BILL NUMBER: AB 854 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 9, 2015
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY MAY 4, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 26, 2015
An act to amend Sections 42920.5, 42921, 42922,
42923, and 42924 of, to add Sections 42926 and 42927
Section 42926 to, and to
repeal and add Sections 42920 and 42925 of, and to repeal
Section 42922 of, the Education Code, relating to educational
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 854, as amended, Weber. Educational services: pupils in foster
care.
(1) Existing law requires 6 specified foster children services
program sites to receive a certain allowance that is required to be
used exclusively for foster children services. Existing law
authorizes any county office of education, or consortium of county
offices of education, in addition to the 6 specified program
sites, to apply to the Superintendent of Public Instruction for
grant funding, to the extent the funds are available, to operate an
education-based foster youth services program to provide educational
and support services for foster children who reside in a licensed
foster home or county-operated juvenile detention facility, as
specified.
This bill would instead establish, commencing with the
2015-16 fiscal year and for each fiscal year thereafter, the Foster
Youth Services Coordinating Program, to be administered by the
Superintendent, to coordinate and ensure that local educational
agencies within its jurisdiction are providing services to foster
youth pupils pursuant to a foster youth services
coordinating plan with the purpose of ensuring positive educational
outcomes. As part of the program, the bill would authorize a
county office of education, or consortium of county offices of
education, in addition to the 6 specified program sites,
to apply to the Superintendent for grant funding, to the
extent funds are available, to operate an education-based foster
youth services coordinating program to provide educational
support for pupils in foster care. The bill also would
provide, commencing with the 2016-17 fiscal year, that each of the 6
specified program sites shall receive, in addition to their local
control funding formula apportionment, an allowance equal to the
amount the school district spent on foster children service programs
in the 2014-15 fiscal year. The bill would require
county offices of education and consortia of county offices of
education receiving funds under the program, and the local
educational agencies within a county or a consortium of counties, to
coordinate services to ensure that, for the 2015-16 and 2016-17
fiscal years, the level of direct services provided to support foster
youth pupils is not less than what was provided in the 2014-15
fiscal year through the previous program. To the extent this would
impose additional duties on local educational agencies within a
county or a consortium to counties, the bill would impose a
state-mandated local program.
(2) Existing law also requires each foster youth services program
to identify at least one person as the foster youth educational
services coordinator, if sufficient funds are available, and assigns
the foster youth educational services coordinator certain
responsibilities, and requires him or her to facilitate the provision
of educational services, as provided, to certain foster youth.
Existing law authorizes a foster youth services program to
prescribe a methodology for determining which pupils may be served.
This bill would instead require the identified
each foster youth services coordinating program to identify the
foster youth educational services coordinator to facilitate
the provision of educational support to any pupil in foster care
residing or attending school in the county,
county or consortium of counties, as specified. The
bill would authorize a foster youth services program, in consultation
with local educational agencies, the county social services agency,
and the county probation department, to prescribe the methodology for
designing specific educational supports for pupils in foster care,
as specified. The bill would require each foster youth
services program , coordinating program, as a
condition of receiving funding, to develop and implement a
foster youth services coordinating plan, as specified,
and to work with its county office of education to ensure
the implementation of certain portions of county and school district
local control and accountability plans, as specified.
for purposes of establishing guiding principles and protocols to
provide supports for foster care pupils aligned with the certain
population priorities. The bill would require each foster youth
services program to establish a local interagency Executive Advisory
Council, as provided.
(3) Existing law requires the Superintendent, by February 15 of
each even-numbered year, to report to the Legislature and the
Governor on the foster children services provided by school
districts, as specified, and requires each school district providing
foster children services to report to the Superintendent, by January
1 of each even-numbered year, any information the Superintendent may
require for purposes of preparing the report.
The bill
This bill would instead require each county
office of education and consortium of county offices of
education providing a foster youth services
coordinating program to report to the Superintendent, by
January 1 of each even-numbered year, any information the
Superintendent may require and that is accessible to the foster youth
services coordinating program for purposes of preparing
the report that is would instead be
submitted to the appropriate fiscal and policy committees of the
Legislature and the Governor by February 15 of each
even-numbered year, and year. The bill
would require the report to include different information, including
aggregate educational outcome data, as specified.
(4) Existing law provides that any school district which provides
educational services for foster children pursuant to the provisions
above shall receive funding in any fiscal year for those services
only by such sums as may be specifically appropriated by the annual
Budget Act of the Legislature for that fiscal year for support of
those school-centered foster children services which provide program
effectiveness and potential cost savings to the state.
