California A.B. 1909

California A.B. 1909

Foster Children (Including Pupils with Disabilities), and Disciplinary Issues

From bill summary: Requires each local education agency (LEA)'s educational liaison for foster children, if so designated by the LEA superintendent, to notify the attorney and the appropriate representative of the county child welfare agency for a foster child who may be suspended or expelled of (1) pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, (2) pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act, and, (3) if the foster child is an individual with exceptional needs, pending manifestation determinations. Authorizes the foster child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's school district when the child has been placed outside of the county of jurisdiction for the child.

Requires a superintendent or his/her designee, before determining whether a suspended foster child's presence at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process, to invite the pupil's attorney and the appropriate representative of the county child welfare agency to a meeting with the pupil's parent or guardian (a meeting required of all students before granting an extension of a student's suspension).

If an LEA has proposed a foster child with exceptional needs's change of placement due to an act for which a decision to recommend expulsion is at the principal or superintendent's discretion, requires the child's attorney and the appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination. Authorizes that invitation to be made using the most cost-effective method possible.

Requires a district governing board, if a decision to recommend expulsion of a foster child is a discretionary act, to provide notice of the hearing prior to the expulsion to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes a district governing board, if a recommendation of expulsion of a foster child is required, to provide the notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes these notices to be made using the most cost-effective method possible.

Existing law requires a juvenile court to hold a detention hearing to determine whether a minor should be further detained when a minor has been taken into custody pursuant to specified provisions. This bill, at least once every year and if the list of educational liaisons is available on the state department of education website, (A) requires counsel appointed for a child who has been taken into custody and who is not represented by counsel, to provide his/her contact information to the educational liaison of each LEA serving counsel's foster child clients in the county of jurisdiction, and (B) if counsel is part of a firm or organization, authorizes the firm or organization to provide its contact information in lieu of contact information for the individual counsel. Authorizes the child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's LEA.

Authorizes a foster child's health and education records summary (which is required to be included in every foster child's case plan) to include the name and contact information for the educational liaison at the child's LEA.

Incorporates additional changes in Section 48853.5 of the Education Code, proposed by SB 1568 (http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1551-1600/sb_1568_bill_20120926_chaptered.pdf_, to be operative only if SB 1568 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. Also incorporates changes in Sections 317 and 16010 of the Welfare and Institutions Code, proposed by AB 1712 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1712_bill_20120911_enrolled.pdf), to be operative only if AB 1712 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1901-1950/ab_1909_bill_20120930_chaptered.pdf

Source:
www.leginfo.ca.gov

Status: Signed into law Status Date: 09/30/2012

California A.B. 1909
Foster Children (Including Pupils with Disabilities), and Disciplinary Issues
From bill summary: Requires each local education agency (LEA)'s educational liaison for foster children, if so designated by the LEA superintendent, to notify the attorney and the appropriate representative of the county child welfare agency for a foster child who may be suspended or expelled of (1) pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, (2) pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act, and, (3) if the foster child is an individual with exceptional needs, pending manifestation determinations. Authorizes the foster child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's school district when the child has been placed outside of the county of jurisdiction for the child. Requires a superintendent or his/her designee, before determining whether a suspended foster child's presence at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process, to invite the pupil's attorney and the appropriate representative of the county child welfare agency to a meeting with the pupil's parent or guardian (a meeting required of all students before granting an extension of a student's suspension). If an LEA has proposed a foster child with exceptional needs's change of placement due to an act for which a decision to recommend expulsion is at the principal or superintendent's discretion, requires the child's attorney and the appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination. Authorizes that invitation to be made using the most cost-effective method possible. Requires a district governing board, if a decision to recommend expulsion of a foster child is a discretionary act, to provide notice of the hearing prior to the expulsion to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes a district governing board, if a recommendation of expulsion of a foster child is required, to provide the notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes these notices to be made using the most cost-effective method possible. Existing law requires a juvenile court to hold a detention hearing to determine whether a minor should be further detained when a minor has been taken into custody pursuant to specified provisions. This bill, at least once every year and if the list of educational liaisons is available on the state department of education website, (A) requires counsel appointed for a child who has been taken into custody and who is not represented by counsel, to provide his/her contact information to the educational liaison of each LEA serving counsel's foster child clients in the county of jurisdiction, and (B) if counsel is part of a firm or organization, authorizes the firm or organization to provide its contact information in lieu of contact information for the individual counsel. Authorizes the child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's LEA. Authorizes a foster child's health and education records summary (which is required to be included in every foster child's case plan) to include the name and contact information for the educational liaison at the child's LEA. Incorporates additional changes in Section 48853.5 of the Education Code, proposed by SB 1568 (http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1551-1600/sb_1568_bill_20120926_chaptered.pdf_, to be operative only if SB 1568 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. Also incorporates changes in Sections 317 and 16010 of the Welfare and Institutions Code, proposed by AB 1712 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1712_bill_20120911_enrolled.pdf), to be operative only if AB 1712 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1901-1950/ab_1909_bill_20120930_chaptered.pdf
Source: www.leginfo.ca.gov
Status: Signed into law	Status Date: 09/30/2012