Bill Text: CA AB379 | 2015-2016 | Regular Session | Chaptered
Bill Title: Foster youth: homeless children or youth: complaint of noncompliance: exemption from local graduation requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-11 - Chaptered by Secretary of State - Chapter 772, Statutes of 2015. [AB379 Detail]
Download: California-2015-AB379-Chaptered.html
BILL NUMBER: AB 379 CHAPTERED
BILL TEXT
CHAPTER 772
FILED WITH SECRETARY OF STATE OCTOBER 11, 2015
APPROVED BY GOVERNOR OCTOBER 11, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE JUNE 17, 2015
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
AMENDED IN ASSEMBLY MARCH 17, 2015
INTRODUCED BY Assembly Member Gordon
FEBRUARY 18, 2015
An act to amend Sections 48853, 48853.5, 49069.5, 51225.1, and
51225.2 of, and to amend the heading of Chapter 5.5 (commencing with
Section 48850) of Part 27 of Division 4 of Title 2 of, the Education
Code, relating to foster youth.
LEGISLATIVE COUNSEL'S DIGEST
AB 379, Gordon. Foster youth: homeless children or youth:
complaint of noncompliance: exemption from local graduation
requirements.
(1) Existing law requires certain pupils placed in a licensed
children's institution or foster family home to attend programs
operated by the local educational agency unless a specified condition
applies. Existing law authorizes certain foster children living in
emergency shelters to receive educational services at the emergency
shelter as necessary for short periods of time for specified reasons.
Existing law requires that all educational and school placement
decisions be based on the best interests of the child.
This bill would authorize the filing of a complaint of
noncompliance with these provisions to be filed with the local
educational agency under the Uniform Complaint Procedures set forth
in the California Code of Regulations. The bill would require, if a
local educational agency finds merit in a complaint or the
Superintendent of Public Instruction finds merit in an appeal, the
local educational agency to provide a remedy to the affected pupil.
The bill would also require information regarding the requirements of
these provisions relating to educational and school placements of
certain foster youth to be included in a specified annual
notification. By imposing additional requirements on local
educational agencies, this bill would impose a state-mandated local
program.
(2) Existing law requires each local educational agency, as
defined, 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 would authorize the filing of a complaint of
noncompliance with these provisions to be filed with the local
educational agency under the Uniform Complaint Procedures set forth
in the California Code of Regulations. The bill would require, if a
local educational agency finds merit in a complaint or the
Superintendent of Public Instruction finds merit in an appeal, the
local educational agency to provide a remedy to the affected pupil.
The bill would also require information regarding the requirements of
these provisions relating to educational and school placements of
certain foster youth to be included in a specified annual
notification. By imposing additional requirements on local
educational agencies, this bill would impose a state-mandated local
program.
(3) Existing law establishes procedures for the transfer of pupils
in foster care between schools and, among other things, requires the
local educational agency from which the pupil is transferring to
compile the complete educational record of the pupil, including,
among other things, full or partial credits earned and current
classes and grades, and to deliver the educational information and
records of the pupil to the next educational placement.
This bill would authorize the filing of a complaint of
noncompliance with these provisions to be filed with the local
educational agency under the Uniform Complaint Procedures set forth
in the California Code of Regulations. The bill would require, if a
local educational agency finds merit in a complaint or the
Superintendent of Public Instruction finds merit in an appeal, the
local educational agency to provide a remedy to the affected pupil.
The bill would also require information regarding the requirements of
these provisions relating to the transfer of pupils in foster care
between schools to be included in a specified annual notification. By
imposing additional requirements on local educational agencies, this
bill would impose a state-mandated local program.
(4) Existing law requires a school district, except as provided,
to exempt a pupil in foster care, as defined, or a pupil who is a
homeless child or youth, as defined, who transfers between schools
any time after the completion of the pupil's 2nd year of high school
from all coursework and other requirements adopted by the governing
board of the school district that are in addition to certain
statewide coursework requirements. Existing law requires the school
district to notify specified individuals, including a pupil in foster
care or a pupil who is a homeless child or youth, within 30 calendar
days of the date that the pupil who may qualify for the exemption
from local graduation requirements transfers into a school, that the
pupil qualifies for that exemption.
Existing law requires, if a pupil in foster care is exempted from
local graduation requirements, that the exemption continue to apply
after the termination of the court's jurisdiction over the pupil
while he or she is enrolled in school or if the pupil transfers to
another school or school district.