This bill would repeal those provisions and would
instead provide that a county office of education that
provides educational support for pupils in foster care shall receive
funding in any fiscal year for that support only by such sums as may
be specifically appropriated by the annual Budget Act of the
Legislature for that fiscal year for support of foster youth services
programs that provide pupils in foster care with supplemental
educational support. The bill also would require county offices of
education with a foster youth services program, to the extent
possible, to develop and enter into a memorandum of understanding,
contract, or formal agreement with the county child welfare agency to
leverage funding, as specified. provide that the
Foster Youth Services Coordinating Program shall only be operative if
funding is provided for its purposes in the annual Budget Act or
another enacted statute.
(5) This bill also would require the Superintendent to identify a
State Foster Youth Services Coordinator within the State Department
of Education who would have certain responsibilities related to
foster youth services programs, and would authorize the State Foster
Youth Services Coordinator to form an advisory committee, as
specified. The bill would also authorize the Superintendent to
provide funding to one or more local educational agencies to work
with the State Foster Youth Services Coordinator to provide the
statewide technical support needed to improve the educational success
of pupils in foster care, as specified.
(5) This bill would require a county child welfare agency, county
probation department, or local educational agency that determines
that it is unable to provide tutoring, mentoring, counseling,
transition, school-based social work, or emancipation services, if
those services are established as needed and identified by the
appropriate local educational agency, in collaboration with the
county child welfare agency and county probation department, where
applicable, to annually certify in writing to the applicable Foster
Youth Services Coordinating Program and to the State Department of
Education the reasons why it is unable to provide those services, as
provided. By imposing additional duties on local officials, the bill
would impose a state-mandated local program.
(6) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42920 of the Education Code is repealed.
SEC. 2. Section 42920 is added to the Education Code, to read:
42920. The Legislature finds and declares all of the following:
(a) The Foster Youth Services (FYS) program has been a successful
program that supports the educational achievement of pupils in foster
care. This success has contributed to landmark California education
finance reform that prioritizes the educational needs of pupils in
foster care.
(b) The county office of education FYS program is uniquely
situated to support interagency collaboration and capacity building,
both at the system and individual pupil level, focused on improving
educational outcomes for pupils in foster care. This is a key
component to the successful implementation of the local control
funding formula (LCFF). The FYS program should support and facilitate
such collaboration and capacity building while preserving the
ability to provide direct services such as tutoring, mentoring,
counseling, transition, school-based social work, and emancipation
assistance when there are identified gaps in service at the local
level and the local Executive Advisory Council establishes that these
services are needed and aligned with local control and
accountability plan priorities.
(c) Pupils in foster care will benefit from increased levels of
supports and services as a result of the FYS program supporting
implementation of the LCFF for pupils in foster care.
(a)
(d) Pupils in foster care represent one of the most
vulnerable and academically at-risk pupil groups enrolled in
California schools. The academic status of pupils in foster care is
often profoundly impacted by the foster care system in which many
pupils in foster care experience multiple placements with an average
frequency of one placement change every six months. Due to this
movement, pupils in foster care lose an average of four to six months
of educational attainment with each move. Therefore, it is essential
to recognize, identify, and plan for the critical and unique
educational needs of pupils in foster care.
(b)
(e) A high percentage of pupils in foster care are
working substantially below grade level, and over one-half of the
pupils in foster care are retained at least one year in the same
grade level. Pupils in foster care earn lower grades and achieve
lower scores on standardized achievements tests in reading and
mathematics, have lower levels of engagement in school, and are half
as likely as pupils not in foster care to be involved in
extracurricular activities. The long-term consequences of poor
academic experiences are significant. Pupils in foster care are twice
as likely as pupils not in foster care to drop out of school before
graduation and only 45 percent of pupils in foster care have
graduated from high school at the time of emancipation. Foster youth
are similarly under represented
underrepresented in college enrollment rates and dramatically
underperform their peers in relation to college completion. Pupils in
foster care are also subject to disproportionate levels of
disciplinary measures, including suspension and expulsion. It is
imperative that California close the foster youth achievement gap so
that pupils in foster care can realize their full potential, reach
their college and career goals, and become independent, productive
members of society.
(c)
(f) Foster youth are an especially vulnerable pupil
population, as they are often also members of other underserved pupil
groups. In 2013, the demographic data of pupils in foster care in
California were as follows:
(1) The largest ethnic group amongst pupils in foster care was
Hispanic, with nearly half of the population.
