AB 2137: Homeless and foster youth.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-22
Current Status:
Passed
(2024-09-22: Chaptered by Secretary of State - Chapter 382, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, 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 a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling services to a foster youth pupil, if a foster youth educational services coordinator determines, as specified, that the foster youth services coordinator is unable to secure those services provided by the foster youth pupils school district and if those services are established as needed and identified by the foster youth educational services coordinator.
This bill would incorporate additional changes to Section 42921 of the Education Code proposed by AB 3223 to be operative only if this bill and AB 3223 are enacted and this bill is enacted last.
Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, 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 a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling services to a foster youth pupil, if a foster youth educational services coordinator determines, as specified, that the foster youth services coordinator is unable to secure those services provided by the foster youth pupils school district and if those services are established as needed and identified by the foster youth educational services coordinator.
This bill would incorporate additional changes to Section 42921 of the Education Code proposed by AB 3223 to be operative only if this bill and AB 3223 are enacted and this bill is enacted last.
Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, 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 a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling services to a foster youth pupil, if a foster youth educational services coordinator determines, as specified, that the foster youth services coordinator is unable to secure those services provided by the foster youth pupils school district and if those services are established as needed and identified by the foster youth educational services coordinator.
(2)Existing law requires the governing board of each school district and each county board of education to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district or county board of education considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district or county superintendent of schools present the local control and accountability plan or annual update to the plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.This bill would also require, before a governing board of school district or county board of education considers adoption of the local control and accountability plan or annual update to the plan, that the superintendent of the school district or county superintendent of schools consult with its homeless liaison designated under federal law and its designated foster youth liaison to develop actions to address the requirements established by the bill as described in paragraph (3) below. To the extent that these provisions would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program.(3)Existing law requires the State Board of Education to adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for use by school districts, county offices of education, and charter schools. Existing law requires the template adopted by the state board to require the inclusion of certain information, including, among other things, instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the plan, as specified. Existing law requires these instructions to specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard, as provided.This bill would require these instructions developed by the state board to require, beginning with the 202526 school year, school districts, county offices of education, and charter schools to include in the local control and accountability plan, if the number of homeless pupils identified is less than 10% of the number of pupils identified as eligible for free or reduced price meals, as specified, a description of how the school district, county office of education, or charter school has implemented or intends to implement certain provisions regarding identification of homeless children and youths and unaccompanied youths. The bill would require the instructions to also require, beginning with the 202526 school year, that school districts, county offices of education, and charter schools that had homeless pupils or foster pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, develop, in consultation with, for homeless pupils, its homeless liaison designated under federal law, and, for foster pupils, its designated foster youth liaison, specific actions in the plan to address those circumstances, as provided. To the extent that implementation of the instructions developed by the state board pursuant to these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.(4)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 the statutory provisions noted above.This bill would incorporate additional changes to Section 42921 of the Education Code proposed by AB 3223 to be operative only if this bill and AB 3223 are enacted and this bill is enacted last.
(1)Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, 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 a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling services to a foster youth pupil, if a foster youth educational services coordinator determines, as specified, that the foster youth services coordinator is unable to secure those services provided by the foster youth pupils school district and if those services are established as needed and identified by the foster youth educational services coordinator.
(2)Existing law requires the governing body of a school district, county office of education, or charter school to confirm that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a specified form for purposes of the California Dream Act, as provided. If a school district, county office of education, or charter school determines that pupil is unable to complete and submit a Free Application for Federal Student Aid, a form for purposes of the California Dream Act, or an opt-out form, existing law requires the local educational agency to exempt the pupil from these requirements and requires the local educational agency to complete and submit an opt-out form on the pupils behalf.This bill would require a school district, county office of education, or charter school to submit to the foster youth services coordinating program completed opt-out forms, no later than 14 calendar days following completion, whether received from the parent, guardian, or pupil or prepared on behalf of the pupil by the local educational agency, for pupils who are foster youth, as defined. To the extent that these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.(3)(2)Existing law requires the governing board of each school district and each county board of education to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district or county board of education considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district or county superintendent of schools present the local control and accountability plan or annual update to the plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.
This bill would also require, before a governing board of school district or county board of education considers adoption of the local control and accountability plan or annual update to the plan, that the superintendent of the school district or county superintendent of schools consult with its homeless liaison designated under federal law and its designated foster youth liaison to develop actions to address the requirements established by the bill as described in paragraph (4) (3) below. To the extent that these provisions would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program.
(4)(3)Existing law requires the State Board of Education to adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for use by school districts, county offices of education, and charter schools. Existing law requires the template adopted by the state board to require the inclusion of certain information, including, among other things, instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the plan, as specified. Existing law requires these instructions to specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard, as provided.
This bill would require these instructions developed by the state board to require, beginning with the 202526 school year, school districts, county offices of education, and charter schools to include in the local control and accountability plan, if the number of homeless pupils identified is less than 10% of the number of pupils identified as eligible for free or reduced price meals, as specified, a description of how the school district, county office of education, or charter school has implemented or intends to implement certain provisions regarding identification of homeless children and youths and unaccompanied youths. The bill would require the instructions to also require, beginning with the 202526 school year, that school districts, county offices of education, and charter schools that had homeless pupils or foster pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, develop, in consultation with, for homeless pupils, its homeless liaison designated under federal law, and, for foster pupils, its designated foster youth liaison, specific actions in the plan to address those circumstances, as provided. To the extent that implementation of the instructions developed by the state board pursuant to these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
(5)(4)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 the statutory provisions noted above.
(1)Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, 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 a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling services to a foster youth pupil, if a foster youth educational services coordinator determines, as specified, that the foster youth services coordinator is unable to secure those services provided by the foster youth pupils school district and if those services are established as needed and identified by the foster youth educational services coordinator.
(2)Existing law requires the governing body of a school district, county office of education, or charter school to confirm that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a specified form for purposes of the California Dream Act, as provided. If a school district, county office of education, or charter school determines that pupil is unable to complete and submit a Free Application for Federal Student Aid, a form for purposes of the California Dream Act, or an opt-out form, existing law requires the local educational agency to exempt the pupil from these requirements and requires the local educational agency to complete and submit an opt-out form on the pupils behalf.
This bill would require a school district, county office of education, or charter school to submit to the foster youth services coordinating program completed opt-out forms, no later than 14 calendar days following completion, whether received from the parent, guardian, or pupil or prepared on behalf of the pupil by the local educational agency, for pupils who are foster youth, as defined. To the extent that these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
(3)Existing law requires the governing board of each school district and each county board of education to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district or county board of education considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district or county superintendent of schools present the local control and accountability plan or annual update to the plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.
This bill would also require, before a governing board of school district or county board of education considers adoption of the local control accountability plan or annual update to the plan, that the superintendent of the school district or county superintendent of schools consult with its homeless liaison designated under federal law and its designated foster youth liaison to develop actions to address the requirements established by the bill as described in paragraph (4) below. To the extent that these provisions would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program.
(4)Existing law requires the State Board of Education to adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for use by school districts, county offices of education, and charter schools. Existing law requires the template adopted by the state board to require the inclusion of certain information, including, among other things, instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the plan, as specified. Existing law requires these instructions to specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard, as provided.
This bill would require these instructions developed by the state board to require, beginning with the 202526 school year, school districts, county offices of education, and charter schools to include in the local control and accountability plan, if the number of homeless pupils identified is less than 10% of the number of pupils identified as eligible for free or reduced price meals, as specified, a description of how the school district, county office of education, or charter school has implemented or intends to implement certain provisions regarding identification of homeless children and youths and unaccompanied youths. The bill would require the instructions to also require, beginning with the 202526 school year, that school districts, county offices of education, and charter schools that had homeless pupils or foster pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, to include in the plan specific actions, developed develop, in consultation with with, for homeless pupils, its homeless liaison designated under federal law, to address homeless pupils. and, for foster pupils, its designated foster youth liaison, specific actions in the plan to address those circumstances, as provided. To the extent that implementation of the instructions developed by the state board pursuant to these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
The(5)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 the statutory provisions noted above.
(1)Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, 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 a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling services to a foster youth pupil, in coordination with the pupils school, if a foster youth educational services coordinator determines that it is in the best interest of the pupil to do so. determines, as specified, that the foster youth services coordinator is unable to secure those services provided by the foster youth pupils school district and if those services are established as needed and identified by the foster youth educational services coordinator.
(2)Existing law requires the governing body of a school district, county office of education, or charter school to confirm that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a specified form for purposes of the California Dream Act, as provided. If a school district, county office of education, or charter school determines that pupil is unable to complete and submit a Free Application for Federal Student Aid, a form for purposes of the California Dream Act, or an opt-out form, existing law requires the local educational agency to exempt the pupil from these requirements and requires the local educational agency to complete and submit an opt-out form on the pupils behalf.
This bill would require a school district, county office of education, or charter school to submit to the foster youth services coordinating program completed opt-out forms, no later than 14 calendar days following completion, whether received from the parent, guardian, or pupil or prepared on behalf of the pupil by the local educational agency, for pupils who are foster youth, as defined. To the extent that these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
(3)Existing law requires the governing board of each school district and each county board of education to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district or county board of education considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district or county superintendent of schools present the local control and accountability plan or annual update to the plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.
This bill would also require, before a governing board of school district or county board of education considers adoption of the local control accountability plan or annual update to the plan, that the superintendent of the school district or county superintendent of schools consult with its homeless liaison designated under federal law to develop actions to address the requirements established by the bill as described in paragraph (4) below. To the extent that these provisions would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program.
(4)Existing law requires the State Board of Education to adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for use by school districts, county offices of education, and charter schools. Existing law requires the template adopted by the state board to require the inclusion of certain information, including, among other things, instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the plan, as specified. Existing law requires these instructions to specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard, as provided.
This bill would require these instructions developed by the state board to require, beginning with the 202526 school year, school districts, county offices of education, and charter schools to include in the local control and accountability plan, if the number of homeless pupils identified is less than 10% of the number of pupils identified as eligible for free or reduced price meals, as specified, a description of how the school district, county office of education, or charter school has implemented or intends to implement certain provisions regarding identification of homeless children and youths and unaccompanied youths. The bill would require the instructions to also require, beginning with the 202526 school year, school districts, county offices of education, and charter schools that had homeless pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, to include in the plan specific actions, developed in consultation with its homeless liaison designated under federal law, to address homeless pupils. To the extent that implementation of the instructions developed by the state board pursuant to these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
(1)Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, 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 a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling to a foster youth pupil, in coordination with the pupils school, if a foster youth educational services coordinator determines that it is in the best interest of the pupil to do so.
(2)Existing law requires the governing body of a school district, county office of education, or charter school to confirm that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a specified form for purposes of the California Dream Act, as provided. If the governing body of a school district, county office of education, or charter school determines that pupil is unable to complete and submit a Free Application for Federal Student Aid, a form for purposes of the California Dream Act, or an opt-out form, existing law requires the local educational agency to exempt the pupil from these requirements and requires the local educational agency to complete and submit an opt-out form on the pupils behalf.
This bill would require the governing body of a school district, county office of education, or charter school to submit to the foster youth services coordinating program completed opt-out forms, forms, no later than 14 calendar days following completion, whether received from the parent, guardian, or pupil or prepared on behalf of the pupil by the local educational agency, for pupils who are foster youth, as defined. To the extent that these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
(3)Existing law requires the governing board of each school district and each county board of education to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district or county board of education considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district or county superintendent of schools present the local control and accountability plan or annual update to the plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.
This bill would also require, before a governing board of school district or county board of education considers adoption of the local control accountability plan or annual update to the plan, that the superintendent of the school district or county superintendent of schools consult with its homeless liaison designated under federal law to develop actions to address the requirements established by the bill as described in paragraph (4) below. To the extent that these provisions would impose additional duties on school districts and county boards offices of education, the bill would impose a state-mandated local program.
(4)Existing law requires the State Board of Education to adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for use by school districts, county boards offices of education, and charter schools. Existing law requires the template adopted by the state board to require the inclusion of certain information, including, among other things, instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the plan, as specified. Existing law requires these instructions to specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard, as provided.
