BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2241
                                                                  Page  1

          Date of Hearing:   May 9, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 2241 (Dickinson) - As Amended:  April 23, 2012 

          Policy Committee:                              Education 
          Vote:9-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes the Transitioning Youth for Success (TYS) 
          program for the purpose of prioritizing school district and 
          county office of education (COE) use of federal Title I, 
          Neglected, Delinquent, and At-Risk Youth (At-Risk Youth) funds 
          allocated via the No Child Left Behind Act (NCLB), as specified. 
           Specifically, this bill:  

          1)Defines "eligible youth" as a juvenile who has been confined 
            to a facility where a juvenile court school or classes are 
            authorized to be offered.  

          2)Requires a school district or COE that receives federal 
            At-Risk Youth funds to use this money to provide programs and 
            services that focus on the special needs of eligible youth.  

           FISCAL EFFECT  

          1)Reallocation of federal At-Risk Youth Funds, likely in the 
            hundreds of thousands, by establishing the TYS program, as 
            specified.  

          2)Annual GF administrative costs to SDE, likely between $150,000 
            and $200,000, to administer the TYS program.  According to 
            SDE, it currently receives $15 million for all administration 
            of Title I subpart programs, including the At-Risk Youth 
            program.  These funds are utilized throughout SDE for various 
            administrative activities, including program monitoring and 
            financial auditing.  This bill establishes a competitive grant 
            program for the federal At-Risk Youth Funds, which will 
            involve developing an application, providing technical 








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            assistance to applicants, and scoring/reviewing the 
            applications, as specified.  It is unclear if there are 
            adequate administrative resources to complete this work.  

          3)One-time GF costs, likely less than $150,000, to develop 
            consistent measures for determining how to evaluate the 
            success of the TYS program, as specified.  This involves 
            consulting with the Board of Corrections and COEs.    

           SUMMARY

           1)Requires a school district or COE, in order to receive federal 
            At-Risk Youth funds, to submit an application to the State 
            Department of Education (SDE) with specified information, 
            including all of the following: 

             a)   The appointment of a transition specialist or 
               coordinator who must perform specified duties for eligible 
               youth who have been confined to a facility for more than 30 
               days, including developing individualized transition plans 
               and portfolios, coordinating the transfer of education 
               records, coordinating with other agencies regarding 
               placement, serving as an advocate for the youth, and 
               establishing a tracking system to monitor their educational 
               placements, as specified. 
             b)   A general description of the demographics and 
               characteristics of the youth who will be served, as 
               specified. 
             c)   An assessment and inventory of existing education, 
               probation, mental health, health, social services, 
               substance abuse prevention/treatment, and youth services 
               resources, as specified. 
             d)   A description of the manner in which the district or COE 
               will coordinate with existing social, health, or other 
               services to meet the needs of transitioning eligible youth, 
               as specified. 
             e)   Specific transition strategies of response to be 
               implemented, including pre-release planning, after school 
               programs, pre-release training in social skills, parenting 
               education, substance abuse treatment, and counseling 
               services, as specified.  
             f)   A description in the manner in which the COE or school 
               district will ensure that eligible youth transitioning from 
               a juvenile facility will overcome barriers that prevent 
               them from reenrolling in a school.  








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             g)   A description how a program will involve parents in 
               efforts to improve the educational achievement of their 
               children. 
             h)   A data and information sharing system to ensure that the 
               actions identified in the transition plan are fully 
               coordinated and to provide data for measuring program 
               success. 
             i)   An expenditure plan. 

          2)Requires a comprehensive transition plan to be developed and 
            implemented for each eligible youth, as specified.  

          3)Requires the Superintendent of Public Instruction (SPI), by 
            December 1, 2013, and in consultation with the Board of State 
            and Community Corrections and COEs, to develop consistent 
            measures for determining how to evaluate the success of 
            programs and services funded under this program.  

          4)Requires the State Board of Education (SBE) to amend the 
            state's consolidated application for NCLB to adequately 
            reflect the requirements of the TYS program 

           COMMENTS  

           1)Background  .  According to SDE, the federal At-Risk Youth 
            funds, authorized under Title I of NCLB, provide educational 
            and transitional services to neglected, delinquent, and 
            at-risk children and youths who reside in 24-hour facilities 
            and institutions. The delinquent population is connected to 
            the juvenile justice system and resides in juvenile halls, 
            group homes, and adult correctional institutions. The 
            neglected population is made up of children and youths who 
            have been placed in group homes or shelters due to 
            abandonment, neglect, or death of their parents or guardians.