(2) African American and Native American pupils continue to be
disproportionately represented in the child welfare system, as
researchers found that 26 percent of pupils in foster care were
African American despite African Americans only accounting for 7
percent of the pupil population in California, and 2 percent of
pupils in foster care were Native American despite Native Americans
only accounting for 1 percent of the pupil population in California.
(3) Nearly one in five pupils in foster care had special education
needs, which is over twice the rate of the statewide pupil
population.
(4) More than one 1 in 10 pupils in
foster care were English learners.
(5) A significant number of youth in foster care identify as
lesbian, gay, bisexual, transgender, queer, questioning, or gender
nonconforming.
(d)
(g) Compounded by the research that indicates that
there is a need for California to close the achievement gap between
specific ethnic pupil populations and white pupils, addressing the
foster youth achievement gap will further efforts that support
education equity for all pupils.
(e)
(h) Given their current academic status, pupils in
foster care are more likely to achieve to their
full potential when they are provided services and programs designed
to meet their particular needs, including, but not limited to,
supplemental instruction, counseling, tutoring, and other
support services. support services offered to lesbian,
gay, bisexual, transgender, queer, questioning, and gender
nonconforming youth, and other assistance relevant to their
experience.
(f)
(i) Policies and laws addressing the educational rights
of pupils in foster care must be implemented so that pupils in
foster care are immediately enrolled in school, provided access to
meaningful opportunities to meet state pupil academic achievement
standards to which all pupils are held, and
provided access to a rigorous curriculum, adequately prepared to
enter postsecondary education, and afforded the academic resources,
services, and extracurricular and enrichment activities made
available to other pupils enrolled in California's public schools,
including, but not limited to, interscholastic sports administered by
the California Interscholastic Federation. In fulfilling their
responsibilities to these pupils, educators, county placing agencies,
caregivers, advocates, and the juvenile courts will work together to
ensure that each pupil is placed in the least restrictive
educational environment.
(g)
(j) Foster youth services programs provide pupils in
foster care needed educational support and are a state priority.
SEC. 3. Section 42920.5 of the Education Code is amended to read:
42920.5. (a) Commencing with the 2016-17 fiscal year,
and each fiscal year thereafter, each of the following six foster
youth services program sites: Elk Grove, Mount Diablo, Sacramento
City, San Juan, Paramount, and the Placer Nevada consortium, shall
receive, in addition to their local control funding formula
apportionment, an allowance from the amount annually transferred to
Section A of the State School Fund equal to the amount the school
district spent on foster children service programs in the 2014-15
fiscal year, adjusted to reflect cost-of-living increases by the
total percentage increase received by all categorical education
programs. In no event shall this cost-of-living adjustment exceed the
inflation adjustment provided pursuant to Section 42238.
(b) This allowance shall be used exclusively for foster children
services.
(c) The six program sites may continue to record revenue received
pursuant to this subdivision in the same manner used to record
revenue received for foster children services in the 1981-82 fiscal
year.
(d) The six program sites shall maintain their foster children
services programs in fiscal year 1995-96 and each subsequent fiscal
year at a program level comparable to that at which they administered
those programs in fiscal year 1994-95.
(a) Commencing with the 2015-16 fiscal year, and each fiscal year
thereafter, the Foster Youth Services Coordinating Program,
administered by the Superintendent, is hereby established to provide
supplemental funding to county offices of education, or a consortium
of county offices of education, to coordinate and ensure that local
educational agencies within its jurisdiction are providing services
to foster youth pupils pursuant to the plan established in Section
42921, with the purpose of ensuring positive educational outcomes.
(b) A county office of education, or a consortium of county
offices of education, receiving funds under this program, and the
local educational agencies within the county or consortium of
counties, shall coordinate services to ensure that, for the 2015-16
and 2016-17 fiscal years, the level of direct services provided to
support foster youth pupils is not less than what was provided in the
2014-15 fiscal year through the foster youth services program
established pursuant to Section 42921, as it read on June 30, 2015.
In meeting this requirement, services for foster youth pupils may be
provided through one or any combination of state funding, including,
but not limited to, the local control funding formula, or federal,
local, or other funding.
SEC. 4. Section 42921 of the Education Code is amended to read:
42921. (a) In addition to the six program sites
specified in Section 42920.5, a A county office
of education, or consortium of county offices of education, may elect
to apply to the Superintendent for grant funding, to the extent
funds are available, to operate an education-based foster youth
services coordinating program to provide educational
support for pupils in foster care.