This bill would require these instructions developed by the state board to require require, beginning with the 202526 school year, school districts, county offices of education, and charter schools with at least 15 homeless pupils to include in the local control and accountability plan or annual update to the plan specific actions to facilitate the enrollment, attendance, participation, retention, and educational success of homeless pupils. The bill would require the instructions to also require school districts, county offices of education, and charter schools to include in the plan or update, plan, if the number of homeless pupils identified is less than 10% of the number of pupils identified as eligible for free or reduced price meals, as specified, strategies for ensuring the accurate identification of homeless pupils. a description of how the school district, county office of education, or charter school has implemented or intends to implement certain provisions regarding identification of homeless children and youths and unaccompanied youths. The bill would require the instructions to also require, beginning with the 202526 school year, school districts, county offices of education, and charter schools that had homeless pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control accountability plan, to include in the plan specific actions, developed in consultation with its homeless liaison designated under federal law, to address homeless pupils. To the extent that implementation of the instructions developed by the state board pursuant to these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
(1)Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, 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 a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling to a foster youth pupil, in coordination with the pupils school, if a foster youth educational services coordinator determines that it is in the best interest of the pupil to do so.
(2)Existing law requires the governing body of a school district, county office of education, or charter school to confirm that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a specified form for purposes of the California Dream Act, as provided. If the governing body of a school district, county office of education, or charter school determines that pupil is unable to complete and submit a Free Application for Federal Student Aid, a form for purposes of the California Dream Act, or an opt-out form, existing law requires the local educational agency to exempt the pupil from these requirements and requires the local educational agency to complete and submit an opt-out form on the pupils behalf.
This bill would require the governing body of a school district, county office of education, or charter school to submit to the foster youth services coordinating program completed opt-out forms, whether received from the parent, guardian, or pupil or prepared on behalf of the pupil by the local educational agency, for pupils who are foster youth, as defined. To the extent that these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
(3)Existing law requires the governing board of each school district and each county board of education to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district or county board of education considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district or county superintendent of schools present the local control and accountability plan or annual update to the plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.
This bill would also require, before a governing board of school district or county board of education considers adoption of the local control accountability plan or annual update to the plan, that the superintendent of the school district or county superintendent of schools consult with its homeless liaison designated under federal law to develop actions to address the requirements established by the bill as described in paragraph (4) below. To the extent that these provisions would impose additional duties on school districts and county boards of education, the bill would impose a state-mandated local program.
(4)Existing law requires the State Board of Education to adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for use by school districts, county boards of education, and charter schools. Existing law requires the template adopted by the state board to require the inclusion of certain information, including, among other things, instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the plan, as specified.
This bill would require these instructions developed by the state board to require school districts, county offices of education, and charter schools with at least 15 homeless pupils to include in the local control and accountability plan or annual update to the plan specific actions to facilitate the enrollment, attendance, participation, retention, and educational success of homeless pupils. The bill would require the instructions to also require school districts, county offices of education, and charter schools to include in the plan or update, if the number of homeless pupils identified is less than 10% of the number of pupils identified as eligible for free or reduced price meals, as specified, strategies for ensuring the accurate identification of homeless pupils. To the extent that implementation of the instructions developed by the state board pursuant to these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
(a)A county office of education, or a consortium of county offices of education, may 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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 subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 1.5.Section 42921 of the Education Code is amended to read:42921.(a)A county office of education, or a consortium of county offices of education, may 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, a foster child who is detained in a county-operated juvenile detention facility, or a child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and has been identified by a county child welfare agency, probation department, or Indian tribe that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code as being at imminent risk of removal and placement into foster care.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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 subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 42921 of the Education Code proposed by both this bill and Assembly Bill 3223. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42921 of the Education Code, and (3) this bill is enacted after Assembly Bill 3223, in which case Section 1 of this bill shall not become operative.
(a)A county office of education, or a consortium of county offices of education, may 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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 subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 1.5.Section 42921 of the Education Code is amended to read:42921.(a)A county office of education, or a consortium of county offices of education, may 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, a foster child who is detained in a county-operated juvenile detention facility, or a child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and has been identified by a county child welfare agency, probation department, or Indian tribe that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code as being at imminent risk of removal and placement into foster care.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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 subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 42921 of the Education Code proposed by both this bill and Assembly Bill 3223. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42921 of the Education Code, and (3) this bill is enacted after Assembly Bill 3223, in which case Section 1 of this bill shall not become operative.
(a)A county office of education, or a consortium of county offices of education, may 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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 subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 1.5.Section 42921 of the Education Code is amended to read:42921.(a)A county office of education, or a 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility. facility, or a child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and has been identified by a county child welfare agency, probation department, or Indian tribe that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code as being at imminent risk of removal and placement into foster care.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments, departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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. subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a school district annually certifies in writing to foster youth educational services coordinator annually determines that the foster youth services coordinating program that it is unable, coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to provide secure tutoring, mentoring, and counseling, counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the appropriate school district, in collaboration with the county child welfare agency or county probation department, the school district may enter into a temporary agreement with the foster youth educational services coordinator, the foster youth services coordinating program to may provide those services. services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 42921 of the Education Code proposed by both this bill and Assembly Bill 3223. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 42921 of the Education Code, and (3) this bill is enacted after Assembly Bill 3223, in which case Section 1 of this bill shall not become operative.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 11, 2024. (JR11)(a)A county office of education, or a consortium of county offices of education, may 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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 subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 2.Section 51225.7 of the Education Code is amended to read:51225.7.(a)For purposes of this section, the following definitions apply:(1)Foster youth has the same meaning as defined in Section 42238.01 and includes a foster child who is detained in a county-operated juvenile detention facility.(2)Local educational agency means a school district, county office of education, or charter school.(3)Opt-out form means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupils behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason.(4)Outreach program means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following:(A)Assisting pupils with financial aid application completion.(B)Serving pupils who are eligible to submit a California Dream Act Application.(5)Pupil means a pupil in grade 12 attending a high school maintained by a local educational agency.(b)Commencing with the 202223 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following:(1)The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid.(2)If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act.(c)The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h).(d)If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupils parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c). If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit an opt-out form on the pupils behalf. For pupils who are foster youth, the local educational agency shall submit a copy of these opt-out forms and of those forms submitted pursuant to subdivision (c) to the foster youth services coordinating program established pursuant to Section 42921 no later than 14 calendar days following the date that the opt-out form is completed.(e)The governing board or body of the local educational agency shall ensure both of the following:(1)The local educational agency directs each high school pupil and, if applicable, the pupils parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.(2)Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any persons immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe.(f)On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner:(1)The department shall share the current school years roster of pupils with the Student Aid Commission.(2)The Student Aid Commission shall match the data described in paragraph (1) with a pupils application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act.(3)The Student Aid Commission shall provide the California College Guidance Initiative, described in Section 10861, with the discrete data necessary to inform the educator reports available through www.californiacolleges.edu so that educators can ensure that each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act Application.(g)It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data matching required by paragraph (2) of subdivision (f) be linked through, and conducted in accordance with the privacy requirements of, the California Cradle-to-Career Data System, to avoid a duplicative data matching requirement and to ensure data privacy.(h)The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website.(i)A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupils ability to graduate.SEC. 3.SEC. 2.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The superintendent of the school district shall consult with its homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraphs (6) and (7) of subdivision (e) of Section 52064.
(7)The superintendent of the school district shall consult with its foster youth liaison designated pursuant to subdivision (c) of Section 48853.5 to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (7) of subdivision (e) of Section 52064.
(8)(A)The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district.
(B)The report shall include both of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 4.SEC. 3.Section 52064 of the Education Code is amended to read:52064.(a)On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes:
(1)For use by school districts to meet the requirements of Sections 52060 to 52063, inclusive.
(2)For use by county superintendents of schools to meet the requirements of Sections 52066 to 52069, inclusive.
(3)For use by charter schools to meet the requirements of Section 47606.5.
(b)On or before January 31, 2022, the template adopted by the state board shall require the inclusion of all of the following information:
(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, subdivision (d) of Section 52060, or subdivision (d) of Section 52066, as applicable, and for any additional local priorities identified by the governing board of the school district, the county board of education, or in the charter school petition. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in subdivision (a) of Section 52052.
(2)A description of the specific actions that the school district, county office of education, or charter school will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including actions to implement work related to technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5. The specific actions shall not supersede the provisions of existing local collective bargaining agreements, if any, within the jurisdiction of the school district, county office of education, or charter school.
(3)One or more summary tables listing and describing the budgeted expenditures for the ensuing fiscal year implementing each specific action included in the local control and accountability plan, including expenditures and specific actions for the ensuing fiscal year that will serve unduplicated pupils, as defined in Section 42238.02, including long-term English learners, and pupils redesignated as fluent English proficient. The summary table or tables shall include both of the following:
(A)The total overall expenditures for all specific actions included in the local control and accountability plan, broken down by personnel and nonpersonnel expenditures.
(B)The subtotals of expenditures for each specific action included in the local control and accountability plan broken down into the following categories:
(i)Funds apportioned under the local control funding formula pursuant to Section 42238.02.
(ii)All other state funds.
(iii)All local funds.
(iv)All federal funds.
(4)One or more summary tables listing and describing all of the specific actions and budgeted expenditures in paragraph (3) that contribute to the demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, grouped as follows:
(A)Specific actions and budgeted expenditures provided to all pupils on a districtwide, countywide, or charterwide basis.
(B)Specific actions and budgeted expenditures that are targeted only to one or more unduplicated pupil subgroups. For these specific actions, the description shall specify the unduplicated pupil subgroup or subgroups that are targeted by each specific action and, if not provided at all schools, the school or schools where the specific action is provided.
(C)Only for school districts and county offices of education that operate more than one schoolsite, specific actions and budgeted expenditures provided to all pupils on a schoolwide basis, but only at schools serving certain grade spans or only at one or more schools. For these specific actions, the description shall specify the school or schools at which the specific action is provided.
(5)An estimate of the funds to be apportioned in the ensuing fiscal year on the basis of the number and concentration of unduplicated pupils and calculation of the percent the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(6)(A)A demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in the ensuing fiscal year in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(B)As part of the demonstration required by subparagraph (A), the summary tables required by paragraph (4) shall demonstrate both of the following:
(i)That the full proportionality obligation referenced in paragraph (1) of subdivision (a) of Section 42238.07 is being met annually through the listed actions and services.
(ii)Each actions quantitative contribution toward the proportionality obligation as expenditures or its qualitative contribution as a percentage of increased or improved services for unduplicated pupils over and above the level of services provided to all pupils, consistent with the regulations adopted by the state board pursuant to Section 42238.07.
(7)A review of the progress toward the goals included in the existing local control and accountability plan, a review of any changes in the applicability of the goals, an assessment of the effectiveness, or lack thereof, of the specific actions described in the existing local control and accountability plan toward achieving the goals, a description of changes to the specific actions and related expenditures or quality improvements the school district, county office of education, or charter school will make as a result of the review and assessment, and an update on progress implementing the specific actions in the current fiscal year, including estimated actual expenditures for the specific actions and actual quality improvements.
(8)(A)The calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07.
(B)If applicable to the school district, county office of education, or charter school pursuant to subdivision (d) of Section 42238.07, a description of the specific actions and related expenditures to be implemented using the funds specified in that subdivision, including a demonstration that the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07.
(9)A plan summary that includes general information about the school district, county office of education, or charter school and highlights of the local control and accountability plan and annual update to the local control and accountability plan, including reflections on annual performance on the California School Dashboard authorized in Section 52064.5 and other local data and, as applicable, a summary of the work underway as part of technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5.
(10)A summary of the stakeholder engagement process, including stakeholders at schools generating funding pursuant to Section 42238.024, and how stakeholder engagement influenced the development of the adopted local control and accountability plan and annual update to the local control and accountability plan.
(11)For local educational agencies that receive concentration grant funding pursuant to Section 42238.02, a demonstration that the additional funding received as a result of the increased concentration grant add-on percent specified in subparagraph (B) of paragraph (1) of subdivision (f) of Section 42238.02 will be used to increase the number of credentialed staff, classified staff, or both of those, that provide direct services to pupils, including custodial staff, on school campuses with greater than 55-percent unduplicated pupil enrollment in the prior year as compared to the staff-to-pupil ratios at schools within the local educational agency with an unduplicated pupil enrollment in the prior year of 55 percent or less, if any.