This bill would, if the school district fails to provide the
required notification, declare the affected pupil eligible for the
exemption from local graduation requirements once notified, even if
that notification is received after the termination of the court's
jurisdiction over the pupil or after the pupil is no longer a
homeless child or youth, as applicable, if the pupil otherwise
qualifies for the exemption.
This bill would require, if a pupil who is a homeless child or
youth is exempted from local graduation requirements, that the
exemption continue to apply after the pupil is no longer a homeless
child or youth while he or she is enrolled in school or if the pupil
transfers to another school or school district.
This bill would authorize the filing of a complaint of
noncompliance with these provisions to be filed with the local
educational agency under the Uniform Complaint Procedures set forth
in the California Code of Regulations. The bill would require, if a
local educational agency finds merit in a complaint or the
Superintendent of Public Instruction finds merit in an appeal, the
local educational agency to provide a remedy to the affected pupil.
The bill would also require information regarding the requirements of
these provisions relating to exempting certain pupils from specified
coursework to be included in a specified annual notification. By
imposing additional requirements on local educational agencies, this
bill would impose a state-mandated local program.
(5) Existing law requires a school district and county office of
education to accept coursework satisfactorily completed by a pupil in
foster care or a pupil who is a homeless child while attending
another public school, a juvenile court school, or a nonpublic,
nonsectarian school or agency even if the pupil did not complete the
entire course and requires the school district and county office of
education to issue the pupil full or partial credit for the
coursework completed. Existing law requires those credits accepted to
be applied to the same or equivalent course, if applicable, as the
coursework completed in the prior public school, juvenile court
school, or nonpublic, nonsectarian school or agency.
This bill would authorize the filing of a complaint of
noncompliance with these provisions to be filed with the local
educational agency under the Uniform Complaint Procedures set forth
in the California Code of Regulations. The bill would require, if a
local educational agency finds merit in a complaint or the
Superintendent of Public Instruction finds merit in an appeal, the
local educational agency to provide a remedy to the affected pupil.
The bill would also require information regarding the requirements of
these provisions relating to the requirement that local educational
agencies accept coursework satisfactorily completed by certain
pupils, as specified, to be included in a specified annual
notification. By imposing additional requirements on local
educational agencies, this bill would impose a state-mandated local
program.
(6) This bill would incorporate changes to Sections 48853 and
48853.5 of the Education Code proposed by both this bill and AB 224,
which would become operative only if both bills are enacted and
become effective on or before January 1, 2016, and this bill is
chaptered last.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 5.5 (commencing with Section
48850) of Part 27 of Division 4 of Title 2 of the Education Code is
amended to read:
CHAPTER 5.5. EDUCATION OF PUPILS IN FOSTER CARE AND PUPILS WHO
ARE HOMELESS
SEC. 2. Section 48853 of the Education Code is amended to read:
48853. (a) A pupil described in subdivision (a) of Section
48853.5 who is placed in a licensed children's institution or foster
family home shall attend programs operated by the local educational
agency, unless one of the following applies:
(1) The pupil is entitled to remain in his or her school of origin
pursuant to paragraph (1) of subdivision (d) of Section 48853.5.
(2) The pupil has an individualized education program requiring
placement in a nonpublic, nonsectarian school or agency, or in
another local educational agency.
(3) The parent or guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361 or
726 of the Welfare and Institutions Code or Section 56055, determines
that it is in the best interests of the pupil to be placed in
another educational program, in which case the parent or guardian or
other person holding the right to make educational decisions for the
pupil shall provide a written statement that he or she has made that
determination to the local educational agency. This statement shall
include a declaration that the parent, guardian, or other person
holding the right to make educational decisions for the pupil is
aware of all of the following:
(A) The pupil has a right to attend a regular public school in the
least restrictive environment.
(B) The alternate education program is a special education
program, if applicable.
(C) The decision to unilaterally remove the pupil from the regular
public school and to place the pupil in an alternate education
program may not be financed by the local educational agency.
(D) Any attempt to seek reimbursement for the alternate education
program may be at the expense of the parent, guardian, or other
person holding the right to make educational decisions for the pupil.
(b) For purposes of ensuring a parent, guardian, or other person
holding the right to make educational decisions for the pupil is
aware of the information described in subparagraphs (A) to (D),
inclusive, of paragraph (3) of subdivision (a), the local educational
agency may provide him or her with that information in writing.