(b) Each foster youth services coordinating program
operated pursuant to this chapter, if sufficient funds are
available, shall have at least one person identified as the
foster youth educational services coordinator. The foster youth
educational services coordinator shall facilitate the provision of
educational support pursuant to subdivision (e)
subdivisions (d) and (e) to any pupil in foster care
residing or attending school in the county.
county or consortium of counties.
(c) For purposes of this chapter, a pupil in foster care means a
foster youth, as defined in paragraph (b) of Section
42238.01 42238.01, or a foster child who resides
in a county-operated juvenile detention facility.
(d) (1) It is the intent of
the Legislature that pupils in foster care with the greatest need for
services be identified as the first priority for foster youth
services. services coordinating. Priority
shall be given to pupils who are living in out-of- home
placements.
(2) In consultation with local educational agencies, the county
social services agency, and the county probation department, a foster
youth services program operated pursuant to this chapter may
prescribe the methodology for designing specific supports for pupils
in foster care, including, guiding principles that establish a
hierarchy of services. In doing so, applicable methodologies may
include, but are not limited to, the needs of specific age groups,
pupils in foster care in specific geographic areas with the highest
concentration of pupils in foster care, and pupils in foster care
with the greatest academic need. A foster youth services program is
encouraged to first provide services for pupils in foster care who
reside in group homes, institutional settings, or other placements
with pupils with high academic needs, as determined by the local
Executive Advisory Council.
(e) Each As a condition of
receiving funds pursuant to this chapter, each foster youth
services coordinating program operated by a county
office of education or a consortium of county offices of education
pursuant to this chapter shall develop and implement a foster
youth services plan. coordinating plan for
purposes of establishing guiding principles and protocols to provide
supports for foster care pupils aligned with the population
priorities established in paragraph (f). The plan shall
document how the program will, to the extent possible, do
include, to the extent possible, but not be limited to,
the following:
(1) Collaborate (A)
A description of how the program will establish ongoing collaboration
with local educational agencies, county child
welfare agencies, and county probation
departments, and local educational agencies to
departments, to determine the proper educational placement of the
foster youth. This includes, but is not limited to, the following:
(i) Building the capacity of county agencies, school districts,
and community organizations to better support the educational success
of pupils in foster care.
(ii) Facilitating collaboration between county agencies, school
districts, and community organizations to ensure coordinated and
nonduplicative service delivery and to ensure pupils in foster care
receive the educational supports and services they need to succeed in
school.
(iii) Providing services and educational case management in
support of individual pupils in foster care, as necessary.
(B) The primary goal of the
collaboration required pursuant to this section shall be to
minimize changes in school placement and support the implementation
of subdivision (c) of Section 48853. To the extent possible,
As necessary, and in accordance with Section 48853.5,
the foster youth services coordinating program may
pay for the cost of transportation to support this paragraph.
(2) Collaborate with county child welfare agencies, county
probation departments, and local educational agencies so that when
(i) If it is in the best
interests of a pupil in foster care to transfer schools, local
educational agencies shall ensure transfers are done
at an educationally appropriate time, educational records are
quickly transferred, appropriate partial credits are awarded, and the
pupil in foster care is quickly enrolled in appropriate classes.
(3) In an effort to support the educational achievement of pupils
in foster care, how they will do the following:
(A) Collaborate with county child welfare agencies, county
probation departments, and local educational agencies to ensure
pupils in foster care have an active education team that, to the
extent possible, may include
(ii) In determining the appropriate
educational placement of foster youth pupils, local educational
agencies, county welfare agencies, and county probation departments
shall consult with an educational rights holder, caregiver,
social worker, teacher, counselor, court-appointed special advocate,
other stakeholders, and the pupil, if as
appropriate. The purpose of the consultation shall be to
ensure all educational programmatic options are considered,
including, but not limited to, English learner, special education,
advanced placement, and career technical education.
(B) Participate in education teams as is helpful and needed. For
purposes of this section, "education teams" includes, but is not
limited to, existing education teams such as individualized education
program teams, student success teams, student study teams, and
multidisciplinary teams. Nothing in this section shall be construed
to prevent local educational agencies from establishing additional
education teams.