(c)If possible, the templates identified in paragraph (2) of subdivision (a) for use by county superintendents of schools shall allow a county superintendent of schools to develop a single local control and accountability plan that would also satisfy the requirements of Section 48926.
(d)(1)The template for the local control and accountability plan and annual update to the local control and accountability plan shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The state board shall include instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the local control and accountability plan consistent with the requirements of this section. The state board may include more technical language in the instructions.
(2)Except as provided in paragraph (3), the state board shall not require school districts, county offices of education, or charter schools to provide any information in addition to the information required pursuant to subdivision (b).
(3)The state board may require the inclusion of additional information in the template in order to meet requirements of federal law, including meeting the requirements of Section 300.600 of Title 34 of the Code of Federal Regulations.
(e)(1)The process of developing and annually updating the local control and accountability plan shall support school districts, county offices of education, and charter schools in comprehensive strategic planning, accountability, and improvement across the state priorities, particularly to address and reduce disparities in opportunities and outcomes between pupil groups indicated by the California School Dashboard, and any locally identified priorities through meaningful engagement with local stakeholders.
(2)In developing the template for the local control and accountability plan and annual update to the local control and accountability plan, the state board shall ensure that school districts, county offices of education, and charter schools track and report their progress annually on all state priorities, including the applicable metrics specified within each state priority and, for charter schools, in accordance with Section 47606.5.
(3)For each action and budgeted expenditure provided to all pupils on a districtwide, countywide, or charterwide basis pursuant to Section 42238.07, one or more specific metrics to monitor the intended outcome of that action and budgeted expenditure shall be identified.
(4)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools should prioritize the focus of the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan within one or more state priorities. The instructions shall further specify that school districts, county offices of education, and charter schools shall consider their performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5 in determining whether and how to prioritize the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan.
(5)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools that have a numerically significant English learner pupil subgroup shall include specific actions in the local control and accountability plan related to, at a minimum, the language acquisition programs, as defined in Section 306, provided to pupils and professional development activities specific to English learners, including long-term English learners.
(6)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify, beginning with local control and accountability plans for the 202526 school year, that school districts, county offices of education, and charter schools with a number of homeless pupils identified that is less than 10 percent of the number of pupils identified as eligible for free or reduced-price meals, as defined in Section 42238.01, for purposes of determining the local control funding formula allocation under the local control funding formula for the previous year, shall include a description of how the school district, county office of education, or charter school has implemented or intends to implement Section 48851.
(7)(A)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the local control and accountability plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard. The results of the California School Dashboard in the year preceding the adoption of the local control and accountability plan shall determine the instances of low performance that shall apply for the three-year period in which the local control and accountability plan is in effect pursuant to subdivision (b) of Section 52060 or subdivision (b) of Section 52066, as applicable.
(B)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall require, beginning with local control and accountability plans for the 202526 school year, that school districts, county offices of education, and charter schools that had homeless pupils or foster pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, develop any actions required by subparagraph (A), in consultation, for homeless pupils, with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, and, for foster pupils, with the foster youth liaison designated pursuant to subdivision (c) of Section 48853.5.
(8)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, local educational agencies receiving funding pursuant to Section 42238.024 shall include focused goals for each school generating funding pursuant to Section 42238.024. The focused goals shall address both of the following:
(A)All pupil groups that have the lowest performance level on one or more state indicators on the California School Dashboard pursuant to Section 52064.5.
(B)Any underlying issues in the credentialing, subject matter preparation, and retention of the schools educators, if applicable.
(9)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools shall change actions that have not proven effective over a three-year period. This shall include a description of changes that explain the reasons for lack of progress and how any changes to the action will result in a new or strengthened approach.
(f)(1)Except as provided in subdivision (g), the state board shall adopt the template pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may adopt emergency regulations for purposes of implementing this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(2)Notwithstanding paragraph (1), the state board may adopt or revise the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). When adopting the template pursuant to the requirements of the Bagley-Keene Open Meeting Act, the state board shall present the template at a regular meeting and may only take action to adopt the template at a subsequent regular meeting. This paragraph shall become inoperative on January 31, 2019.
(g)Notwithstanding subdivision (f), revisions of the template for the local control and accountability plan and annual update to the local control and accountability plan necessary to implement Assembly Bill 1808 and Assembly Bill 1840 of the 201718 Regular Session, legislation passed during the 201920 Regular Session, or Assembly Bill 130 of the 202122 Regular Session shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may make necessary revisions to the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(h)Revisions to a template shall be approved by the state board by January 31 before the fiscal year during which the template is to be used by a school district, county superintendent of schools, or charter school.
(i)In developing the template, the state board shall take steps to minimize duplication of effort at the local level to the greatest extent possible. The adoption of a template or evaluation rubric by the state board shall not create a requirement for a governing board of a school district, a county board of education, or a governing body of a charter school to submit a local control and accountability plan to the state board, unless otherwise required by federal law. The Superintendent shall not require a local control and accountability plan to be submitted by a governing board of a school district or the governing body of a charter school to the state board. The state board may adopt a template or evaluation rubric that would authorize a school district or a charter school to submit to the state board only the sections of the local control and accountability plan required by federal law.
(j)Notwithstanding any other law, the templates developed by the state board pursuant to this section, as it read on June 30, 2018, shall continue in effect until the state board adopts a new template pursuant to subdivision (b) on or before January 31, 2020, except that the state board may adopt revisions to those templates pursuant to subdivision (g) that are necessary to implement Assembly Bill 1808 of the 201718 Regular Session or meet federal requirements.
SEC. 5.SEC. 4.Section 52068 of the Education Code is amended to read:52068.(a)Before the county board of education considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to a parent advisory committee established pursuant to Section 52069 for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the parent advisory committee.
(2)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52069, if applicable, for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The county superintendent of schools shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a county superintendent of schools to produce printed notices or to send notices by mail. The county superintendent of schools shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The county superintendent of schools shall review school plans submitted pursuant to Section 64001 for schools operated by the county superintendent of schools and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The county superintendent of schools shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The county superintendent of schools shall consult with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraphs (6) and (7) of subdivision (e) of Section 52064.
(7)The county superintendent of schools shall consult with its foster youth liaison designated pursuant to subdivision (c) of Section 48853.5 to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (7) of subdivision (e) of Section 52064.
(8)(A)The county superintendent of schools shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year, at a regularly scheduled meeting of the county board of education.
(B)The report shall include all of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)The county board of education shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan, and any comments received pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by Section 1620.
(2)The county board of education shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the county board of education adopts a budget pursuant to Section 1622.
(c)A county superintendent of schools may develop and present to a county board of education for adoption revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The county board of education may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 6.SEC. 5.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.
(a)A county office of education, or a consortium of county offices of education, may 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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 subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 2.Section 51225.7 of the Education Code is amended to read:51225.7.(a)For purposes of this section, the following definitions apply:
(1)Foster youth has the same meaning as defined in Section 42238.01 and includes a foster child who is detained in a county-operated juvenile detention facility.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Opt-out form means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupils behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason.
(4)Outreach program means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following:
(A)Assisting pupils with financial aid application completion.
(B)Serving pupils who are eligible to submit a California Dream Act Application.
(5)Pupil means a pupil in grade 12 attending a high school maintained by a local educational agency.
(b)Commencing with the 202223 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following:
(1)The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid.
(2)If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(c)The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h).
(d)If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupils parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c). If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit an opt-out form on the pupils behalf. For pupils who are foster youth, the local educational agency shall submit a copy of these opt-out forms and of those forms submitted pursuant to subdivision (c) to the foster youth services coordinating program established pursuant to Section 42921 no later than 14 calendar days following the date that the opt-out form is completed.
(e)The governing board or body of the local educational agency shall ensure both of the following:
(1)The local educational agency directs each high school pupil and, if applicable, the pupils parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.
(2)Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any persons immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe.
(f)On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner:
(1)The department shall share the current school years roster of pupils with the Student Aid Commission.
(2)The Student Aid Commission shall match the data described in paragraph (1) with a pupils application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(3)The Student Aid Commission shall provide the California College Guidance Initiative, described in Section 10861, with the discrete data necessary to inform the educator reports available through www.californiacolleges.edu so that educators can ensure that each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act Application.
(g)It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data matching required by paragraph (2) of subdivision (f) be linked through, and conducted in accordance with the privacy requirements of, the California Cradle-to-Career Data System, to avoid a duplicative data matching requirement and to ensure data privacy.
(h)The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website.
(i)A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupils ability to graduate.
SEC. 3.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The superintendent of the school district shall consult with its homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph paragraphs (6) and (7) of subdivision (e) of Section 52064.
(7)The superintendent of the school district shall consult with its foster youth liaison designated pursuant to subdivision (c) of Section 48853.5 to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (7) of subdivision (e) of Section 52064.
(7)(8)(A)The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district.
(B)The report shall include both of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 4.Section 52064 of the Education Code is amended to read:52064.(a)On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes:
(1)For use by school districts to meet the requirements of Sections 52060 to 52063, inclusive.
(2)For use by county superintendents of schools to meet the requirements of Sections 52066 to 52069, inclusive.
(3)For use by charter schools to meet the requirements of Section 47606.5.
(b)On or before January 31, 2022, the template adopted by the state board shall require the inclusion of all of the following information:
(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, subdivision (d) of Section 52060, or subdivision (d) of Section 52066, as applicable, and for any additional local priorities identified by the governing board of the school district, the county board of education, or in the charter school petition. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in subdivision (a) of Section 52052.
(2)A description of the specific actions that the school district, county office of education, or charter school will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including actions to implement work related to technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5. The specific actions shall not supersede the provisions of existing local collective bargaining agreements, if any, within the jurisdiction of the school district, county office of education, or charter school.
(3)One or more summary tables listing and describing the budgeted expenditures for the ensuing fiscal year implementing each specific action included in the local control and accountability plan, including expenditures and specific actions for the ensuing fiscal year that will serve unduplicated pupils, as defined in Section 42238.02, including long-term English learners, and pupils redesignated as fluent English proficient. The summary table or tables shall include both of the following:
(A)The total overall expenditures for all specific actions included in the local control and accountability plan, broken down by personnel and nonpersonnel expenditures.
(B)The subtotals of expenditures for each specific action included in the local control and accountability plan broken down into the following categories:
(i)Funds apportioned under the local control funding formula pursuant to Section 42238.02.
(ii)All other state funds.
(iii)All local funds.
(iv)All federal funds.
(4)One or more summary tables listing and describing all of the specific actions and budgeted expenditures in paragraph (3) that contribute to the demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, grouped as follows:
(A)Specific actions and budgeted expenditures provided to all pupils on a districtwide, countywide, or charterwide basis.
(B)Specific actions and budgeted expenditures that are targeted only to one or more unduplicated pupil subgroups. For these specific actions, the description shall specify the unduplicated pupil subgroup or subgroups that are targeted by each specific action and, if not provided at all schools, the school or schools where the specific action is provided.
(C)Only for school districts and county offices of education that operate more than one schoolsite, specific actions and budgeted expenditures provided to all pupils on a schoolwide basis, but only at schools serving certain grade spans or only at one or more schools. For these specific actions, the description shall specify the school or schools at which the specific action is provided.
(5)An estimate of the funds to be apportioned in the ensuing fiscal year on the basis of the number and concentration of unduplicated pupils and calculation of the percent the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(6)(A)A demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in the ensuing fiscal year in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(B)As part of the demonstration required by subparagraph (A), the summary tables required by paragraph (4) shall demonstrate both of the following:
(i)That the full proportionality obligation referenced in paragraph (1) of subdivision (a) of Section 42238.07 is being met annually through the listed actions and services.
(ii)Each actions quantitative contribution toward the proportionality obligation as expenditures or its qualitative contribution as a percentage of increased or improved services for unduplicated pupils over and above the level of services provided to all pupils, consistent with the regulations adopted by the state board pursuant to Section 42238.07.
(7)A review of the progress toward the goals included in the existing local control and accountability plan, a review of any changes in the applicability of the goals, an assessment of the effectiveness, or lack thereof, of the specific actions described in the existing local control and accountability plan toward achieving the goals, a description of changes to the specific actions and related expenditures or quality improvements the school district, county office of education, or charter school will make as a result of the review and assessment, and an update on progress implementing the specific actions in the current fiscal year, including estimated actual expenditures for the specific actions and actual quality improvements.
