BILL ANALYSIS �
AB 1441
Page 1
Date of Hearing: March 26, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 1441 (Stone) - As Amended: March 19, 2014
SUBJECT : Pupils in foster care: transfers between schools:
educational record: course credit
SUMMARY : Establishes requirements related to the transfer of
credits for foster youth who transfer from one local education
agency (LEA) to another. Specifically, this bill :
1)Requires LEAs from which a foster youth is transferring to
award credit for courses in proportion to the period of time
the pupil attended each course and achieved a grade of D or
higher.
2)Defines "local education agency" to mean a school district,
county office of education, or charter school.
3)Requires each LEA, no later than July 1, 2015, to adopt a
policy that establishes a method for awarding partial or full
credit to pupils in foster care who are transferring between
schools.
4)Encourages LEAs, in the development of their partial credit
policy, to consult or adopt the Partial Credit Model Policy
and Practice Recommendations adopted by the California Child
Welfare Council to determine the number of days of course
attendance required for each partial credit awarded, allowing
for excused absences and absences due to their status as a
youth in foster care.
5)Requires the Superintendent of Public Instruction (SPI), no
later than July 1, 2015, to notify each LEA by letter of its
duty to award all full and partial credit for courses to
pupils in foster care who transfer between schools.
6)Clarifies that an LEA to which a foster youth has transferred
shall accept full or partial credits for coursework for which
the pupil has received a grade of D or higher in the prior
school.
7)Requires that, if the coursework completed is a course
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required for graduation, then the LEA to which the foster
youth has transferred shall award credit for the same or
equivalent course that satisfies the requirement for
graduation.
EXISTING LAW establishes procedures to ensure the proper and
timely transfer between schools of pupils in foster care:
Specifically, existing law:
1)Requires the sending LEA to transfer the pupil out of the
school and deliver the educational information and records of
the pupil to the next educational placement within two
business days of being informed of a transfer by a county
transfer agency.
2)Requires the sending LEA to compile the complete educational
record of the pupil including a determination of seat time,
full or partial credits earned, current classes and grades,
immunization and other records and, if applicable, a copy of
the pupil's individualized education plan.
3)Requires a school district or county office of education to
which a foster youth has transferred to accept coursework
satisfactorily completed by a foster youth while attending
another school and requires the credits accepted to be applied
to the same or equivalent course, if applicable.
4)Prohibits a school district or county office of education from
requiring a foster youth to retake a course if the pupil has
satisfactorily completed the entire course in another school.
5)Prohibits a school district or county office of education, if
the pupil did not complete the entire course, from requiring
the pupil to retake the portion of the course completed unless
the school district or county office of education, in
consultation with the holder of educational rights for the
pupils, finds that the pupil is reasonably able to complete
the requirements in time to graduate from high schools.
FISCAL EFFECT : Unknown
COMMENTS : There are currently about 55,000 foster youth in
California, of which about 80%, or 44,000, are of school age.
The number of foster youth in California has been declining
since 1998, when it was about 108,000. Pupils in foster care
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often experience multiple residential placements and multiple
changes in educational placements. A study by the Stuart
Foundation ("At Greater Risk: California Foster Youth and the
Path from High School to College," March 2013) found that 69% of
foster youth experience three or more placements, and 38%
experience 5 or more placements. Changes in placement often
results in transferring to a different school, which can have
detrimental effects on academic achievement. For example,
according to the Stuart Foundation report:
45% of foster youth completed high school, compared to
79% of the general student population.
43% of foster youth enrolled in a community college,
compared to 59% of the general student population.
41% of the foster youth who enrolled in a community
college remained enrolled for a second year, compared to
62% of the general population.
The Legislature has in the past addressed the poor educational
outcomes of foster youth. In 1981, the Legislature declared
that the instruction, counseling, tutoring, and provision of
related services for foster youths are a state priority and
created the Foster Youth Services (FYS) Core District Programs.
The goals of the FYS Program are to identify the educational,
physical, social, and emotional needs of foster youths;
determine gaps in service provision and provide educational and
social support services; identify inadequacies in the completion
and timely transfer of health and education records to
facilitate appropriate and stable care and educational
placements; improve student academic achievement; reduce
incidence of juvenile delinquency, and reduce rates of student
truancy/dropouts; and, provide advocacy to promote the best
interests of foster youths throughout California.
AB 490 (Steinberg) Chapter 862, Statutes of 2003, created
several protections to provide school stability for children in
foster care by allowing them to remain in their school of origin
for the duration of the school year when their residential
placement changes and when remaining in the same school is in
the child's best interest. AB 490 also established the
requirement to transfer full or partial credits earned.
According to the author's office, however, if an LEA from which
a foster youth is transferring does not award partial credit,
then there are no "earned" credits to transfer. Accordingly,
this bill provides that the LEA shall award partial credits and
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establishes a methodology for doing to. In addition, the bill
requires the receiving LEA to accept the full or partial credits
and grades for coursework (existing law requires them to accept
coursework, but does not specify credits or grades). Finally,
whereas some of the transfer provisions of existing law apply
only to school districts and county offices of education, this
bill also applies them to charter schools.
Model policy and practice recommendations. The Child Welfare
Council has issued recommendations for policies and practices to
award partial credit ("Partial Credit Model Policy and Practice
Recommendations," September 4, 2013). Noting the lack of clear
and consistent practice under existing law, the Council
recommends the establishment of a statewide policy that applies
to all LEAs. The recommendations, which were developed after a
review of policies in other states, include the following method
for awarding partial credits, based on a five credit per course
structure:
7-13 class periods = 0.5 credits per subject
14-20 class periods = 1 credit per subject
21-27 class periods = 1.5 credits per subject
28-34 class periods = 2 credits per subject
35-41 class periods = 2.5 credits per subject
42-48 class periods = 3 credits per subject
49-55 class periods = 3.5 credits per subject
56-62 class periods = 4 credits per subject
63-69 class periods = 4.5 credits per subject
70+ class periods = 5 credits per subject
Class periods would be based on actual attendance, rather than
enrollment. Whereas this recommendation awards credits in
increments of 0.5, this bill provides for a sliding scale, based
on the ratio of the number of days in attendance to the length
of the course.
REGISTERED SUPPORT / OPPOSITION :
Support
Alliance for Children's Rights
Aspiranet
California School Employees Association
Chief Probation Officers of California
Children Now
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John Burton Foundation
National Association of Social Workers - California Chapter
National Center for Youth Law
Public Counsel
Santa Cruz County Office of Education
Students First
Opposition
None received
Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087