(C) Help the education team assess the educational strengths and
needs of the pupil in foster care, and help develop, monitor, and
update an education plan based on those strengths and needs. For
purposes of this section, "education plans" includes, but is not
limited to, existing education plans such as individualized education
programs, student success plans, and multidisciplinary team plans.
Nothing in this section shall be construed to prevent local
educational agencies from establishing additional education plans.
(D) Provide tutoring, mentoring, counseling, transition,
school-based social work, and emancipation services, if those
services are established as needed and identified by the local
Executive Advisory Council to ensure that the services are aligned
with local control and accountability plan priorities and the county
child welfare agency, county probation department, or local
educational agency are unable to provide those services.
(E) Maintain information on all of the following for purposes of
ensuring that pupils in foster care, educational rights holders, and
other education team members are informed of all available
opportunities:
(i) Available schools to ensure appropriate placement.
(ii) Educational programs, including linked learning programs and
special education programs.
(iii) English learner programs.
(iv) After school and summer enrichment opportunities.
(v) Other appropriate supports and services.
(F) Maintain information on postsecondary educational
institutions, career and technical education programs, and
postsecondary opportunities for purposes of ensuring that pupils in
foster care, educational right holders, and other members of the
education team have the information necessary to support access to
postsecondary education, career program, and related supports,
including financial aid.
(G) Collaborate with local postsecondary educational institutions,
including the California Community Colleges, the California State
University, and the University of California, and with county
independent living programs to facilitate a seamless transition from
high school to postsecondary educational institutions, and provide
pupils in foster care currently enrolled in high school with
assistance with college application, matriculation, and financial
aid.
(4) Facilitate, on behalf of individual pupils in foster care, to
ensure:
(A) Transfer of records.
(B) Transcript analysis.
(C) Credit recovery.
(D) Timely individualized education programs in collaboration with
the local educational agency in accordance with the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) and all special education services.
(E) Timely placement in English learner programs, in collaboration
with local educational agencies, as needed.
(F) Enrollment in, or transition to, comprehensive schools or the
least restrictive educational placements, when appropriate.
(G) Education entitlements specific to pupils in foster care are
provided, including, but not limited to, receiving partial credits,
the right to attend the pupil's school of origin, access to
extracurricular and enrichment activities, including, but not limited
to, interscholastic sports administered by the California
Interscholastic Federation made available to all other pupils, and
graduation requirements.
(5) Collaborate, to the extent possible, with local educational
agencies, county child welfare agencies, juvenile courts, county
probation departments, and special education local plan areas in an
effort to have pupils in foster care have an identified educational
rights holder with the capacity to support educational success by:
(A) Helping a local educational agency identify the educational
rights holder of a pupil in foster care.
(B) Collaborating with county child welfare agencies and county
probation departments to identify a responsible adult familiar with
the pupil in foster care to serve as the pupil's educational rights
holder.
(C) Recruiting volunteer educational rights holders to be used
only after the county child welfare agency, county probation
department, and juvenile court have taken every reasonable effort to
find a responsible adult familiar with the pupil in foster care to
serve as the pupil's educational rights holder.
(D) Training and building the capacity of biological parents,
foster parents, and all other educational rights holders to support
educational success, including, but not limited to, the provision of
information related to requirements for postsecondary education
application, matriculation, enrollment, and financial aid.
(6) Collaborate with county child welfare agencies, county
probation departments, and local educational agencies to facilitate
information sharing, to the extent possible. This includes, but is
not limited to:
(A) Collaborating with county child welfare agencies and county
probation departments to develop, monitor, and regularly update the
education portion of child welfare and probation case plans.
(B) Providing education related information to the county child
welfare agency to assist the county child welfare agency in
delivering services to foster children, including, but not limited
to, education status and progress information required to be included
in court reports.
(C) Responding to requests from the juvenile court for information
and working with the juvenile court to ensure the coordination and
delivery of necessary educational services.
(D) Establishing a mechanism for the efficient and expeditious
transfer of health and education records, and the health and
education passport.
(7) Support interagency efforts to improve the educational
outcomes of pupils in foster care, to the extent possible. This
includes, but is not limited to:
(A) Collaborating with county child welfare agencies, county
probation departments, and local educational agencies to gather and
analyze aggregate information on the educational challenges and
outcomes of pupils in foster care.
(B) Facilitating communication and collaboration between local
educational agencies and county agencies, including, but not limited
to, the county child welfare agencies, county probation departments,
county mental health agencies, and courts within a county.
(C) Providing training and technical assistance to local
educational agencies, governing boards of school districts, county
child welfare agencies, county probation departments, and county
mental health agencies.