(8)(A)The calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07.
(B)If applicable to the school district, county office of education, or charter school pursuant to subdivision (d) of Section 42238.07, a description of the specific actions and related expenditures to be implemented using the funds specified in that subdivision, including a demonstration that the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07.
(9)A plan summary that includes general information about the school district, county office of education, or charter school and highlights of the local control and accountability plan and annual update to the local control and accountability plan, including reflections on annual performance on the California School Dashboard authorized in Section 52064.5 and other local data and, as applicable, a summary of the work underway as part of technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5.
(10)A summary of the stakeholder engagement process, including stakeholders at schools generating funding pursuant to Section 42238.024, and how stakeholder engagement influenced the development of the adopted local control and accountability plan and annual update to the local control and accountability plan.
(11)For local educational agencies that receive concentration grant funding pursuant to Section 42238.02, a demonstration that the additional funding received as a result of the increased concentration grant add-on percent specified in subparagraph (B) of paragraph (1) of subdivision (f) of Section 42238.02 will be used to increase the number of credentialed staff, classified staff, or both of those, that provide direct services to pupils, including custodial staff, on school campuses with greater than 55-percent unduplicated pupil enrollment in the prior year as compared to the staff-to-pupil ratios at schools within the local educational agency with an unduplicated pupil enrollment in the prior year of 55 percent or less, if any.
(c)If possible, the templates identified in paragraph (2) of subdivision (a) for use by county superintendents of schools shall allow a county superintendent of schools to develop a single local control and accountability plan that would also satisfy the requirements of Section 48926.
(d)(1)The template for the local control and accountability plan and annual update to the local control and accountability plan shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The state board shall include instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the local control and accountability plan consistent with the requirements of this section. The state board may include more technical language in the instructions.
(2)Except as provided in paragraph (3), the state board shall not require school districts, county offices of education, or charter schools to provide any information in addition to the information required pursuant to subdivision (b).
(3)The state board may require the inclusion of additional information in the template in order to meet requirements of federal law, including meeting the requirements of Section 300.600 of Title 34 of the Code of Federal Regulations.
(e)(1)The process of developing and annually updating the local control and accountability plan shall support school districts, county offices of education, and charter schools in comprehensive strategic planning, accountability, and improvement across the state priorities, particularly to address and reduce disparities in opportunities and outcomes between pupil groups indicated by the California School Dashboard, and any locally identified priorities through meaningful engagement with local stakeholders.
(2)In developing the template for the local control and accountability plan and annual update to the local control and accountability plan, the state board shall ensure that school districts, county offices of education, and charter schools track and report their progress annually on all state priorities, including the applicable metrics specified within each state priority and, for charter schools, in accordance with Section 47606.5.
(3)For each action and budgeted expenditure provided to all pupils on a districtwide, countywide, or charterwide basis pursuant to Section 42238.07, one or more specific metrics to monitor the intended outcome of that action and budgeted expenditure shall be identified.
(4)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools should prioritize the focus of the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan within one or more state priorities. The instructions shall further specify that school districts, county offices of education, and charter schools shall consider their performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5 in determining whether and how to prioritize the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan.
(5)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools that have a numerically significant English learner pupil subgroup shall include specific actions in the local control and accountability plan related to, at a minimum, the language acquisition programs, as defined in Section 306, provided to pupils and professional development activities specific to English learners, including long-term English learners.
(6)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify, beginning with local control and accountability plans for the 202526 school year, that school districts, county offices of education, and charter schools with a number of homeless pupils identified that is less than 10 percent of the number of pupils identified as eligible for free or reduced-price meals, as defined in Section 42238.01, for purposes of determining the local control funding formula allocation under the local control funding formula for the previous year, shall include a description of how the school district, county office of education, or charter school has implemented or intends to implement Section 48851.
(7)(A)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the local control and accountability plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard. The results of the California School Dashboard in the year preceding the adoption of the local control and accountability plan shall determine the instances of low performance that shall apply for the three-year period in which the local control and accountability plan is in effect pursuant to subdivision (b) of Section 52060 or subdivision (b) of Section 52066, as applicable.
(B)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall require, beginning with local control and accountability plans for the 202526 school year, that school districts, county offices of education, and charter schools that had homeless pupils or foster pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, include specific actions, developed in consultation develop any actions required by subparagraph (A), in consultation, for homeless pupils, with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, to address homeless pupils. and, for foster pupils, with the foster youth liaison designated pursuant to subdivision (c) of Section 48853.5.
(8)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, local educational agencies receiving funding pursuant to Section 42238.024 shall include focused goals for each school generating funding pursuant to Section 42238.024. The focused goals shall address both of the following:
(A)All pupil groups that have the lowest performance level on one or more state indicators on the California School Dashboard pursuant to Section 52064.5.
(B)Any underlying issues in the credentialing, subject matter preparation, and retention of the schools educators, if applicable.
(9)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools shall change actions that have not proven effective over a three-year period. This shall include a description of changes that explain the reasons for lack of progress and how any changes to the action will result in a new or strengthened approach.
(f)(1)Except as provided in subdivision (g), the state board shall adopt the template pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may adopt emergency regulations for purposes of implementing this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(2)Notwithstanding paragraph (1), the state board may adopt or revise the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). When adopting the template pursuant to the requirements of the Bagley-Keene Open Meeting Act, the state board shall present the template at a regular meeting and may only take action to adopt the template at a subsequent regular meeting. This paragraph shall become inoperative on January 31, 2019.
(g)Notwithstanding subdivision (f), revisions of the template for the local control and accountability plan and annual update to the local control and accountability plan necessary to implement Assembly Bill 1808 and Assembly Bill 1840 of the 201718 Regular Session, legislation passed during the 201920 Regular Session, or Assembly Bill 130 of the 202122 Regular Session shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may make necessary revisions to the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(h)Revisions to a template shall be approved by the state board by January 31 before the fiscal year during which the template is to be used by a school district, county superintendent of schools, or charter school.
(i)In developing the template, the state board shall take steps to minimize duplication of effort at the local level to the greatest extent possible. The adoption of a template or evaluation rubric by the state board shall not create a requirement for a governing board of a school district, a county board of education, or a governing body of a charter school to submit a local control and accountability plan to the state board, unless otherwise required by federal law. The Superintendent shall not require a local control and accountability plan to be submitted by a governing board of a school district or the governing body of a charter school to the state board. The state board may adopt a template or evaluation rubric that would authorize a school district or a charter school to submit to the state board only the sections of the local control and accountability plan required by federal law.
(j)Notwithstanding any other law, the templates developed by the state board pursuant to this section, as it read on June 30, 2018, shall continue in effect until the state board adopts a new template pursuant to subdivision (b) on or before January 31, 2020, except that the state board may adopt revisions to those templates pursuant to subdivision (g) that are necessary to implement Assembly Bill 1808 of the 201718 Regular Session or meet federal requirements.
SEC. 5.Section 52068 of the Education Code is amended to read:52068.(a)Before the county board of education considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to a parent advisory committee established pursuant to Section 52069 for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the parent advisory committee.
(2)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52069, if applicable, for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The county superintendent of schools shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a county superintendent of schools to produce printed notices or to send notices by mail. The county superintendent of schools shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The county superintendent of schools shall review school plans submitted pursuant to Section 64001 for schools operated by the county superintendent of schools and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The county superintendent of schools shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The county superintendent of schools shall consult with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to determine appropriate and specific actions for homeless pupils to be included develop actions in the local control and accountability plan or annual update to the local control and accountability plan. plan to address the requirements in paragraphs (6) and (7) of subdivision (e) of Section 52064.
(7)The county superintendent of schools shall consult with its foster youth liaison designated pursuant to subdivision (c) of Section 48853.5 to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (7) of subdivision (e) of Section 52064.
(7)(8)(A)The county superintendent of schools shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year, at a regularly scheduled meeting of the county board of education.
(B)The report shall include all of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)The county board of education shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan, and any comments received pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by Section 1620.
(2)The county board of education shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the county board of education adopts a budget pursuant to Section 1622.
(c)A county superintendent of schools may develop and present to a county board of education for adoption revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The county board of education may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 6.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.
(a)A county office of education, or a consortium of county offices of education, may 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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 subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator determines that it is in the best interest of a foster youth pupil to do so, the foster youth services coordinating program may provide tutoring, mentoring, and counseling to the pupil. Any services provided by a foster youth services coordinating program pursuant to this subparagraph shall be coordinated with the pupils school. annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupils school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 2.Section 51225.7 of the Education Code is amended to read:51225.7.(a)For purposes of this section, the following definitions apply:
(1)Foster youth has the same meaning as defined in Section 42238.01 and includes a foster child who is detained in a county-operated juvenile detention facility.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Opt-out form means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupils behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason.
(4)Outreach program means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following:
(A)Assisting pupils with financial aid application completion.
(B)Serving pupils who are eligible to submit a California Dream Act Application.
(5)Pupil means a pupil in grade 12 attending a high school maintained by a local educational agency.
(b)Commencing with the 202223 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following:
(1)The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid.
(2)If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(c)The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h).
(d)If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupils parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c). If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit an opt-out form on the pupils behalf. For pupils who are foster youth, the local educational agency shall submit a copy of these opt-out forms and of those forms submitted pursuant to subdivision (c) to the foster youth services coordinating program established pursuant to Section 42921 no later than 14 calendar days following the date that the opt-out form is completed.
(e)The governing board or body of the local educational agency shall ensure both of the following:
(1)The local educational agency directs each high school pupil and, if applicable, the pupils parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.
(2)Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any persons immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe.
(f)On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner:
(1)The department shall share the current school years roster of pupils with the Student Aid Commission.
(2)The Student Aid Commission shall match the data described in paragraph (1) with a pupils application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(3)The Student Aid Commission shall provide the California College Guidance Initiative, described in Section 10861, with the discrete data necessary to inform the educator reports available through www.californiacolleges.edu so that educators can ensure that each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act Application.
(g)It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data matching required by paragraph (2) of subdivision (f) be linked through, and conducted in accordance with the privacy requirements of, the California Cradle-to-Career Data System, to avoid a duplicative data matching requirement and to ensure data privacy.
(h)The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website.
(i)A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupils ability to graduate.
SEC. 3.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The superintendent of the school district shall consult with its homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (6) of subdivision (e) of Section 52064.
(7)(A)The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district.
(B)The report shall include both of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 4.Section 52064 of the Education Code is amended to read:52064.(a)On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes:
(1)For use by school districts to meet the requirements of Sections 52060 to 52063, inclusive.
(2)For use by county superintendents of schools to meet the requirements of Sections 52066 to 52069, inclusive.
(3)For use by charter schools to meet the requirements of Section 47606.5.
(b)On or before January 31, 2022, the template adopted by the state board shall require the inclusion of all of the following information:
(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, subdivision (d) of Section 52060, or subdivision (d) of Section 52066, as applicable, and for any additional local priorities identified by the governing board of the school district, the county board of education, or in the charter school petition. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in subdivision (a) of Section 52052.
(2)A description of the specific actions that the school district, county office of education, or charter school will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including actions to implement work related to technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5. The specific actions shall not supersede the provisions of existing local collective bargaining agreements, if any, within the jurisdiction of the school district, county office of education, or charter school.
(3)One or more summary tables listing and describing the budgeted expenditures for the ensuing fiscal year implementing each specific action included in the local control and accountability plan, including expenditures and specific actions for the ensuing fiscal year that will serve unduplicated pupils, as defined in Section 42238.02, including long-term English learners, and pupils redesignated as fluent English proficient. The summary table or tables shall include both of the following:
(A)The total overall expenditures for all specific actions included in the local control and accountability plan, broken down by personnel and nonpersonnel expenditures.
(B)The subtotals of expenditures for each specific action included in the local control and accountability plan broken down into the following categories:
(i)Funds apportioned under the local control funding formula pursuant to Section 42238.02.
(ii)All other state funds.
(iii)All local funds.
(iv)All federal funds.
