BILL ANALYSIS �
SB 1568
Page 1
SENATE THIRD READING
SB 1568 (DeSaulnier)
As Amended July 3, 2012
Majority vote
SENATE VOTE :38-0
HUMAN SERVICES 6-0 EDUCATION 9-0
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|Ayes:|Beall, Jones, Ammiano, |Ayes:|Brownley, Norby, Ammiano, |
| |Grove, Hall, Portantino | |Buchanan, Butler, Carter, |
| | | |Eng, Halderman, Williams |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires a local educational agency (LEA) to allow a
former foster youth to remain enrolled in their school of origin
through graduation if the jurisdiction of the court is
terminated while the youth is in high school.
EXISTING LAW :
1)Defines a "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.
2)Requires LEAs, at the initial detention or placement, or any
subsequent change in placement, to allow a foster child to
continue his or her education at their school of origin for
the duration of the court's jurisdiction.
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3)Requires LEAs to allow a former foster youth to continue to be
enrolled at their school of origin through the duration of the
academic year in which they were emancipated.
4)Requires LEAs to designate a staff person to act as an
educational liaison for foster youth to assist with their
needs, as specified.
5)Provides the educational liaison in agreement with the foster
child and the foster child's educational rights holder the
ability to recommend that the foster child's right to attend
the school of origin be waived and enrolled in another school,
as specified.
6)Provides that an LEA is not required to, and is not prohibited
from, providing transportation services to allow foster youth
to attend a school or school district.
7)Allows the foster youth to remain enrolled in their school of
origin pending the resolution of any disputes over their
recommended school enrollment.
8)Requires LEAs to allow foster child transitioning between
school grade levels to continue in the school district of
origin in the same attendance area.
9)Requires LEAs to allow foster youth to transition to a middle
school or high school in accordance with that school of
origin's feeder patterns, including if the designated school
is for matriculation to another school district.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no increased General Fund/Proposition 98 (GF)/(98)
costs to the state to implement this measure. The state
allocates GF/98 per pupil, revenue limit funding (general
purpose) to school districts. If a former foster child enrolled
in high school chooses to remain in his or her school of origin,
the state will continue to provide revenue limit funding to this
district. Subsequently, if the child chooses to attend school
in a different district, the state will provide revenue limit
funding to that district for the child.
COMMENTS :
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Background : The intent of this measure is to help reduce the
number of times a foster youth will change schools by providing
additional educational stability when a youth exits the foster
care system.
Numerous studies and research have demonstrated that children in
foster care face some of the most daunting challenges to their
educational success. This can be traced not only to the reasons
they were placed in foster care, but for the circumstances they
experience while in foster care. In a study released by the
Institute for Higher Education Policy, the average stay in
foster care is 18 months long, where a foster youth will
experience on average three different placements.
Additionally, in many cases the only common experience a foster
youth will have is the consistency and lasting adult and social
relationships they create at school. Although California has
established a child welfare system to provide for a stable home
and school environment for foster youth, too often foster youth
have to change homes and schools, which can cause significant
disruption in their support structure, educational attainment
and social life.
Recent state and federal efforts have been undertaken to
recognize and emphasize the importance of educational stability
for foster youth in the child welfare system. Several
provisions of the federal Fostering Connections Act of 2008
promote educational stability and require state child welfare
agencies to coordinate with schools to ensure a child does not
change schools when entering foster care or when a change in
placement occurs, unless remaining in the original school is not
in the child's best interest.
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 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 the
child's best interest to change schools, current Education Code
requires foster children be immediately enrolled in their new
school and helps provide for the transfer of their educational
records.
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Permanency and need for the bill : It is the goal of the state,
through its child welfare system, to protect children from abuse
and neglect, and to reduce the necessity for removing children
from their home. This includes encouraging the speedy
reunification of families when it can be safely accomplished,
locating permanent homes and families for children who cannot
return to their biological families and to foster the
educational success of foster youth.
Current law provides a number of requirements to help provide
children in foster care with greater educational stability.
However, there are limited provisions that help to provide for
the educational stability of former foster youth after they exit
the child welfare system. Former foster children who exit the
child welfare system have the ability to continue at their
school of origin for the remainder of the year in which they
emancipated. However, at the end of that school year, the
former foster youths would have to transfer to the school that
serves the attendance area in which their parent or guardian
lives. Recognizing the demonstrated educational impact a single
change in educational achievement has on a foster youth,
requiring a recently emancipated foster youth to move schools
again, at a time when reunification or permanency has just been
achieved would create yet another barrier to maintaining greater
educational stability.
According to the author, "current law allows foster youth to
remain in his or her school and district of origin while under
the jurisdiction of the court. When the youth's case is
dismissed and the jurisdiction of the court lifts, the now
former foster youth may only remain in their current school for
the remainder of the school year, after which they will be
transferred to a school in their legal guardian's district.
While seemingly appropriate, this provision has created
challenges for youth who re-enter the foster care system.
According to the Child Welfare Dynamic Report System, 11.8% of
reunited foster youth return to foster care within one year. In
addition, current law creates problems for foster youth who
reunify with their families late in their school career. As the
reunification process can take upwards of four years, these
youth will likely have forged the powerful support network of
friends, teachers, coaches and other adult advocates critical to
scholastic success. If the biological parent which whom the
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youth is reunited lives outside the school district, the now
former foster youth will be forced to change high schools,
shattering that crucial support network, and threatening his or
her ability to graduate on time."
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0004768