(c) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, a community school as
described in Sections 1981 and 48660, or other alternative
educational setting, the parent or guardian, or person holding the
right to make educational decisions for the pupil pursuant to Section
361 or 726 of the Welfare and Institutions Code or Section 56055,
shall first consider placement in the regular public school.
(d) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (e) of Section
48853.5, pending resolution of the dispute. The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency.
(e) This section does not supersede other laws that govern pupil
expulsion.
(f) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.
(g) (1) Foster children living in emergency shelters, as
referenced in the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11301 et seq.), may receive educational services at the
emergency shelter as necessary for short periods of time for either
of the following reasons:
(A) For health and safety emergencies.
(B) To provide temporary, special, and supplementary services to
meet the child's unique needs if a decision regarding whether it is
in the child's best interests to attend the school of origin cannot
be made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.
(2) The educational services may be provided at the shelter
pending a determination by the person holding the right regarding the
educational placement of the child.
(h) All educational and school placement decisions shall be made
to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources, services,
and extracurricular and enrichment activities that are available to
all pupils. In all instances, educational and school placement
decisions shall be based on the best interests of the child.
(i) (1) A complaint of noncompliance with the requirements of this
section may be filed with the local educational agency under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations and shall receive a written
decision regarding the appeal within 60 days of the department's
receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.
SEC. 2.5. Section 48853 of the Education Code is amended to read:
48853. (a) A pupil described in subdivision (a) of Section
48853.5 who is placed in a licensed children's institution or foster
family home shall attend programs operated by the local educational
agency, unless one of the following applies:
(1) The pupil is entitled to remain in his or her school of origin
pursuant to paragraph (1) of subdivision (e) of Section 48853.5.
(2) The pupil has an individualized education program requiring
placement in a nonpublic, nonsectarian school or agency, or in
another local educational agency.
(3) The parent or guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361 or
726 of the Welfare and Institutions Code or Section 56055, determines
that it is in the best interests of the pupil to be placed in
another educational program, in which case the parent or guardian or
other person holding the right to make educational decisions for the
pupil shall provide a written statement that he or she has made that
determination to the local educational agency. This statement shall
include a declaration that the parent, guardian, or other person
holding the right to make educational decisions for the pupil is
aware of all of the following:
(A) The pupil has a right to attend a regular public school in the
least restrictive environment.
(B) The alternate education program is a special education
program, if applicable.
(C) The decision to unilaterally remove the pupil from the regular
public school and to place the pupil in an alternate education
program may not be financed by the local educational agency.
(D) Any attempt to seek reimbursement for the alternate education
program may be at the expense of the parent, guardian, or other
person holding the right to make educational decisions for the pupil.
(b) For purposes of ensuring a parent, guardian, or other person
holding the right to make educational decisions for the pupil is
aware of the information described in subparagraphs (A) to (D),
inclusive, of paragraph (3) of subdivision (a), the local educational
agency may provide him or her with that information in writing.
(c) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, a community school as
described in Sections 1981 and 48660, or other alternative
educational setting, the parent or guardian, or person holding the
right to make educational decisions for the pupil pursuant to Section
361 or 726 of the Welfare and Institutions Code or Section 56055,
shall first consider placement in the regular public school.
(d) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (f) of Section
48853.5, pending resolution of the dispute. The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency.
(e) This section does not supersede other laws that govern pupil
expulsion.
(f) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.
(g) (1) Foster children living in emergency shelters, as
referenced in the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11301 et seq.), may receive educational services at the
emergency shelter as necessary for short periods of time for either
of the following reasons:
(A) For health and safety emergencies.
(B) To provide temporary, special, and supplementary services to
meet the child's unique needs if a decision regarding whether it is
in the child's best interests to attend the school of origin cannot
be made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.
(2) The educational services may be provided at the shelter
pending a determination by the person holding the right regarding the
educational placement of the child.
(h) All educational and school placement decisions shall be made
to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources, services,
and extracurricular and enrichment activities that are available to
all pupils. In all instances, educational and school placement
decisions shall be based on the best interests of the child.
(i) (1) A complaint of noncompliance with the requirements of this
section may be filed with the local educational agency under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations and shall receive a written
decision regarding the appeal within 60 days of the department's
receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.
SEC. 3. Section 48853.5 of the Education Code is amended to read:
48853.5. (a) This section applies to a foster child. "Foster
child" means a child who has been removed from his or her home
pursuant to Section 309 of the Welfare and Institutions Code, is the
subject of a petition filed under Section 300 or 602 of the Welfare
and Institutions Code, or has been removed from his or her home and
is the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.