            At-Risk Youth funds are provided to state and local 
            educational agencies (LEAs) to ensure that neglected and 
            delinquent children and youths meet the same standards that 
            are required of all students in the state. Additionally, 
            transitional programs provide support for students to make the 
            transition from institutionalization to further schooling or 
            employment.

            Current law establishes juvenile court schools, which operate 
            in any juvenile hall, juvenile home, day center, juvenile 








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            ranch, juvenile camp, regional youth educational facility or 
            in any group home housing 25 or more children.  These schools 
            may operate at more than one site, but are governed by a 
            central administration (typically COEs).  According to SDE, 
            there were 83 juvenile court schools enrolling 9,000 pupils in 
            2010-11.  

            Statute also authorizes school districts and COEs to operate 
            community day schools as an alternative to a student's regular 
            school. The Legislature established these schools in the 
            mid-1990s to give districts resources to educate students who 
            are expelled from school or who are involved with local law 
            enforcement agencies.  Community day schools were designed as 
            short-term placement for students, usually for one or two 
            semesters, until they return to a traditional school.  
            According to SDE, there were 285 community day schools 
            enrolling 8,900 pupils in 2010-11.    

           2)Purpose  .  According to the author, "California's juvenile 
            justice population is disproportionately youth of color, 
            low-income and academically 'at risk' of failure.  Many 
            juvenile justice youth have experienced repeated interruptions 
            in their education before they entered the juvenile justice 
            system and had already dropped out of school or were at high 
            risk of doing so. Although state law requires that they do so, 
            many schools will not accept  or calculate partial credits for 
            work done while enrolled in a juvenile court school, pushing 
            these youth even further behind in their efforts to secure 
            sufficient credits to graduate.  Often times no effort is made 
            to secure their educational records from prior placements to 
            assess where they stand in terms of credits necessary to 
            graduate. These youth are often released mid-term, making 
            integration or reenrollment into a regular school even more 
            challenging."

            The author further states: "This bill would ensure that 
            juvenile justice youth make a successful transition from 
            detention to further education or employment by providing them 
            with a comprehensive transition plan and supportive services.  
            As a condition of receiving federal funding, LEAs would be 
            required to appoint a transition coordinator who will be 
            charged with developing and coordinating individualized 
            transition plans for eligible youth and helping ensure the 
            seamless continuum of services for youth once they are 
            released."








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           3)Re-purposing the use of federal At-Risk Youth funds  .  
            According to the United States Department of Education (USDE), 
            At-Risk Youth funds are allocated via a formula grant (based 
            on the number of children in state institutions for delinquent 
            youths) to State Education Agencies (SEA, which for California 
            is the SBE) for supplementary education services to help 
            provide education continuity for children and youths in 
            state-run institutions for juveniles and in adult correctional 
            institutions so that these youths can make successful 
            transitions to school or employment once they are released.   
            Once the SBE receives this funding, it is allocated on a 
            formula basis to LEAs responsible for educating neglected or 
            delinquent children and youths. 

            According to USDE, in order to be eligible for these funds, 
            juvenile institutions must provide 20 hours a week of 
            instruction from nonfederal funds; adult correctional 
            institutions must provide 15 hours. Funds are awarded to LEAs 
            with high proportions of neglickted and delinquent youth based 
            on survey data.  


            In 2010-11, 67 LEAs received a total of $34.1 million in 
            federal At-Risk Youth funding.  The largest allocation was to 
            the Los Angeles COE for $10.2 million and the smallest 
            allocations were $7,473 to both Twin Rivers Unified and Lodi 
            Unified School District.  COEs receive the majority of this 
            funding.  LEAs currently utilize this funding for a variety of 
            services, including providing tutoring to students in group 
            homes, providing transition services to students, and paying 
            for instructional aides and other staff in juvenile halls.  
            The manner in which LEAs spend these funds largely depends on 
            their student's needs.  


           4)Could this bill dissuade some LEA's from participation?   Some 
            LEAs report currently having a transition coordinator to help 
            their students and therefore, compliance with this bill will 
            not be an issue.  Many LEAs, however, are limited in the types 
            of services they can provide to students due to the amount of 
            funding they receive.  This bill has several requirements to 
            provide transition services, including developing a 
            comprehensive transition plan, as specified.  There is a 








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            possibility that LEAs, particularly small ones that currently 
            receive At-Risk funds, will choose to no longer receive this 
            allocation because they are not able to meet the requirements 
            of this measure or the bill's requirements do not meet the 
            needs of their students.  In this time of severe financial 
            hardship to schools, LEAs are asking for the state to be as 
            flexible as possible in their allocation and use of existing 
            funding.  Should the state be adding more requirements for 
            LEAs to receive federal funds to aid their At-Risk youth 
            population?         

             

            

           
          Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081