address the root causes of
that youth's behavioral issues and may lead to an
unnecessary disruption in the foster youth's
education.
AB 1909
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Under existing law, the dependency court may appoint an attorney
to represent any child removed from the physical custody of his
or her parents. A primary responsibility of the attorney is to
advocate for the protection, safety, and physical and emotional
well-being of the child. Existing law also requires an
expulsion hearing to be held within 30 school days of the
underlying incident, and the rights that the child loses if the
expulsion is upheld are significant. For any child facing a
pending expulsion, it is essential that key people responsible
for the child's welfare are informed of this fact. For many
children, this is accomplished simply by notifying the child's
parents, but in the case of foster youth, additional
notification to adults responsible for the youth's welfare seems
prudent and warranted.
This bill expands notification to include the foster youth's
court-appointed attorney and welfare agency designee (i.e., a
county social worker assigned to the youth) in expulsion
hearings and other specified disciplinary proceedings involving
the foster youth. Supporters and foster youth advocates contend
that the child's attorney and social worker are often a more
stable, constant presence in the foster child's life,
particularly for foster youth who may have mental health and
emotional needs, are moved from placement to placement, or may
not have a stable caregiver. Because it is the statutory
responsibility of the attorney to represent the child's best
interest, being informed of any disciplinary problems at school
is necessary for the attorney to carry out his or her duties
under the statute.
According to supporters of the bill, foster youth are more
likely to exhibit emotional and behavioral problems than their
non-foster peers, which often impact their school behavior.
They cite research indicating that foster youth receive
disproportionate levels of discipline in relation to their
non-foster peers and are more likely to be suspended or
expelled. In one study conducted in San Mateo, researchers
concluded that foster youth were 10 times more likely than their
non-foster counterparts to be expelled and 2.5 times more likely
to be suspended. (Castrechini, S. "Issue Brief: Educational
Outcomes for Court-Dependent Youth in San Mateo County."
Stanford: Gardner Center (2009).) Another study conducted on
foster youth in several states showed that two-thirds (67%) of
youth in out-of-home care had been suspended from school at
least once, compared to 28% in a national sample of general
AB 1909
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population youth, while about one-sixth (17%) of the foster
youth had been expelled compared with 5% of the general
population sample. (Courtney, M., et al. "Issue Brief: The
Educational Status of Foster Children." Chicago: Chapin Hall
Center (2004).)
For these reasons, supporters believe this bill will benefit
foster youth by not only ensuring that they have an adult
advocate on their side during the disciplinary process, but that
the social worker or attorney can connect the youth with
appropriate behavioral and mental health resources that will
help the child cope and get back on track in their education.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0005705