(b) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24 of Division 3, the
educational liaison shall be affiliated with the local foster
children services program. The educational liaison shall do both of
the following:
(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
(2) Assist foster children when transferring from one school to
another school or from one school district to another school district
in ensuring proper transfer of credits, records, and grades.
(c) If so designated by the superintendent of the local
educational agency, the educational liaison shall notify a 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 pursuant to Section 1415(k) of Title 20
of the United States Code if the local educational agency has
proposed a change in placement due to an act for which the decision
to recommend expulsion is at the discretion of the principal or the
district superintendent of schools.
(d) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or legal guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison is
advisory with respect to placement decisions and determination of the
school of origin.
(e) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
jurisdiction of the court.
(2) If the jurisdiction of the court is terminated before the end
of an academic year, the local educational agency shall allow a
former foster child who is in kindergarten or any of grades 1 to 8,
inclusive, to continue his or her education in the school of origin
through the duration of the academic school year.
(3) (A) If the jurisdiction of the court is terminated while a
foster child is in high school, the local educational agency shall
allow the former foster child to continue his or her education in the
school of origin through graduation.
(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related service.
(4) To ensure that the foster child has the benefit of
matriculating with his or her peers in accordance with the
established feeder patterns of school districts, if the foster child
is transitioning between school grade levels, the local educational
agency shall allow the foster child to continue in the school
district of origin in the same attendance area, or, if the foster
child is transitioning to a middle school or high school, and the
school designated for matriculation is in another school district, to
the school designated for matriculation in that school district.
(5) Paragraphs (2), (3), and (4) do not require a school district
to provide transportation services to allow a foster child to attend
a school or school district, unless otherwise required under federal
law. This paragraph does not prohibit a school district from, at its
discretion, providing transportation services to allow a foster child
to attend a school or school district.
(6) The educational liaison, in consultation with, and with the
agreement of, the foster child and the person holding the right to
make educational decisions for the foster child, may recommend, in
accordance with the foster child's best interests, that the foster
child's right to attend the school of origin be waived and the foster
child be enrolled in a public school that pupils living in the
attendance area in which the foster child resides are eligible to
attend.
(7) Before making a recommendation to move a foster child from his
or her school of origin, the educational liaison shall provide the
foster child and the person holding the right to make educational
decisions for the foster child with a written explanation stating the
basis for the recommendation and how the recommendation serves the
foster child's best interests.
(8) (A) If the educational liaison, in consultation with the
foster child and the person holding the right to make educational
decisions for the foster child, agrees that the best interests of the
foster child would best be served by his or her transfer to a school
other than the school of origin, the foster child shall immediately
be enrolled in the new school.
(B) The new school shall immediately enroll the foster child even
if the foster child has outstanding fees, fines, textbooks, or other
items or moneys due to the school last attended or is unable to
produce clothing or records normally required for enrollment, such as
previous academic records, medical records, including, but not
limited to, records or other proof of immunization history pursuant
to Chapter 1 (commencing with Section 120325) of Part 2 of Division
105 of the Health and Safety Code, proof of residency, other
documentation, or school uniforms.
(C) Within two business days of the foster child's request for
enrollment, the educational liaison for the new school shall contact
the school last attended by the foster child to obtain all academic
and other records. The last school attended by the foster child shall
provide all required records to the new school regardless of any
outstanding fees, fines, textbooks, or other items or moneys owed to
the school last attended. The educational liaison for the school last
attended shall provide all records to the new school within two
business days of receiving the request.
(9) If a dispute arises regarding the request of a foster child to
remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute. The
dispute shall be resolved in accordance with the existing dispute
resolution process available to a pupil served by the local
educational agency.
(10) The local educational agency and the county placing agency
are encouraged to collaborate to ensure maximum use of available
federal moneys, explore public-private partnerships, and access any
other funding sources to promote the well-being of foster children
through educational stability.
(11) It is the intent of the Legislature that this subdivision
shall not supersede or exceed other laws governing special education
services for eligible foster children.
(f) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled. If the school the
foster child attended when permanently housed is different from the
school in which the foster child was last enrolled, or if there is
some other school that the foster child attended with which the
foster child is connected and that the foster child attended within
the immediately preceding 15 months, the educational liaison, in
consultation with, and with the agreement of, the foster child and
the person holding the right to make educational decisions for the
foster child, shall determine, in the best interests of the foster
child, the school that shall be deemed the school of origin.