(4)One or more summary tables listing and describing all of the specific actions and budgeted expenditures in paragraph (3) that contribute to the demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, grouped as follows:
(A)Specific actions and budgeted expenditures provided to all pupils on a districtwide, countywide, or charterwide basis.
(B)Specific actions and budgeted expenditures that are targeted only to one or more unduplicated pupil subgroups. For these specific actions, the description shall specify the unduplicated pupil subgroup or subgroups that are targeted by each specific action and, if not provided at all schools, the school or schools where the specific action is provided.
(C)Only for school districts and county offices of education that operate more than one schoolsite, specific actions and budgeted expenditures provided to all pupils on a schoolwide basis, but only at schools serving certain grade spans or only at one or more schools. For these specific actions, the description shall specify the school or schools at which the specific action is provided.
(5)An estimate of the funds to be apportioned in the ensuing fiscal year on the basis of the number and concentration of unduplicated pupils and calculation of the percent the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(6)(A)A demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in the ensuing fiscal year in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(B)As part of the demonstration required by subparagraph (A), the summary tables required by paragraph (4) shall demonstrate both of the following:
(i)That the full proportionality obligation referenced in paragraph (1) of subdivision (a) of Section 42238.07 is being met annually through the listed actions and services.
(ii)Each actions quantitative contribution toward the proportionality obligation as expenditures or its qualitative contribution as a percentage of increased or improved services for unduplicated pupils over and above the level of services provided to all pupils, consistent with the regulations adopted by the state board pursuant to Section 42238.07.
(7)A review of the progress toward the goals included in the existing local control and accountability plan, a review of any changes in the applicability of the goals, an assessment of the effectiveness, or lack thereof, of the specific actions described in the existing local control and accountability plan toward achieving the goals, a description of changes to the specific actions and related expenditures or quality improvements the school district, county office of education, or charter school will make as a result of the review and assessment, and an update on progress implementing the specific actions in the current fiscal year, including estimated actual expenditures for the specific actions and actual quality improvements.
(8)(A)The calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07.
(B)If applicable to the school district, county office of education, or charter school pursuant to subdivision (d) of Section 42238.07, a description of the specific actions and related expenditures to be implemented using the funds specified in that subdivision, including a demonstration that the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07.
(9)A plan summary that includes general information about the school district, county office of education, or charter school and highlights of the local control and accountability plan and annual update to the local control and accountability plan, including reflections on annual performance on the California School Dashboard authorized in Section 52064.5 and other local data and, as applicable, a summary of the work underway as part of technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5.
(10)A summary of the stakeholder engagement process, including stakeholders at schools generating funding pursuant to Section 42238.024, and how stakeholder engagement influenced the development of the adopted local control and accountability plan and annual update to the local control and accountability plan.
(11)For local educational agencies that receive concentration grant funding pursuant to Section 42238.02, a demonstration that the additional funding received as a result of the increased concentration grant add-on percent specified in subparagraph (B) of paragraph (1) of subdivision (f) of Section 42238.02 will be used to increase the number of credentialed staff, classified staff, or both of those, that provide direct services to pupils, including custodial staff, on school campuses with greater than 55-percent unduplicated pupil enrollment in the prior year as compared to the staff-to-pupil ratios at schools within the local educational agency with an unduplicated pupil enrollment in the prior year of 55 percent or less, if any.
(c)If possible, the templates identified in paragraph (2) of subdivision (a) for use by county superintendents of schools shall allow a county superintendent of schools to develop a single local control and accountability plan that would also satisfy the requirements of Section 48926.
(d)(1)The template for the local control and accountability plan and annual update to the local control and accountability plan shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The state board shall include instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the local control and accountability plan consistent with the requirements of this section. The state board may include more technical language in the instructions.
(2)Except as provided in paragraph (3), the state board shall not require school districts, county offices of education, or charter schools to provide any information in addition to the information required pursuant to subdivision (b).
(3)The state board may require the inclusion of additional information in the template in order to meet requirements of federal law, including meeting the requirements of Section 300.600 of Title 34 of the Code of Federal Regulations.
(e)(1)The process of developing and annually updating the local control and accountability plan shall support school districts, county offices of education, and charter schools in comprehensive strategic planning, accountability, and improvement across the state priorities, particularly to address and reduce disparities in opportunities and outcomes between pupil groups indicated by the California School Dashboard, and any locally identified priorities through meaningful engagement with local stakeholders.
(2)In developing the template for the local control and accountability plan and annual update to the local control and accountability plan, the state board shall ensure that school districts, county offices of education, and charter schools track and report their progress annually on all state priorities, including the applicable metrics specified within each state priority and, for charter schools, in accordance with Section 47606.5.
(3)For each action and budgeted expenditure provided to all pupils on a districtwide, countywide, or charterwide basis pursuant to Section 42238.07, one or more specific metrics to monitor the intended outcome of that action and budgeted expenditure shall be identified.
(4)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools should prioritize the focus of the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan within one or more state priorities. The instructions shall further specify that school districts, county offices of education, and charter schools shall consider their performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5 in determining whether and how to prioritize the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan.
(5)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools that have a numerically significant English learner pupil subgroup shall include specific actions in the local control and accountability plan related to, at a minimum, the language acquisition programs, as defined in Section 306, provided to pupils and professional development activities specific to English learners, including long-term English learners.
(6)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify, beginning with local control and accountability plans for the 202526 school year, that school districts, county offices of education, and charter schools with a number of homeless pupils identified that is less than 10 percent of the number of pupils identified as eligible for free or reduced-price meals, as defined in Section 42238.01, for purposes of determining the local control funding formula allocation under the local control funding formula for the previous year, shall include a description of how the school district, county office of education, or charter school has implemented or intends to implement Section 48851.
(7)(A)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the local control and accountability plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard. The results of the California School Dashboard in the year preceding the adoption of the local control and accountability plan shall determine the instances of low performance that shall apply for the three-year period in which the local control and accountability plan is in effect pursuant to subdivision (b) of Section 52060 or subdivision (b) of Section 52066, as applicable.
(B)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall require, beginning with local control and accountability plans for the 202526 school year, that school districts, county offices of education, and charter schools that had homeless pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, include specific actions, developed in consultation with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, to address homeless pupils.
(8)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, local educational agencies receiving funding pursuant to Section 42238.024 shall include focused goals for each school generating funding pursuant to Section 42238.024. The focused goals shall address both of the following:
(A)All pupil groups that have the lowest performance level on one or more state indicators on the California School Dashboard pursuant to Section 52064.5.
(B)Any underlying issues in the credentialing, subject matter preparation, and retention of the schools educators, if applicable.
(9)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools shall change actions that have not proven effective over a three-year period. This shall include a description of changes that explain the reasons for lack of progress and how any changes to the action will result in a new or strengthened approach.
(f)(1)Except as provided in subdivision (g), the state board shall adopt the template pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may adopt emergency regulations for purposes of implementing this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(2)Notwithstanding paragraph (1), the state board may adopt or revise the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). When adopting the template pursuant to the requirements of the Bagley-Keene Open Meeting Act, the state board shall present the template at a regular meeting and may only take action to adopt the template at a subsequent regular meeting. This paragraph shall become inoperative on January 31, 2019.
(g)Notwithstanding subdivision (f), revisions of the template for the local control and accountability plan and annual update to the local control and accountability plan necessary to implement Assembly Bill 1808 and Assembly Bill 1840 of the 201718 Regular Session, legislation passed during the 201920 Regular Session, or Assembly Bill 130 of the 202122 Regular Session shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may make necessary revisions to the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(h)Revisions to a template shall be approved by the state board by January 31 before the fiscal year during which the template is to be used by a school district, county superintendent of schools, or charter school.
(i)In developing the template, the state board shall take steps to minimize duplication of effort at the local level to the greatest extent possible. The adoption of a template or evaluation rubric by the state board shall not create a requirement for a governing board of a school district, a county board of education, or a governing body of a charter school to submit a local control and accountability plan to the state board, unless otherwise required by federal law. The Superintendent shall not require a local control and accountability plan to be submitted by a governing board of a school district or the governing body of a charter school to the state board. The state board may adopt a template or evaluation rubric that would authorize a school district or a charter school to submit to the state board only the sections of the local control and accountability plan required by federal law.
(j)Notwithstanding any other law, the templates developed by the state board pursuant to this section, as it read on June 30, 2018, shall continue in effect until the state board adopts a new template pursuant to subdivision (b) on or before January 31, 2020, except that the state board may adopt revisions to those templates pursuant to subdivision (g) that are necessary to implement Assembly Bill 1808 of the 201718 Regular Session or meet federal requirements.
SEC. 5.Section 52068 of the Education Code is amended to read:52068.(a)Before the county board of education considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to a parent advisory committee established pursuant to Section 52069 for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the parent advisory committee.
(2)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52069, if applicable, for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The county superintendent of schools shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a county superintendent of schools to produce printed notices or to send notices by mail. The county superintendent of schools shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The county superintendent of schools shall review school plans submitted pursuant to Section 64001 for schools operated by the county superintendent of schools and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The county superintendent of schools shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The county superintendent of schools shall consult with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to determine appropriate and specific actions for homeless pupils to be included in the local control and accountability plan or annual update to the local control and accountability plan.
(7)(A)The county superintendent of schools shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year, at a regularly scheduled meeting of the county board of education.
(B)The report shall include all of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)The county board of education shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan, and any comments received pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by Section 1620.
(2)The county board of education shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the county board of education adopts a budget pursuant to Section 1622.
(c)A county superintendent of schools may develop and present to a county board of education for adoption revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The county board of education may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 6.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.
(a)A county office of education, or a 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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. subparagraph.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a foster youth educational services coordinator determines that it is in the best interest of a foster youth pupil to do so, the foster youth services coordinating program may provide tutoring, mentoring, and counseling to the pupil. Any services provided by a foster youth services coordinating program pursuant to this subparagraph shall be coordinated with the pupils school.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 2.Section 51225.7 of the Education Code is amended to read:51225.7.(a)For purposes of this section, the following definitions apply:
(1)Foster youth has the same meaning as defined in Section 42238.01 and includes a foster child who is detained in a county-operated juvenile detention facility.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Opt-out form means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupils behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason.
(4)Outreach program means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following:
(A)Assisting pupils with financial aid application completion.
(B)Serving pupils who are eligible to submit a California Dream Act Application.
(5)Pupil means a pupil in grade 12 attending a high school maintained by a local educational agency.
(b)Commencing with the 202223 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following:
(1)The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid.
(2)If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(c)The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h).
(d)If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupils parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c). If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit an opt-out form on the pupils behalf. For pupils who are foster youth, the local educational agency shall submit a copy of these opt-out forms and of those forms submitted pursuant to subdivision (c) to the foster youth services coordinating program established pursuant to Section 42921. 42921 no later than 14 calendar days following the date that the opt-out form is completed.
(e)The governing board or body of the local educational agency shall ensure both of the following:
(1)The local educational agency directs each high school pupil and, if applicable, the pupils parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.
(2)Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any persons immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe.
(f)On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner:
(1)The department shall share the current school years roster of pupils with the Student Aid Commission.
(2)The Student Aid Commission shall match the data described in paragraph (1) with a pupils application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(3)The Student Aid Commission shall provide the California College Guidance Initiative, described in Section 10861, with the discrete data necessary to inform the educator reports available through www.californiacolleges.edu so that educators can ensure that each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act Application.
(g)It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data matching required by paragraph (2) of subdivision (f) be linked through, and conducted in accordance with the privacy requirements of, the California Cradle-to-Career Data System, to avoid a duplicative data matching requirement and to ensure data privacy.
(h)The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website.
(i)A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupils ability to graduate.
SEC. 3.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The superintendent of the school district shall consult with its homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (6) of subdivision (e) of Section 52064.
(7)(A)The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district.
(B)The report shall include both of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 4.Section 52064 of the Education Code is amended to read:52064.(a)On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes:
(1)For use by school districts to meet the requirements of Sections 52060 to 52063, inclusive.
(2)For use by county superintendents of schools to meet the requirements of Sections 52066 to 52069, inclusive.
(3)For use by charter schools to meet the requirements of Section 47606.5.