(D) Collaborate with local colleges and universities to facilitate
a seamless transition from secondary to postsecondary educational
institutions, and provide pupils in foster care currently enrolled in
high school with assistance with college application, matriculation,
and financial aid applications.
(f) Each foster youth services program operated pursuant to this
chapter shall work with their county office of education to ensure
the implementation of subdivision (c) of Section 52060 and
subdivision (c) of Section 52066 for pupils in foster care. In doing
so, the foster youth services programs may consider, but are not
limited to, the following in their support of local educational
agencies in developing and implementing the specific actions and
strategies to support the educational achievement of pupils in foster
care:
(1) Ensuring that the local educational agency has the necessary
infrastructure to support the educational success of pupils in foster
care, which may include, but is not limited to, local policies,
practices, and agreements.
(2) Providing the local educational agency's foster youth liaison
with additional resources to increase the liaison's capacity to
execute his or her responsibilities.
(3) Maintaining information on educational programs, supports, and
services provided by the local educational agency, including, but
not limited to, linked learning and career pathways programs,
credit-recovery classes, after school classes, school tutoring
resources, California High School Exit Examination tutoring
resources, other remediation services, school social worker
counseling, school-based mental health services, in-school
therapeutic services, summer enrichment opportunities, support
services offered to lesbian, gay, bisexual, transgender, and gender
nonconforming youth, college planning, and financial aid workshops
and counseling.
(4) Regularly assessing the educational strengths and needs of
pupils in foster care.
(5) Developing, monitoring, and regularly updating education plans
for a pupil in foster care that lists the strengths and needs, goals
and objectives, and the programs, supports, and services the pupil
in foster care will receive.
(6) Ensuring that each pupil in foster care receives the programs,
supports, or services needed by the pupil to succeed academically.
(7) Monitoring the educational progress of a pupil in foster care
and notifying the appropriate education support team of
significant changes.
(2) (A) If the county child welfare agency, county probation
department, or local educational agency certifies in writing pursuant
to subparagraph (B) that it is unable, using any other state,
federal, local, or private funds, to provide tutoring, mentoring,
counseling, transition, school-based social work, or emancipation
services, and if those services are established as needed and
identified by the appropriate local educational agency, in
collaboration with the county child welfare agency and county
probation department, where applicable, a description of how foster
youth pupils will receive those services.
(B) If the county child welfare agency, county probation
department, or local educational agency determines that it is unable
to provide the services listed in subparagraph (A), it must annually
certify in writing to the applicable foster youth services
coordinating program and to the department the reasons why it is
unable to provide the services. In doing so, it must identify all
other state, local, federal, or private funds available for use for
those purposes, and the reasons why each is unavailable for support
of those services.
(C) It is the intent of the Legislature that local educational
agencies include information provided in subparagraph (D) in their
local control and accountability plans when describing their services
for foster youth pupils as required pursuant to paragraph (10) of
subdivision (d) of Section 52066.
(D) It is the intent of the Legislature that county offices of
education, in the development and adoption of their local control and
accountability plans, include information specific to the transition
requirement established pursuant to subdivision (b) of Section
42920.5 when describing the coordination of services for foster youth
pupils required pursuant to paragraph (10) of subdivision (d) of
Section 52066.
(3) (A) Policies and procedures to ensure educational placement
for a foster youth pupil is not delayed, including, but not limited
to, facilitating the establishment of an individualized education
plan in accordance with the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.), if applicable, the
transfer of records, transcripts, and other relevant educational
information.
(B) The plan shall also describe how the program will facilitate
coordination with local postsecondary educational institutions,
including, but not limited to, the California Community Colleges, the
California State University, and the University of California, to
ensure foster youth pupils meet admission requirements and access
programs that support their matriculation needs.
(4) Policies and procedures for local educational agencies, county
welfare agencies, and county probation departments to share all
relevant educational information for foster youth to ensure the court
has updated and accurate information as it makes decisions regarding
foster youths.
(f) When developing the plan required pursuant to this section,
the county office of education, or the consortium of county offices
of education, shall consider the needs of specific age groups, pupils
in foster care in specific geographic areas with the highest
concentration of pupils in foster care, and pupils in foster care
with the greatest academic need. A foster youth services coordinating
program is encouraged to first provide services for pupils in foster
care who reside in group homes, institutional settings, or other
placements with pupils with high academic needs, as determined by the
local Executive Advisory Council.