(g) This section does not supersede other law governing the
educational placements in juvenile court schools, as described in
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
(h) (1) A complaint of noncompliance with the requirements of this
section may be filed with the local educational agency under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations and shall receive a written
decision regarding the appeal within 60 days of the department's
receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.
SEC. 3.5. Section 48853.5 of the Education Code is amended to
read:
48853.5. (a) This section applies to a foster child. "Foster
child" means a child who has been removed from his or her home
pursuant to Section 309 of the Welfare and Institutions Code, is the
subject of a petition filed under Section 300 or 602 of the Welfare
and Institutions Code, or has been removed from his or her home and
is the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.
(b) The department, in consultation with the California Foster
Youth Education Task Force, shall develop a standardized notice of
the educational rights of foster children, as specified in Sections
48850 to this section, inclusive, 48911, 48915.5, 49069.5, 49076,
51225.1, and 51225.2. The notice shall include complaint process
information, as applicable. The department shall make the notice
available to educational liaisons for foster children for
dissemination by posting the notice on its Internet Web site. Any
version of this notice prepared for use by foster children shall also
include, to the greatest extent practicable, the rights established
pursuant to Section 16001.9 of the Welfare and Institutions Code. In
developing the notice that includes the rights in Section 16001.9 of
the Welfare and Institutions Code, the department shall consult with
the Office of the State Foster Care Ombudsperson.
(c) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24 of Division 3, the
educational liaison shall be affiliated with the local foster
children services program. The educational liaison shall do both of
the following:
(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
(2) Assist foster children when transferring from one school to
another school or from one school district to another school district
in ensuring proper transfer of credits, records, and grades.
(d) If so designated by the superintendent of the local
educational agency, the educational liaison shall notify a 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 pursuant to Section 1415(k) of Title 20
of the United States Code if the local educational agency has
proposed a change in placement due to an act for which the decision
to recommend expulsion is at the discretion of the principal or the
district superintendent of schools.
(e) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or legal guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison is
advisory with respect to placement decisions and determination of the
school of origin.
(f) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
jurisdiction of the court.
(2) If the jurisdiction of the court is terminated before the end
of an academic year, the local educational agency shall allow a
former foster child who is in kindergarten or any of grades 1 to 8,
inclusive, to continue his or her education in the school of origin
through the duration of the academic school year.
(3) (A) If the jurisdiction of the court is terminated while a
foster child is in high school, the local educational agency shall
allow the former foster child to continue his or her education in the
school of origin through graduation.
(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related
service.
(4) To ensure that the foster child has the benefit of
matriculating with his or her peers in accordance with the
established feeder patterns of school districts, if the foster child
is transitioning between school grade levels, the local educational
agency shall allow the foster child to continue in the school
district of origin in the same attendance area, or, if the foster
child is transitioning to a middle school or high school, and the
school designated for matriculation is in another school district, to
the school designated for matriculation in that school district.
(5) Paragraphs (2), (3), and (4) do not require a school district
to provide transportation services to allow a foster child to attend
a school or school district, unless otherwise required under federal
law. This paragraph does not prohibit a school district from, at its
discretion, providing transportation services to allow a foster child
to attend a school or school district.
(6) The educational liaison, in consultation with, and with the
agreement of, the foster child and the person holding the right to
make educational decisions for the foster child, may recommend, in
accordance with the foster child's best interests, that the foster
child's right to attend the school of origin be waived and the foster
child be enrolled in a public school that pupils living in the
attendance area in which the foster child resides are eligible to
attend.
(7) Before making a recommendation to move a foster child from his
or her school of origin, the educational liaison shall provide the
foster child and the person holding the right to make educational
decisions for the foster child with a written explanation stating the
basis for the recommendation and how the recommendation serves the
foster child's best interests.
(8) (A) If the educational liaison, in consultation with the
foster child and the person holding the right to make educational
decisions for the foster child, agrees that the best interests of the
foster child would best be served by his or her transfer to a school
other than the school of origin, the foster child shall immediately
be enrolled in the new school.