(b)On or before January 31, 2022, the template adopted by the state board shall require the inclusion of all of the following information:
(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, subdivision (d) of Section 52060, or subdivision (d) of Section 52066, as applicable, and for any additional local priorities identified by the governing board of the school district, the county board of education, or in the charter school petition. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in subdivision (a) of Section 52052.
(2)A description of the specific actions that the school district, county office of education, or charter school will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including actions to implement work related to technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5. The specific actions shall not supersede the provisions of existing local collective bargaining agreements, if any, within the jurisdiction of the school district, county office of education, or charter school.
(3)One or more summary tables listing and describing the budgeted expenditures for the ensuing fiscal year implementing each specific action included in the local control and accountability plan, including expenditures and specific actions for the ensuing fiscal year that will serve unduplicated pupils, as defined in Section 42238.02, including long-term English learners, and pupils redesignated as fluent English proficient. The summary table or tables shall include both of the following:
(A)The total overall expenditures for all specific actions included in the local control and accountability plan, broken down by personnel and nonpersonnel expenditures.
(B)The subtotals of expenditures for each specific action included in the local control and accountability plan broken down into the following categories:
(i)Funds apportioned under the local control funding formula pursuant to Section 42238.02.
(ii)All other state funds.
(iii)All local funds.
(iv)All federal funds.
(4)One or more summary tables listing and describing all of the specific actions and budgeted expenditures in paragraph (3) that contribute to the demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, grouped as follows:
(A)Specific actions and budgeted expenditures provided to all pupils on a districtwide, countywide, or charterwide basis.
(B)Specific actions and budgeted expenditures that are targeted only to one or more unduplicated pupil subgroups. For these specific actions, the description shall specify the unduplicated pupil subgroup or subgroups that are targeted by each specific action and, if not provided at all schools, the school or schools where the specific action is provided.
(C)Only for school districts and county offices of education that operate more than one schoolsite, specific actions and budgeted expenditures provided to all pupils on a schoolwide basis, but only at schools serving certain grade spans or only at one or more schools. For these specific actions, the description shall specify the school or schools at which the specific action is provided.
(5)An estimate of the funds to be apportioned in the ensuing fiscal year on the basis of the number and concentration of unduplicated pupils and calculation of the percent the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(6)(A)A demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in the ensuing fiscal year in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(B)As part of the demonstration required by subparagraph (A), the summary tables required by paragraph (4) shall demonstrate both of the following:
(i)That the full proportionality obligation referenced in paragraph (1) of subdivision (a) of Section 42238.07 is being met annually through the listed actions and services.
(ii)Each actions quantitative contribution toward the proportionality obligation as expenditures or its qualitative contribution as a percentage of increased or improved services for unduplicated pupils over and above the level of services provided to all pupils, consistent with the regulations adopted by the state board pursuant to Section 42238.07.
(7)A review of the progress toward the goals included in the existing local control and accountability plan, a review of any changes in the applicability of the goals, an assessment of the effectiveness, or lack thereof, of the specific actions described in the existing local control and accountability plan toward achieving the goals, a description of changes to the specific actions and related expenditures or quality improvements the school district, county office of education, or charter school will make as a result of the review and assessment, and an update on progress implementing the specific actions in the current fiscal year, including estimated actual expenditures for the specific actions and actual quality improvements.
(8)(A)The calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07.
(B)If applicable to the school district, county office of education, or charter school pursuant to subdivision (d) of Section 42238.07, a description of the specific actions and related expenditures to be implemented using the funds specified in that paragraph, subdivision, including a demonstration that the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07.
(9)A plan summary that includes general information about the school district, county office of education, or charter school and highlights of the local control and accountability plan and annual update to the local control and accountability plan, including reflections on annual performance on the California School Dashboard authorized in Section 52064.5 and other local data and, as applicable, a summary of the work underway as part of technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5.
(10)A summary of the stakeholder engagement process, including stakeholders at schools generating funding pursuant to Section 42238.024, and how stakeholder engagement influenced the development of the adopted local control and accountability plan and annual update to the local control and accountability plan.
(11)For local educational agencies that receive concentration grant funding pursuant to Section 42238.02, a demonstration that the additional funding received as a result of the increased concentration grant add-on percent specified in subparagraph (B) of paragraph (1) of subdivision (f) of Section 42238.02 will be used to increase the number of credentialed staff, classified staff, or both of those, that provide direct services to pupils, including custodial staff, on school campuses with greater than 55-percent unduplicated pupil enrollment in the prior year as compared to the staff-to-pupil ratios at schools within the local educational agency with an unduplicated pupil enrollment in the prior year of 55 percent or less, if any.
(c)If possible, the templates identified in paragraph (2) of subdivision (a) for use by county superintendents of schools shall allow a county superintendent of schools to develop a single local control and accountability plan that would also satisfy the requirements of Section 48926.
(d)(1)The template for the local control and accountability plan and annual update to the local control and accountability plan shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The state board shall include instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the local control and accountability plan consistent with the requirements of this section. The state board may include more technical language in the instructions.
(2)Except as provided in paragraph (3), the state board shall not require school districts, county offices of education, or charter schools to provide any information in addition to the information required pursuant to subdivision (b).
(3)The state board may require the inclusion of additional information in the template in order to meet requirements of federal law, including meeting the requirements of Section 300.600 of Title 34 of the Code of Federal Regulations.
(e)(1)The process of developing and annually updating the local control and accountability plan shall support school districts, county offices of education, and charter schools in comprehensive strategic planning, accountability, and improvement across the state priorities, particularly to address and reduce disparities in opportunities and outcomes between pupil groups indicated by the California School Dashboard, and any locally identified priorities through meaningful engagement with local stakeholders.
(2)In developing the template for the local control and accountability plan and annual update to the local control and accountability plan, the state board shall ensure that school districts, county offices of education, and charter schools track and report their progress annually on all state priorities, including the applicable metrics specified within each state priority and, for charter schools, in accordance with Section 47606.5.
(3)For each action and budgeted expenditure provided to all pupils on a districtwide, countywide, or charterwide basis pursuant to Section 42238.07, one or more specific metrics to monitor the intended outcome of that action and budgeted expenditure shall be identified.
(4)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools should prioritize the focus of the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan within one or more state priorities. The instructions shall further specify that school districts, county offices of education, and charter schools shall consider their performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5 in determining whether and how to prioritize the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan.
(5)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools that have a numerically significant English learner pupil subgroup shall include specific actions in the local control and accountability plan related to, at a minimum, the language acquisition programs, as defined in Section 306, provided to pupils and professional development activities specific to English learners, including long-term English learners.
(6)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify, beginning with local control and accountability plans for the 202526 school year, both of the following: that school districts, county offices of education, and charter schools with a number of homeless pupils identified that is less than 10 percent of the number of pupils identified as eligible for free or reduced-price meals, as defined in Section 42238.01, for purposes of determining the local control funding formula allocation under the local control funding formula for the previous year, shall include a description of how the school district, county office of education, or charter school has implemented or intends to implement Section 48851.
(A)That school districts, county offices of education, and charter schools that have at least 15 homeless pupils shall include in local control accountability plans specific actions to facilitate the enrollment, attendance, participation, retention, and educational success of homeless pupils.(B)That school districts, county offices of education, and charter schools with a number of homeless pupils identified that is less than 10 percent of the number of pupils identified as eligible for free or reduced-price meals, as defined in Section 42238.01, for purposes of determining the local control funding formula allocation under the local control funding formula for the previous year, shall include strategies for ensuring the accurate identification of homeless pupils.(7)(A)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the local control and accountability plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard. The results of the California School Dashboard in the year preceding the adoption of the local control and accountability plan shall determine the instances of low performance that shall apply for the three-year period in which the local control and accountability plan is in effect pursuant to subdivision (b) of Section 52060 or subdivision (b) of Section 52066, as applicable.
(B)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall require, beginning with local control and accountability plans for the 202526 school year, that school districts, county offices of education, and charter schools that had homeless pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, include specific actions, developed in consultation with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, to address homeless pupils.
(8)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, local educational agencies receiving funding pursuant to Section 42238.024 shall include focused goals for each school generating funding pursuant to Section 42238.024. The focused goals shall address both of the following:
(A)All pupil groups that have the lowest performance level on one or more state indicators on the California School Dashboard pursuant to Section 52064.5.
(B)Any underlying issues in the credentialing, subject matter preparation, and retention of the schools educators, if applicable.
(9)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools shall change actions that have not proven effective over a three-year period. This shall include a description of changes that explain the reasons for lack of progress and how any changes to the action will result in a new or strengthened approach.
(f)(1)Except as provided in subdivision (g), the state board shall adopt the template pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may adopt emergency regulations for purposes of implementing this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(2)Notwithstanding paragraph (1), the state board may adopt or revise the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). When adopting the template pursuant to the requirements of the Bagley-Keene Open Meeting Act, the state board shall present the template at a regular meeting and may only take action to adopt the template at a subsequent regular meeting. This paragraph shall become inoperative on January 31, 2019.
(g)Notwithstanding subdivision (f), revisions of the template for the local control and accountability plan and annual update to the local control and accountability plan necessary to implement Assembly Bill 1808 and Assembly Bill 1840 of the 201718 Regular Session, legislation passed during the 201920 Regular Session, or Assembly Bill 130 of the 202122 Regular Session shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may make necessary revisions to the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(h)Revisions to a template shall be approved by the state board by January 31 before the fiscal year during which the template is to be used by a school district, county superintendent of schools, or charter school.
(i)In developing the template, the state board shall take steps to minimize duplication of effort at the local level to the greatest extent possible. The adoption of a template or evaluation rubric by the state board shall not create a requirement for a governing board of a school district, a county board of education, or a governing body of a charter school to submit a local control and accountability plan to the state board, unless otherwise required by federal law. The Superintendent shall not require a local control and accountability plan to be submitted by a governing board of a school district or the governing body of a charter school to the state board. The state board may adopt a template or evaluation rubric that would authorize a school district or a charter school to submit to the state board only the sections of the local control and accountability plan required by federal law.
(j)Notwithstanding any other law, the templates developed by the state board pursuant to this section, as it read on June 30, 2018, shall continue in effect until the state board adopts a new template pursuant to subdivision (b) on or before January 31, 2020, except that the state board may adopt revisions to those templates pursuant to subdivision (g) that are necessary to implement Assembly Bill 1808 of the 201718 Regular Session or meet federal requirements.
SEC. 5.Section 52068 of the Education Code is amended to read:52068.(a)Before the county board of education considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to a parent advisory committee established pursuant to Section 52069 for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the parent advisory committee.
(2)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52069, if applicable, for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The county superintendent of schools shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a county superintendent of schools to produce printed notices or to send notices by mail. The county superintendent of schools shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The county superintendent of schools shall review school plans submitted pursuant to Section 64001 for schools operated by the county superintendent of schools and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The county superintendent of schools shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The county superintendent of schools shall consult with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to determine appropriate and specific actions for homeless pupils to be included in the local control and accountability plan or annual update to the local control and accountability plan.
(7)(A)The county superintendent of schools shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year, at a regularly scheduled meeting of the county board of education.
(B)The report shall include all of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)The county board of education shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan, and any comments received pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by Section 1620.
(2)The county board of education shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the county board of education adopts a budget pursuant to Section 1622.
(c)A county superintendent of schools may develop and present to a county board of education for adoption revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The county board of education may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 6.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.
(a)A county office of education, or a 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 subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c)For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d)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 coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e)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 coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1)(A)A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments, departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of 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. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii)Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B)The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. 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.
(i)If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring 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.
(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, 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.
(2)(A)If a school district annually certifies in writing to the foster youth services coordinating program that it is unable, using any other state, federal, local, or private funds, to provide tutoring, mentoring, and counseling, and if those services are established as needed and identified by the appropriate school district, in collaboration with the county child welfare agency or county probation department, the school district may enter into a temporary agreement with the foster youth services coordinating program to provide those services.(2)(A)If a foster youth educational services coordinator determines that it is in the best interest of a foster youth pupil to do so, the foster youth services coordinating program may provide tutoring, mentoring, and counseling to the pupil. Any services provided by a foster youth services coordinating program pursuant to this subparagraph shall be coordinated with the pupils school.
(B)It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) 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.
(C)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 program 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. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(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.