(g) (1) Each foster youth services
coordinating program operated pursuant to this chapter shall
establish a local interagency Executive Advisory Council.
(1)
(2) The Executive Advisory Council shall include
representatives from the county child welfare agency, the county
probation department, local educational agencies, local postsecondary
educational institutions, and community organizations. If possible,
the Executive Advisory Council may include, but is not limited to,
foster youth, caregivers, educational rights holders, dependency
attorneys, court representatives, court-appointed special advocates,
and other interested stakeholders.
(2)
(3) The foster youth educational services coordinator
shall be a permanent member of the Executive Advisory Council.
(3)
(4) The Executive Advisory Council shall regularly
review the recommendations to the foster youth services plan required
pursuant to subdivision (e). In the event of a disagreement, the
foster youth educational services coordinator or a member of the
council may ask the State Foster Youth Services
Coordinator Superintendent to mediate a
solution.
SEC. 5. Section 42922 of the Education Code is
amended to read:
42922. (a) A county office of education that provides educational
support for pupils in foster care pursuant to Section 42921 shall
receive funding in any fiscal year for that support only by such sums
as may be specifically appropriated by the annual Budget Act of the
Legislature for that fiscal year for support of the foster youth
services programs that provide pupils in foster care with
supplemental educational support.
(b) The Legislature may appropriate moneys from the General Fund
for this purpose, or, if sufficient funds are available, from the
Foster Children and Parent Training Fund pursuant to the provisions
of Section 903.7 of the Welfare and Institutions Code.
SEC. 5. Section 42922 of the Education
Code is repealed.
42922. Any school district which provides educational services
for foster children pursuant to Section 42921 shall receive funding
in any fiscal year for those services only by such sums as may be
specifically appropriated by the annual Budget Act of the Legislature
for that fiscal year for support of those school-centered foster
children services which provide program effectiveness and potential
cost savings to the state.
The Legislature may appropriate moneys from the General Fund for
this purpose, or, if sufficient funds are available, from the Foster
Children and Parent Training Fund pursuant to the provisions of
Section 903.7 of the Welfare and Institutions Code.
SEC. 6. Section 42923 of the Education Code is amended to read:
42923. (a) Each county office of education and consortium of
county offices of education providing a foster
youth services coordinating program pursuant to this
chapter shall, by January 1 of each even-numbered year, report to the
Superintendent any information as may be required by the
Superintendent and as accessible to the foster youth
services program Foster Youth Services Coordinating
Program for purposes of subdivision (b).
(b) The Superintendent shall, by February 15 of each even-numbered
year, report to the appropriate policy and fiscal committees of
the Legislature and the Governor on the foster youth
services programs. Foster Youth Services Coordinating
Program. The report shall be prepared with the advice
and assistance of providers of foster youth services and shall
include, but not be limited to, the following:
(1) Recommendations regarding the effectiveness and
continuation of the foster youth services programs.
Foster Youth Coordinating Program.
(2) Recommendations regarding the effectiveness of the foster
youth services programs, unless program effectiveness is assessed in
another report covering the same time period.
(3) Recommendations regarding the broadening of the application of
those services and any changes to foster youth services programs
that would make them more effective.
(4) Aggregate educational
(2) (A)
To the extent possible, aggregate educational outcome data
for each county in which there were at least 15 pupils in foster
care who attended school in the county, with information on each of
the following indicators:
(A)
(i) The number of pupils in foster care who attended
school in the county.
(B)
(ii) The academic achievement of the pupils in foster
care who attended school in the county.
county, as determined by quantitative and qualitative data currently
collected by program participants.
(C)
(iii) The number of pupils in foster care who were
suspended or expelled.
(D)
(iv) The number of pupils in foster care who were
placed in a juvenile hall, camp, ranch, or other county-operated
juvenile detention facility because of an incident of juvenile
delinquency.
(E)
(v) The truancy rates, attendance rates, and dropout
rates for pupils in foster care.
(F) (i) The
(vi) (I) The
number of pupils in foster care participating in foster youth
services coordinating programs pursuant to this chapter
who successfully transition to postsecondary education.
(ii)
(II) The department shall collaborate with the
Chancellor of the California Community Colleges and the Chancellor of
the California State University to identify indicators that can be
used to track access to postsecondary education for pupils in foster
care participating in a foster youth services coordinating
program pursuant to this chapter.
(5) Whenever possible, the data in the report shall be the same
data that is used by the Superintendent in determining the Academic
Performance Index or in developing the report required pursuant to
Section 49085.