(B) The new school shall immediately enroll the foster child even
if the foster child has outstanding fees, fines, textbooks, or other
items or moneys due to the school last attended or is unable to
produce clothing or records normally required for enrollment, such as
previous academic records, medical records, including, but not
limited to, records or other proof of immunization history pursuant
to Chapter 1 (commencing with Section 120325) of Part 2 of Division
105 of the Health and Safety Code, proof of residency, other
documentation, or school uniforms.
(C) Within two business days of the foster child's request for
enrollment, the educational liaison for the new school shall contact
the school last attended by the foster child to obtain all academic
and other records. The last school attended by the foster child shall
provide all required records to the new school regardless of any
outstanding fees, fines, textbooks, or other items or moneys owed to
the school last attended. The educational liaison for the school last
attended shall provide all records to the new school within two
business days of receiving the request.
(9) If a dispute arises regarding the request of a foster child to
remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute. The
dispute shall be resolved in accordance with the existing dispute
resolution process available to a pupil served by the local
educational agency.
(10) The local educational agency and the county placing agency
are encouraged to collaborate to ensure maximum use of available
federal moneys, explore public-private partnerships, and access any
other funding sources to promote the well-being of foster children
through educational stability.
(11) It is the intent of the Legislature that this subdivision
shall not supersede or exceed other laws governing special education
services for eligible foster children.
(g) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled. If the school the
foster child attended when permanently housed is different from the
school in which the foster child was last enrolled, or if there is
some other school that the foster child attended with which the
foster child is connected and that the foster child attended within
the immediately preceding 15 months, the educational liaison, in
consultation with, and with the agreement of, the foster child and
the person holding the right to make educational decisions for the
foster child, shall determine, in the best interests of the foster
child, the school that shall be deemed the school of origin.
(h) This section does not supersede other law governing the
educational placements in juvenile court schools, as described in
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
(i) (1) A complaint of noncompliance with the requirements of this
section may be filed with the local educational agency under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations and shall receive a written
decision regarding the appeal within 60 days of the department's
receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.
SEC. 4. Section 49069.5 of the Education Code is amended to read:
49069.5. (a) The Legislature finds and declares all of the
following:
(1) The mobility of pupils in foster care often disrupts their
educational experience.
(2) Efficient transfer procedures and transfer of pupil records is
a critical factor in the swift placement of foster children in
educational settings.
(3) Pupils who have had contact with the juvenile justice system
are often denied credit or partial credit earned during enrollment in
juvenile court schools. Delays in school enrollment and loss of
earned credit can result in improper class or school placement,
denial of special education services, and school dropout.
(b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency, including the county office of education for pupils in foster
care who are enrolled in juvenile court schools, and the county
placing agency, which includes the county probation department.
(c) As soon as the county placing agency or county office of
education becomes aware of the need to transfer a pupil in foster
care out of his or her current school, the county placing agency or
county office of education shall contact the appropriate person at
the local educational agency of the pupil. The county placing agency
shall notify the local educational agency of the date that the pupil
will be leaving the school and request that the pupil be transferred
out.
(d) Upon receiving a transfer request from a county placing agency
or notification of enrollment from the new local educational agency,
the local educational agency receiving the transfer request or
notification shall, within two business days, transfer the pupil out
of school and deliver the educational information and records of the
pupil to the next educational placement.
(e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall 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 plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or individualized
education program adopted pursuant to the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and who is aware of the specific educational recordkeeping needs of
homeless, foster, and other transient children who transfer between
schools.
(g) The local educational agency shall ensure that, if the pupil
in foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
(h) The local educational agency shall ensure that, if the pupil
in foster care is absent from school due to a verified court
appearance or related court ordered activity, no lowering of his or
her grades will occur as a result of the absence of the pupil under
these circumstances.
(i) (1) A complaint of noncompliance with the requirements of this
section may be filed with the local educational agency under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations and shall receive a written
decision regarding the appeal within 60 days of the department's
receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.
(j) For purposes of this section, the following definitions apply:
(1) "County placing agency" means a county social services
department or county probation department.
(2) "Local educational agency" means a school district, a county
office of education, a charter school participating as a member of a
special education local plan area, or a special education local plan
area.
(3) "Pupil in foster care" means a child who has been removed from
his or her home pursuant to Section 309 of the Welfare and
Institutions Code, is the subject of a petition filed under Section
300 or 602 of the Welfare and Institutions Code, or has been removed
from his or her home and is the subject of a petition filed under
Section 300 or 602 of the Welfare and Institutions Code.