(2)The Executive Advisory Council may 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.
(3)The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4)The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).
SEC. 2.Section 51225.7 of the Education Code is amended to read:51225.7.(a)For purposes of this section, the following definitions apply:
(1)Foster youth has the same meaning as defined in Section 42238.01 and includes a foster child who is detained in a county-operated juvenile detention facility.
(1)(2)Local educational agency means a school district, county office of education, or charter school.
(2)(3)Opt-out form means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupils behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason.
(3)(4)Outreach program means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following:
(A)Assisting pupils with financial aid application completion.
(B)Serving pupils who are eligible to submit a California Dream Act Application.
(4)(5)Pupil means a pupil in grade 12 attending a high school maintained by a local educational agency.
(b)Commencing with the 202223 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following:
(1)The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid.
(2)If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(c)The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h).
(d)If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupils parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c). If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit an opt-out form on the pupils behalf. For pupils who are foster youth, the local educational agency shall submit a copy of these opt-out forms and of those forms submitted pursuant to subdivision (c) to the foster youth services coordinating program established pursuant to Section 42921.
(e)The governing board or body of the local educational agency shall ensure both of the following:
(1)The local educational agency directs each high school pupil and, if applicable, the pupils parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.
(2)Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any persons immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe.
(f)On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner:
(1)The department shall share the current school years roster of pupils with the Student Aid Commission.
(2)The Student Aid Commission shall match the data described in paragraph (1) with a pupils application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(3)The Student Aid Commission shall provide the California College Guidance Initiative, described in Section 10861, with the discrete data necessary to inform the educator reports available through www.californiacolleges.edu so that educators can ensure that each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act Application.
(g)It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data matching required by paragraph (2) of subdivision (f) be linked through, and conducted in accordance with the privacy requirements of, the California Cradle-to-Career Data System, to avoid a duplicative data matching requirement and to ensure data privacy.
(h)The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website.
(i)A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupils ability to graduate.
SEC. 3.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The superintendent of the school district shall consult with its homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (6) of subdivision (e) of Section 52064.
(6)(7)(A)The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district.
(B)The report shall include both of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 4.Section 52064 of the Education Code is amended to read:52064.(a)On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes:
(1)For use by school districts to meet the requirements of Sections 52060 to 52063, inclusive.
(2)For use by county superintendents of schools to meet the requirements of Sections 52066 to 52069, inclusive.
(3)For use by charter schools to meet the requirements of Section 47606.5.
(b)On or before January 31, 2022, the template adopted by the state board shall require the inclusion of all of the following information:
(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, subdivision (d) of Section 52060, or subdivision (d) of Section 52066, as applicable, and for any additional local priorities identified by the governing board of the school district, the county board of education, or in the charter school petition. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in subdivision (a) of Section 52052.
(2)A description of the specific actions that the school district, county office of education, or charter school will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including actions to implement work related to technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5. The specific actions shall not supersede the provisions of existing local collective bargaining agreements, if any, within the jurisdiction of the school district, county office of education, or charter school.
(3)One or more summary tables listing and describing the budgeted expenditures for the ensuing fiscal year implementing each specific action included in the local control and accountability plan, including expenditures and specific actions for the ensuing fiscal year that will serve unduplicated pupils, as defined in Section 42238.02, including long-term English learners, and pupils redesignated as fluent English proficient. The summary table or tables shall include both of the following:
(A)The total overall expenditures for all specific actions included in the local control and accountability plan, broken down by personnel and nonpersonnel expenditures.
(B)The subtotals of expenditures for each specific action included in the local control and accountability plan broken down into the following categories:
(i)Funds apportioned under the local control funding formula pursuant to Section 42238.02.
(ii)All other state funds.
(iii)All local funds.
(iv)All federal funds.
(4)One or more summary tables listing and describing all of the specific actions and budgeted expenditures in paragraph (3) that contribute to the demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, grouped as follows:
(A)Specific actions and budgeted expenditures provided to all pupils on a districtwide, countywide, or charterwide basis.
(B)Specific actions and budgeted expenditures that are targeted only to one or more unduplicated pupil subgroups. For these specific actions, the description shall specify the unduplicated pupil subgroup or subgroups that are targeted by each specific action and, if not provided at all schools, the school or schools where the specific action is provided.
(C)Only for school districts and county offices of education that operate more than one schoolsite, specific actions and budgeted expenditures provided to all pupils on a schoolwide basis, but only at schools serving certain grade spans or only at one or more schools. For these specific actions, the description shall specify the school or schools at which the specific action is provided.
(5)An estimate of the funds to be apportioned in the ensuing fiscal year on the basis of the number and concentration of unduplicated pupils and calculation of the percent the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(6)(A)A demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in the ensuing fiscal year in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(B)As part of the demonstration required by subparagraph (A), the summary tables required by paragraph (4) shall demonstrate both of the following:
(i)That the full proportionality obligation referenced in paragraph (1) of subdivision (a) of Section 42238.07 is being met annually through the listed actions and services.
(ii)Each actions quantitative contribution toward the proportionality obligation as expenditures or its qualitative contribution as a percentage of increased or improved services for unduplicated pupils over and above the level of services provided to all pupils, consistent with the regulations adopted by the state board pursuant to Section 42238.07.
(7)A review of the progress toward the goals included in the existing local control and accountability plan, a review of any changes in the applicability of the goals, an assessment of the effectiveness, or lack thereof, of the specific actions described in the existing local control and accountability plan toward achieving the goals, a description of changes to the specific actions and related expenditures or quality improvements the school district, county office of education, or charter school will make as a result of the review and assessment, and an update on progress implementing the specific actions in the current fiscal year, including estimated actual expenditures for the specific actions and actual quality improvements.
(8)(A)The calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07.
(B)If applicable to the school district, county office of education, or charter school pursuant to subdivision (d) of Section 42238.07, a description of the specific actions and related expenditures to be implemented using the funds specified in that paragraph, including a demonstration that the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07.
(9)A plan summary that includes general information about the school district, county office of education, or charter school and highlights of the local control and accountability plan and annual update to the local control and accountability plan, including reflections on annual performance on the California School Dashboard authorized in Section 52064.5 and other local data and, as applicable, a summary of the work underway as part of technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5.
(10)A summary of the stakeholder engagement process, including stakeholders at schools generating funding pursuant to Section 42238.024, and how stakeholder engagement influenced the development of the adopted local control and accountability plan and annual update to the local control and accountability plan.
(11)For local educational agencies that receive concentration grant funding pursuant to Section 42238.02, a demonstration that the additional funding received as a result of the increased concentration grant add-on percent specified in subparagraph (B) of paragraph (1) of subdivision (f) of Section 42238.02 will be used to increase the number of credentialed staff, classified staff, or both of those, that provide direct services to pupils, including custodial staff, on school campuses with greater than 55-percent unduplicated pupil enrollment in the prior year as compared to the staff-to-pupil ratios at schools within the local educational agency with an unduplicated pupil enrollment in the prior year of 55 percent or less, if any.
(c)If possible, the templates identified in paragraph (2) of subdivision (a) for use by county superintendents of schools shall allow a county superintendent of schools to develop a single local control and accountability plan that would also satisfy the requirements of Section 48926.
(d)(1)The template for the local control and accountability plan and annual update to the local control and accountability plan shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The state board shall include instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the local control and accountability plan consistent with the requirements of this section. The state board may include more technical language in the instructions.
(2)Except as provided in paragraph (3), the state board shall not require school districts, county offices of education, or charter schools to provide any information in addition to the information required pursuant to subdivision (b).
(3)The state board may require the inclusion of additional information in the template in order to meet requirements of federal law, including meeting the requirements of Section 300.600 of Title 34 of the Code of Federal Regulations.
(e)(1)The process of developing and annually updating the local control and accountability plan shall support school districts, county offices of education, and charter schools in comprehensive strategic planning, accountability, and improvement across the state priorities, particularly to address and reduce disparities in opportunities and outcomes between pupil groups indicated by the California School Dashboard, and any locally identified priorities through meaningful engagement with local stakeholders.
(2)In developing the template for the local control and accountability plan and annual update to the local control and accountability plan, the state board shall ensure that school districts, county offices of education, and charter schools track and report their progress annually on all state priorities, including the applicable metrics specified within each state priority and, for charter schools, in accordance with Section 47606.5.
(3)For each action and budgeted expenditure provided to all pupils on a districtwide, countywide, or charterwide basis pursuant to Section 42238.07, one or more specific metrics to monitor the intended outcome of that action and budgeted expenditure shall be identified.
(4)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools should prioritize the focus of the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan within one or more state priorities. The instructions shall further specify that school districts, county offices of education, and charter schools shall consider their performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5 in determining whether and how to prioritize the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan.
(5)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools that have a numerically significant English learner pupil subgroup shall include specific actions in the local control and accountability plan related to, at a minimum, the language acquisition programs, as defined in Section 306, provided to pupils and professional development activities specific to English learners, including long-term English learners.
(6)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify, beginning with local control and accountability plans for the 202526 school year, both of the following:
(A)That school districts, county offices of education, and charter schools that have at least 15 homeless pupils shall include in local control accountability plans specific actions to facilitate the enrollment, attendance, participation, retention, and educational success of homeless pupils.
(B)That school districts, county offices of education, and charter schools with a number of homeless pupils identified that is less than 10 percent of the number of pupils identified as eligible for free or reduced-price meals, as defined in Section 42238.01, for purposes of determining the local control funding formula allocation under the local control funding formula for the previous year, shall include strategies for ensuring the accurate identification of homeless pupils.
(6)(7)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, school districts, county offices of education, and charter schools shall include specific actions in the local control and accountability plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard. The results of the California School Dashboard in the year preceding the adoption of the local control and accountability plan shall determine the instances of low performance that shall apply for the three-year period in which the local control and accountability plan is in effect pursuant to subdivision (b) of Section 52060 or subdivision (b) of Section 52066, as applicable.
(7)(8)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 202425 school year, local educational agencies receiving funding pursuant to Section 42238.024 shall include focused goals for each school generating funding pursuant to Section 42238.024. The focused goals shall address both of the following:
(A)All pupil groups that have the lowest performance level on one or more state indicators on the California School Dashboard pursuant to Section 52064.5.
(B)Any underlying issues in the credentialing, subject matter preparation, and retention of the schools educators, if applicable.
(8)(9)The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools shall change actions that have not proven effective over a three-year period. This shall include a description of changes that explain the reasons for lack of progress and how any changes to the action will result in a new or strengthened approach.
(f)(1)Except as provided in subdivision (g), the state board shall adopt the template pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may adopt emergency regulations for purposes of implementing this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(2)Notwithstanding paragraph (1), the state board may adopt or revise the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). When adopting the template pursuant to the requirements of the Bagley-Keene Open Meeting Act, the state board shall present the template at a regular meeting and may only take action to adopt the template at a subsequent regular meeting. This paragraph shall become inoperative on January 31, 2019.
(g)Notwithstanding subdivision (f), revisions of the template for the local control and accountability plan and annual update to the local control and accountability plan necessary to implement Assembly Bill 1808 and Assembly Bill 1840 of the 201718 Regular Session, legislation passed during the 201920 Regular Session, or Assembly Bill 130 of the 202122 Regular Session shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may make necessary revisions to the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(h)Revisions to a template shall be approved by the state board by January 31 before the fiscal year during which the template is to be used by a school district, county superintendent of schools, or charter school.
(i)In developing the template, the state board shall take steps to minimize duplication of effort at the local level to the greatest extent possible. The adoption of a template or evaluation rubric by the state board shall not create a requirement for a governing board of a school district, a county board of education, or a governing body of a charter school to submit a local control and accountability plan to the state board, unless otherwise required by federal law. The Superintendent shall not require a local control and accountability plan to be submitted by a governing board of a school district or the governing body of a charter school to the state board. The state board may adopt a template or evaluation rubric that would authorize a school district or a charter school to submit to the state board only the sections of the local control and accountability plan required by federal law.
(j)Notwithstanding any other law, the templates developed by the state board pursuant to this section, as it read on June 30, 2018, shall continue in effect until the state board adopts a new template pursuant to subdivision (b) on or before January 31, 2020, except that the state board may adopt revisions to those templates pursuant to subdivision (g) that are necessary to implement Assembly Bill 1808 of the 201718 Regular Session or meet federal requirements.