(6)
(B) In meeting the requirement of this section, the Superintendent
shall utilize data, where appropriate, reported pursuant to Section
49085.
(3) A discussion of the meaning and implications of the
indicators contained in paragraph (4). (2).
(4) Information about how the program has supported the
development and implementation of new local educational agency and
county agency policies, practices, and programs aimed at improving
the educational outcomes of pupils in foster care.
(5) Information about how the program has improved coordination of
services between local educational agencies and county agencies,
including the types of services provided to pupils in foster care.
SEC. 7. Section 42924 of the Education Code is amended to read:
42924. (a) The Foster Youth Services Coordinating Program
shall not be operative unless funding is provided for this purpose in
the annual Budget Act or another enacted statute.
(b) Any funds allocated to county offices of
education or consortia of county offices of education for
foster youth services coordinating programs pursuant to
Section 42922 42921 shall be used only
for foster youth services coordinating programs and any
funds not used by school districts or county offices of
education local educational agencies for those
services shall revert to the state General Fund.
SEC. 8. Section 42925 of the Education Code is repealed.
SEC. 9. Section 42925 is added to the Education Code, to read:
42925. (a) Each county office of education and consortium of
county offices of education with a foster youth services
coordinating program operated pursuant to this chapter shall,
to the extent possible, develop and enter into a memorandum of
understanding, contract, or formal agreement with the county child
welfare agency pursuant to which foster youth services
coordinating program funds shall be used, to the maximum extent
possible, to leverage funds received pursuant to Title IV-E of the
federal Social Security Act (42 U.S.C. Sec. 670 et seq.) and any
other funds that may be used to specifically address the educational
needs of pupils in foster care, or they shall explain in writing,
annually, why a memorandum of understanding is not practical or
feasible.
(b) To the extent possible, each foster youth services
coordinating program is encouraged to consider leveraging other
local funding opportunities to support the educational success of
pupils in foster care.
SEC. 10. Section 42926 is added to the Education Code, to read:
42926. (a) The Superintendent shall identify a State
administer the Foster Youth Services
Coordinator within the department who Coordinating
Program and shall be responsible for all of the following:
(1) Monitoring implementation of this chapter.
(2) Facilitating the data sharing and reporting described
in Section 49085. necessary to meet the requirements
of Section 42923.
(3) Representing the department in policy and interagency
workgroups related to the educational success of pupils in foster
care, that may include, but is not limited to, collaborating with
child welfare, probation, and judicial agencies.
(4) Overseeing the technical assistance described in Section
42927.
(5) Providing technical support and mediation to foster youth
services programs and their oversight boards.
(6) Review a
(3) Ensure a county office of
education's local control and accountability plan as it
relates to foster youth. addresses the needs of foster
youth, as required pu rsuant to paragraph (10) of
subdivision (d) of Section 52066.
(b) The State Foster Youth Services Coordinator may form an
advisory committee to provide consultation to the State Foster Youth
Services Coordinator in regards to the responsibilities described in
subdivision (a).
(b) The Superintendent may use up to 5 percent of funding
allocated for the Foster Services Coordinating Program to contract
with a local educational agency to administer the program established
pursuant to this chapter, including, but not limited, to providing
technical assistance to county offices of education, or consortia of
county offices of education, as they implement this program.
SEC. 11. Section 42927 is added to the
Education Code, to read:
42927. (a) The Superintendent may provide funding to one or more
local educational agencies to work with the State Foster Youth
Services Coordinator to provide statewide technical support to ensure
educational, child welfare, and judicial agencies receive the
technical support needed to improve the educational success of pupils
in foster care.
(b) Technical assistance may include, but is not limited to, the
following areas:
(1) State and local data sharing, and appropriate use of shared
data.
(2) Improving county office of education foster youth services
programs.
(3) Assisting local educational agencies to develop and implement
specific actions and to increase the academic performance of pupils
in foster care, as required by subdivision (c) of Section 52060.
(4) Policy and legal guidance specific to pupils in foster care.
(c) Funding for the technical assistance described in this section
may come from the foster youth services budget appropriated by the
annual Budget Act, as determined by the Superintendent, but shall be
no more than 5 percent of the foster youth services budget allocation
for the applicable fiscal year. The remainder of the foster youth
services budget shall be apportioned to county offices of education
operating foster youth services programs in accordance with Section
42921.
SEC. 11. 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.