SEC. 5. Section 51225.1 of the Education Code is amended to read:
51225.1. (a) Notwithstanding any other law, a school district
shall exempt a pupil in foster care, as defined in Section 51225.2,
or a pupil who is a homeless child or youth, as defined in Section
11434a(2) of Title 42 of the United States Code, who transfers
between schools any time after the completion of the pupil's second
year of high school from all coursework and other requirements
adopted by the governing board of the school district that are in
addition to the statewide coursework requirements specified in
Section 51225.3, unless the school district makes a finding that the
pupil is reasonably able to complete the school district's graduation
requirements in time to graduate from high school by the end of the
pupil's fourth year of high school.
(b) If the school district determines that the pupil in foster
care, or the pupil who is a homeless child or youth, is reasonably
able to complete the school district's graduation requirements within
the pupil's fifth year of high school, the school district shall do
all of the following:
(1) Inform the pupil of his or her option to remain in school for
a fifth year to complete the school district's graduation
requirements.
(2) Inform the pupil, and the person holding the right to make
educational decisions for the pupil, about how remaining in school
for a fifth year to complete the school district's graduation
requirements will affect the pupil's ability to gain admission to a
postsecondary educational institution.
(3) Provide information to the pupil about transfer opportunities
available through the California Community Colleges.
(4) Permit the pupil to stay in school for a fifth year to
complete the school district's graduation requirements upon agreement
with the pupil, if the pupil is 18 years of age or older, or, if the
pupil is under 18 years of age, upon agreement with the person
holding the right to make educational decisions for the pupil.
(c) To determine whether a pupil in foster care, or a pupil who is
a homeless child or youth, is in the third or fourth year of high
school, either the number of credits the pupil has earned to the date
of transfer or the length of the pupil's school enrollment may be
used, whichever will qualify the pupil for the exemption.
(d) (1) (A) Within 30 calendar days of the date that a pupil in
foster care who may qualify for the exemption from local graduation
requirements pursuant to this section transfers into a school, the
school district shall notify the pupil, the person holding the right
to make educational decisions for the pupil, and the pupil's social
worker or probation officer of the availability of the exemption and
whether the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant
to subparagraph (A), the pupil described in subparagraph (A) shall
be eligible for the exemption from local graduation requirements
pursuant to this section once notified, even if that notification
occurs after the termination of the court's jurisdiction over the
pupil, if the pupil otherwise qualifies for the exemption pursuant to
this section.
(2) (A) Within 30 calendar days of the date that a pupil who is a
homeless child or youth may qualify for the exemption from local
graduation requirements pursuant to this section transfers into a
school, the school district shall notify the pupil, the person
holding the right to make educational decisions for the pupil, and
the local educational agency liaison for homeless children and youth
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the
United States Code, of the availability of the exemption and whether
the pupil qualifies for an exemption.
(B) If the school district fails to provide timely notice pursuant
to subparagraph (A), the pupil described in subparagraph (A) shall
be eligible for the exemption from local graduation requirements
pursuant to this section once notified, even if that notification
occurs after the pupil is no longer a homeless child or youth, if the
pupil otherwise qualifies for the exemption pursuant to this
section.
(e) If a pupil in foster care, or a pupil who is a homeless child
or youth, is exempted from local graduation requirements pursuant to
this section and completes the statewide coursework requirements
specified in Section 51225.3 before the end of his or her fourth year
of high school and that pupil would otherwise be entitled to remain
in attendance at the school, a school or school district shall not
require or request that the pupil graduate before the end of his or
her fourth year of high school.
(f) If a pupil in foster care, or a pupil who is a homeless child
or youth, is exempted from local graduation requirements pursuant to
this section, the school district shall notify the pupil and the
person holding the right to make educational decisions for the pupil
how any of the requirements that are waived will affect the pupil's
ability to gain admission to a postsecondary educational institution
and shall provide information about transfer opportunities available
through the California Community Colleges.
(g) A pupil in foster care, or a pupil who is a homeless child or
youth, who is eligible for the exemption from local graduation
requirements pursuant to this section and would otherwise be entitled
to remain in attendance at the school shall not be required to
accept the exemption or be denied enrollment in, or the ability to
complete, courses for which he or she is otherwise eligible,
including courses necessary to attend an institution of higher
education, regardless of whether those courses are required for
statewide graduation requirements.
(h) If a pupil in foster care, or a pupil who is a homeless child
or youth, is not exempted from local graduation requirements or has
previously declined the exemption pursuant to this section, a school
district shall exempt the pupil at any time if an exemption is
requested by the pupil and the pupil qualifies for the exemption.
