AB 709
Version: Amended
Author: Brownley
BILL NUMBER: AB 709 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011
AMENDED IN ASSEMBLY MARCH 23, 2011
INTRODUCED BY Assembly Member Brownley
FEBRUARY 17, 2011
An act to amend Section 48853.5 of the Education Code, and to add Section
120341 to the Health and Safety Code, relating to foster children.
LEGISLATIVE COUNSEL'S DIGEST
AB 709, as amended, Brownley. Foster children: school placement:
disputes.immunization records.
Existing law provides that 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. However, if the educational liaison for foster children and the person
holding the right to make educational decisions for the foster child agree that
the best interests of the foster child would best be served by waiver of this
right and transfer to a school other than the school of origin, the foster
child shall immediately be enrolled in the new school. Existing law requires
the new school to immediately enroll the foster child even if he or she is
unable to produce clothing or records normally required for enrollment, such as
previous academic records, medical records, proof of residency, other
documentation, or school uniforms.
Existing law prohibits the governing authority of a school or other institution
from unconditionally admitting any person as a pupil of any private or public
elementary or secondary school, child care center, day nursery, nursery school,
family day care home, or development center, unless prior to the pupil's first
admission to that institution the pupil has been fully immunized against
specified diseases.
This bill would specify that the new school is required to immediately enroll
the foster child even if he or she is unable to produce medical records,
including, but not limited to, records or other proof of immunization history.
ThisThe bill would make a conforming change by requiring
the governing authority to admit a foster child whose immunization records are
not available or are missing
and prohibiting this change from altering
specified obligations of the governing authority . The bill would state
the Legislature's intent to reconcile the provisions of the Health and Safety
Code with those of the Education Code.
The bill would also make technical, nonsubstantive changes.
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. It is the intent of the Legislature that a foster child
be
immediatelyimmediately be enrolled in and allowed to attend
school, even if he or she is unable to produce records normally required for
school enrollment. The intent of this act is to reconcile the provisions of the
Health and Safety Code with the provisions of the Education Code.
SEC. 2. Section 48853.5 of the Education Code is amended to read:
48853.5. (a) This section applies to 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 (hereafter "foster child").
(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, the educational liaison shall be affiliated with the
local foster children services program. The liaison shall do all 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 or from
one school district to another in ensuring proper transfer of credits, records,
and grades.
(c) This section does not grant authority to the educational liaison that
supersedes the authority granted under state and federal law to a parent or
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 school of
origin.
(d) (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 prior to the end of an
academic year, the foster child shall be allowed to continue his or her
education in the school of origin through the duration of the academic school
year.
(3) 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.
(4) Paragraphs (2) and (3)
of subdivision (d) shall not be construed
to 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, nor shall this paragraph be construed to prohibit a school
district from, at its discretion, providing transportation services to allow a
foster child to attend a school or school district.
(5) The 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, in accordance with the foster child's best interests,
recommend that the foster child's right to attend the school of origin be
waived and the foster child be enrolled in any public school that pupils living
in the attendance area in which the foster child resides are eligible to
attend.
(6) Prior to making any recommendation to move a foster child from his or her
school of origin, the 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 this
recommendation serves the foster child's best interest.
(7) (A) If the liaison in consultation with the foster child and the person
holding the right to make educational decisions for the foster child agree 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
Section 120341Chapter 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) The liaison for the new school shall, within two business days of the
foster child's request for enrollment, contact the school last attended by the
foster child to obtain all academic and other records. All required records
shall be provided to the new school regardless of any outstanding fees, fines,
textbooks, or other items or moneys owed to the school last attended. The
school liaison for the school last attended shall provide all records to the
new school within two business days of receiving the request.
(8) 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 any pupil
served by the local educational agency.
(9) The local educational agency and the county placing agency are encouraged
to collaborate to ensure maximum utilization 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.
(10) It is the intent of the Legislature that
this subdivision
(d) shall not supersede or exceed other laws governing special
education services for eligible foster children.
(e) 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 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.
(f) 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.
SEC. 3. Section 120341 is added to the Health and Safety Code, to read:
120341.
(a) The governing authority shall admit a foster child, as
defined in subdivision (a) of Section 48853.5 of the Education Code, whose
immunization records are not available or are missing.
(b) This section shall not alter the obligation of the governing authority
to obtain a foster child's immunization records pursuant to Section 48853.5 of
the Education Code or to ensure the immunization of a foster child pursuant to
this chapter.