Bill Text: CA AB81 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Interscholastic athletics: pupils in foster care.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 76, Statutes of 2009. [AB81 Detail]

Download: California-2009-AB81-Amended.html

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BILL NUMBER: AB 81	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009

INTRODUCED BY   Assembly Member Audra Strickland
   (Coauthors: Assembly Members Adams, DeVore, Gilmore, Jeffries,
Nestande, Price, and Smyth)
   (Coauthors: Senators Cox and Runner)

                        DECEMBER 22, 2008

   An act to  add Section 49069.7 to   amend
Section 48850 of  the Education Code, relating to
interscholastic athletics.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 81, as amended, Audra Strickland. Interscholastic athletics:
pupils in foster care.
   Existing law recognizes that the California Interscholastic
Federation is a voluntary organization that consists of school and
school-related personnel with responsibility for administering
interscholastic athletic activities in secondary schools. 
   Existing law requires that, with respect to a pupil in foster
care, as soon as a county placing agency becomes aware of the need to
transfer that pupil out of his or her current school, the county
placing agency contact the appropriate person at the local
educational agency of the pupil and notify the local educational
agency of the date that the pupil will be leaving the school and
request that the pupil be transferred out. Existing law further
requires that, upon receiving a transfer request from a county
placing agency, the local educational agency of the pupil transfer
the pupil out of the school and deliver the educational information
and records of the pupil to the next educational placement within 2
business days.  
   Existing law expresses the intent of the Legislature to ensure
that all pupils in foster care and those who are homeless, as
defined, have a meaningful opportunity to meet the challenging state
pupil academic achievement standards to which all pupils are held and
that, in fulfilling their responsibilities to these pupils,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils. 
   This bill would require  the California Interscholastic
Federation to amend its constitution and bylaws to require that, no
later than January 15, 2010, the transfer of a pupil in foster care
pursuant to a court order or the transfer of a pupil in foster care
pursuant to the determination of a social worker that changes are
needed in that pupil's home setting are valid changes of residence
for the purposes of eligibility for interscholastic athletic
activities   that a foster child who changes residences
pursuant to a court order or decision of a child welfare worker be
immediately deemed to meet all residency requirements for
participation   in interscholastic sports or other
extracurricular activities  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 48850 of the  
Education Code   is amended to read: 
   48850.  (a)  (1)    It is the intent of the
Legislature to ensure that all pupils in foster care and those who
are homeless as defined by the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.) have a meaningful
opportunity to meet the challenging state pupil academic achievement
standards to which all pupils are held. In fulfilling their
responsibilities to these pupils, educators, county placing agencies,
care providers, advocates, and the juvenile courts shall work
together to maintain stable school placements and to ensure that each
pupil is placed in the least restrictive educational programs, and
has access to the academic resources, services, and extracurricular
and enrichment activities that are available to all pupils  ,
including, but not necessarily limited to, interscholastic sports
administered by the California Interscholastic Federation  . In
all instances, educational and school placement decisions must be
based on the best interests of the child. 
   (2) A foster child who changes residences pursuant to a court
order or decision of a child welfare worker shall be immediately
deemed to meet all residency requirements for participation in
interscholastic sports or other extracurricular activities. 
   (b) Every county office of education shall make available to
agencies that place children in licensed children's institutions
information on educational options for children residing in licensed
children's institutions within the jurisdiction of the county office
of education for use by the placing agencies in assisting parents and
foster children to choose educational placements.
   (c) For purposes of individuals with exceptional needs residing in
licensed children's institutions, making a copy of the annual
service plan, prepared pursuant to subdivision (b) of Section 56205,
available to those special education local plan areas that have
revised their local plans pursuant to Section 56836.03 shall meet the
requirements of subdivision (b). 
  SECTION 1.    Section 49069.7 is added to the
Education Code, to read:
   49069.7.  The California Interscholastic Federation shall amend
its constitution and bylaws to require that, no later than January
15, 2010, either of the following is a valid change of residence for
the purposes of eligibility for interscholastic athletic activities:
   (a) A pupil in foster care has been transferred pursuant to a
court order.
   (b) A pupil in foster care has been transferred pursuant to the
determination of a social worker that changes are needed in that
pupil's home setting.