(i) If a pupil in foster care, or a pupil who is a homeless child
or youth, is exempted from local graduation requirements pursuant to
this section, a school district shall not revoke the exemption.
(j) (1) If a pupil in foster care is exempted from local
graduation requirements pursuant to this section, the exemption shall
continue to apply after the termination of the court's jurisdiction
over the pupil while he or she is enrolled in school or if the pupil
transfers to another school or school district.
(2) If a pupil who is a homeless child or youth is exempted from
local graduation requirements pursuant to this section, the exemption
shall continue to apply after the pupil is no longer a homeless
child or youth while he or she is enrolled in school or if the pupil
transfers to another school or school district.
(k) A school district shall not require or request a pupil in
foster care, or a pupil who is a homeless child or youth, to transfer
schools in order to qualify the pupil for an exemption pursuant to
this section.
(l) (1) A pupil in foster care, the person holding the right to
make educational decisions for the pupil, the pupil's social worker,
or the pupil's probation officer shall not request a transfer solely
to qualify the pupil for an exemption pursuant to this section.
(2) A pupil who is a homeless child or youth, the person holding
the right to make educational decisions for the pupil, or the local
educational agency liaison for homeless children and youth designated
pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United
States Code, shall not request a transfer solely to qualify the pupil
for an exemption pursuant to this section.
(m) (1) A complaint of noncompliance with the requirements of this
section may be filed with the local educational agency under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations and shall receive a written
decision regarding the appeal within 60 days of the department's
receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.
SEC. 6. Section 51225.2 of the Education Code is amended to read:
51225.2. (a) (1) For purposes of this section, "pupil in foster
care" means a child who has been removed from his or her home
pursuant to Section 309 of the Welfare and Institutions Code, is the
subject of a petition filed under Section 300 or 602 of the Welfare
and Institutions Code, or has been removed from his or her home and
is the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.
(2) For purposes of this section, "pupil who is a homeless child
or youth" means a pupil who meets the definition of "homeless child
or youth" in Section 11434a(2) of Title 42 of the United States Code.
(b) Notwithstanding any other law, a school district and county
office of education shall accept coursework satisfactorily completed
by a pupil in foster care or a pupil who is a homeless child while
attending another public school, a juvenile court school, or a
nonpublic, nonsectarian school or agency even if the pupil did not
complete the entire course and shall issue that pupil full or partial
credit for the coursework completed.
(c) The credits accepted pursuant to subdivision (b) shall be
applied to the same or equivalent course, if applicable, as the
coursework completed in the prior public school, juvenile court
school, or nonpublic, nonsectarian school or agency.
(d) A school district or county office of education shall not
require a pupil in foster care or a pupil who is a homeless child or
youth to retake a course if the pupil has satisfactorily completed
the entire course in a public school, a juvenile court school, or a
nonpublic, nonsectarian school or agency. If the pupil did not
complete the entire course, the school district or county office of
education shall not require the pupil to retake the portion of the
course the pupil completed unless the school district or county
office of education, in consultation with the holder of educational
rights for the pupil, finds that the pupil is reasonably able to
complete the requirements in time to graduate from high school. When
partial credit is awarded in a particular course, the pupil in foster
care or the pupil who is a homeless child or youth shall be enrolled
in the same or equivalent course, if applicable, so that the pupil
may continue and complete the entire course.
(e) A pupil in foster care or a pupil who is a homeless child or
youth shall not be prevented from retaking or taking a course to meet
the eligibility requirements for admission to the California State
University or the University of California.
(f) (1) A complaint of noncompliance with the requirements of this
section may be filed with the local educational agency under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations and shall receive a written
decision regarding the appeal within 60 days of the department's
receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.
SEC. 7. Section 2.5 of this bill incorporates amendments to
Section 48853 of the Education Code proposed by both this bill and
Assembly Bill 224. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 48853 of the Education Code, and (3) this
bill is enacted after Assembly Bill 224, in which case Section 2 of
this bill shall not become operative.
SEC. 8. Section 3.5 of this bill incorporates amendments to
Section 48853.5 of the Education Code proposed by both this bill and
Assembly Bill 224. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 48853.5 of the Education Code, and (3) this
bill is enacted after Assembly Bill 224, in which case Section 3 of
this bill shall not become operative.
SEC. 9. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