SEC. 5.Section 52068 of the Education Code is amended to read:52068.(a)Before the county board of education considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to a parent advisory committee established pursuant to Section 52069 for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the parent advisory committee.
(2)The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52069, if applicable, for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The county superintendent of schools shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a county superintendent of schools to produce printed notices or to send notices by mail. The county superintendent of schools shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The county superintendent of schools shall review school plans submitted pursuant to Section 64001 for schools operated by the county superintendent of schools and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The county superintendent of schools shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The county superintendent of schools shall consult with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to determine appropriate and specific actions for homeless pupils to be included in the local control and accountability plan or annual update to the local control and accountability plan.
(6)(7)(A)The county superintendent of schools shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year, at a regularly scheduled meeting of the county board of education.
(B)The report shall include all of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)The county board of education shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan, and any comments received pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by Section 1620.
(2)The county board of education shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the county board of education adopts a budget pursuant to Section 1622.
(c)A county superintendent of schools may develop and present to a county board of education for adoption revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The county board of education may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 6.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.
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Date
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Status
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|---|---|
| Sep 22, 2024 | Chaptered by Secretary of State - Chapter 382, Statutes of 2024. |
| Sep 22, 2024 | Approved by the Governor. |
| Sep 11, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 29, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 29, 2024 | Assembly Rule 77 suspended. |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 22, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 7. Noes 0.) (August 15). |
| Jun 17, 2024 | In committee: Referred to suspense file. |
| Jun 11, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 5, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 5). Re-referred to Com. on APPR. |
| May 29, 2024 | Referred to Com. on ED. |
| May 16, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 16, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0.) |
| May 9, 2024 | Read second time. Ordered to Consent Calendar. |
| May 8, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 8). |
| Apr 24, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| Apr 15, 2024 | Re-referred to Com. on HUM. S. |
| Apr 11, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Apr 9, 2024 | Re-referred to Com. on HUM. S. |
| Apr 8, 2024 | Read second time and amended. |
| Apr 4, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 3). |
| Mar 11, 2024 | Re-referred to Com. on ED. |
| Mar 7, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 4, 2024 | Referred to Coms. on ED. and HUM. S. |
| Feb 7, 2024 | From printer. May be heard in committee March 8. |
| Feb 6, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2024 | AB 2137 Quirk-Silva Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 28, 2024 | Assembly 3rd Reading AB2137 Quirk-Silva et al. By Cortese | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 17, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 5, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 16, 2024 | AB 2137 Quirk-Silva Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 8, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
|
| Apr 3, 2024 | Do pass as amended, and be re-referred to the Committee on [Human Services] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Access Reproductive Justice | ** Support | |
| Alameda County Office Of Education | ** Support | |
| Alliance for Children's Rights | ** Support | |
| ASPIRANET | ** Support | |
| Beyond Emancipation | ** Support | |
| California Academy of Child and Adolescent Psychiatry | ** Support | |
| California Alliance of Caregivers | ** Support | |
| California Alliance Of Child And Family Services | ** Support | |
| California Coalition For Youth | ** Support | |
| California Competes: Higher Education for a Strong Economy | ** Support | |
| California Legislative Women's Caucus | ** Support | |
| California School-Based Health Alliance | ** Support | |
| California Youth Connection | ** Support | |
| CASA of Los Angeles | ** Support | |
| CFT- a Union of Educators & Classified Professionals, Aft, Afl-cio | ** Support | |
| Children Now | ** Support | |
| Children'S Law Center Of California | ** Support | |
| Children's Legal Services of San Diego | ** Support | |
| Coalition of California Welfare Rights Organizations | ** Support | |
| De Anza College | ** Support | |
| Doing Good Works | ** Support | |
| East Bay Children's Law Offices | ** Support | |
| Foster Greatness | ** Support | |
| Haven Of Hope | ** Support | |
| iFoster | ** Support | |
| John Burton Advocates for Youth | ** Support | |
| Los Angeles County Office Of Education | ** Support | |
| Milpa Collective | ** Support | |
| National Center for Youth Law | ** Support | |
| Norco College - Special Funded Programs | ** Support | |
| Northern California College Promise Coalition | ** Support | |
| Optimist Youth Homes & Family Services | ** Support | |
| Orange Coast College Guardian Scholars Program | ** Support | |
| Orangewood Foundation | ** Support | |
| Pasadena City College-next Up Program | ** Support | |
| Peacock Acres, Inc. | ** Support | |
| Perk Advocacy | ** Support | |
| Riverside City College Guardian Scholars Program | ** Support | |
| Safe Place For Youth | ** Support | |
| San Bernardino County Superintendent Of Schools | ** Support | |
| Schoolhouse Connection | ** Support | |
| Students Rising Above | ** Support | |
| Television Academy Foundation | * Support | Jun 5, 2024 |
| Television Academy Foundation | * N/A | Jun 5, 2024 |
| Tlc Child and Family Services Transition Age Youth Housing Programs | ** Support | |
| Twinspire | ** Support | |
| University of California, Merced - Bright Success Center | ** Support | |
| University of California, Santa Barbara - Guardian Scholars Program | ** Support | |
| Women'S Foundation California | ** Support | |
| Woodland Community College Foster & Kinship Care Education | ** Support | |
| Young Women's Freedom Center | ** Support | |
| Youth Leadership Institute | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2137
Author:(Quirk-Silva)
As Amended Ver:August 22, 2024
Majority vote
SUMMARY
Authorizes a foster youth services coordinating program (FYSCP), if a foster youth educational services coordinator is unable, through specified coordinating activities and using any other state, federal, local, or private funds to secure tutoring, mentoring, and counseling services provided by a foster youth pupil's school district, and if those services are established as needed and identified by the foster youth educational services coordinator, to provide those services to the pupil.
Senate Amendments
- Authorize a FYSCP, if a foster youth educational services coordinator is unable, through specified coordinating activities and using any other state, federal, local, or private funds to secure tutoring, mentoring, and counseling services provided by a foster youth pupil's school district, and if those services are established as needed and identified by the foster youth educational services coordinator, to provide those services to the pupil.
- Remove a requirement that if a local educational agency (LEA) exempts a foster youth from having to complete the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application (CADAA), then the LEA would be required to submit a copy of the opt-out forms to the FYSCP no later than 14 calendar days after the form was completed.
- Add double-jointing language to avoid chaptering out issues with AB 3223 (Wilson) of the current legislative session.
COMMENTS
Foster Youth Services Coordinating Programs. The California Department of Education (CDE) administers the FYSCPs through county offices of education (COEs) to provide support services to foster children who suffer the traumatic effects of displacement from family and schools and multiple placements in foster care. These FYSCPs have the ability and authority to ensure that health and school records are obtained to establish appropriate placements and coordinate instruction, counseling, tutoring, mentoring, vocational training, emancipation services, training for independent living, and other related services. The goal of FYSCPs is to increase the stability of placements for foster children and youth. The services are designed to improve the children's educational performance and personal achievement, directly benefiting them as well as providing long-range cost savings to the state. The program began in 1981 as a pilot program in four school districts, was expanded the program statewide through COEs in 1998, and was expanded again in 2006 to include additional eligible students. In 2013, the Local Control Funding Formula (LCFF) eliminated approximately three-quarters of all K-12 education categorical programs, but Foster Youth Services (FYS) is one of the few programs that has remained "outside" as a dedicated funding source.
FYSCP report and recommendations. The CDE is required to provide a biannual report to the Legislature and Governor with the activities of California's FYSCP and student learning outcomes of foster youth. The FYSCPs have demonstrated substantial progress in building collaborative relationships among various agencies and systems that work with foster youth, focusing support on data sharing, transportation procedures to support school stability, learning support, and college and career transitions. The interagency collaborative relationships developed by the FYSCPs have resulted in the expanded capacity of providing comprehensive services to foster youth and the improvement in their academic outcomes. The data show that the FYSCP helped to:
- Increase the school stability rate. There was an increase of six percentage points in foster youth stability rates between the 2019–20 and 2020–21 FYs. This large increase in the rate is a significant step toward closing the opportunity gap between foster and non-foster youth.
- Decrease the statewide juvenile detention rate for foster youth by 2.4 percentage points from 2019–20 to 2020–21, representing more than 1,100 fewer foster youth receiving instruction in a juvenile detention facility. This illustrates significant and continued success for the foster youth population and speaks to the coordinated efforts to decrease school changes for foster youth.
- Increase the high school graduation rate. The two-year increase in the foster youth graduation rate of 2.6 percentage points is much higher than the non-foster youth 0.5 percent increase from 2018 to 2020. This larger increase in graduation rate is a significant step toward closing the opportunity gap between foster youth and non-foster youth.
- Coordinate services and information with LEAs and other partners to obtain necessary records to determine appropriate school placements and coordinate instruction.
- Increase collaboration and build capacity among partner agencies and systems in order to increase access to meaningful educational support for foster youth.
- Provide direct service and referrals for educational support services, vocational training, and training for independent living.
- Develop formal agreements to formalize collaboration among county agencies to optimize resources and eliminate redundant services.
Providing tutoring, mentoring, and counseling to foster youth through FYSCP. AB 854 (Weber) Chapter 781, Statutes of 2015, restructured the existing FYS program by shifting the primary function from direct services to coordination and allowing program funds to be used to support all students in foster care, irrespective of placement. This was due in part to acknowledge that school districts were now eligible to receive additional funding for unduplicated pupils (foster youth, English learners, and low-income) supplemental and concentration grants under the enactment of the LCFF in 2013, and FYSCP categorical funds could be devoted to coordination efforts on behalf of foster youth, rather than for direct services (tutoring, mentoring, etc.) to foster youth. AB 854 established an annual LEA waiver requirement for school districts that requested to provide these direct services. This bill proposes to, in part, return the authority of school districts to provide direct services for foster youth through FYSCP, by authorizing the FYSCP to provide tutoring, mentoring, and counseling to the pupil, if a foster youth educational services coordinator determines that it is in the best interest of a foster youth to do so, and requires that any services provided by an FYSCP be coordinated with the pupil's school. The most recent FYSCP report recommends removing the annual school district waiver requirements to provide direct services to foster youth.
According to the Author
"Research shows that these students who are experiencing homelessness or are foster youth face immense challenges in attaining a high school diploma and successfully matriculating to higher education. While schools are improving in identifying homeless students, many districts still report zero cases or likely underreport, denying these students the specialized assistance mandated by law. Fiscal concerns should not hinder our state's provide services to foster youth and those experiencing homelessness. It is precisely during these times that we must think creatively to ensure that the allocated funding and resources are used optimally for the benefit of these students. AB 2137 utilizes existing resources to enhance direct student support, streamline collaboration of services, and reduce gaps in financial aid application completion to further improve outcomes for foster youth and students who experience homelessness."
Arguments in Support
The National Center for Youth Law writes, "AB 2137 builds on current regulations to streamline existing services for K-12 students in foster care and those experiencing homelessness. This legislation ensures educational professionals working with these students have the information and tools they need to provide the best support possible. AB 2317 is an important step towards California's vision of educational equity, and for these reasons, the National Center for Youth Law is proud to cosponsor this bill."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- By requiring each county superintendent of schools to consult with homeless youth liaisons and foster youth liaisons, as specified, and make the required changes to their LCAPs, this bill could result in additional, unknown Proposition 98 General Fund costs. These activities could be deemed to a reimbursable state mandate.
- The California Department of Education estimates General Fund costs of $167,000 each year to support 1.0 position to assist local educational agencies (LEAs) and county offices of education (COEs) in developing, updating, and adopting their LCAPs with a new template that includes instructions that directs them to consider the number of homeless students that are identified, and ensuring the identification of these students.
- To the extent that the bill results in the delivery of more direct services for foster youth students by removing the "school district waiver", there could be additional, unknown Proposition 98 General Fund cost pressures on the program. The 2023-24 Budget includes $32 million for the FYSCP.
VOTES:
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty
ASM HUMAN SERVICES: 6-0-1
YES: Lee, Essayli, Calderon, Gipson, Jackson, Ortega
ABS, ABST OR NV: Mathis
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: August 22, 2024
CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0004905
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2137 |
THIRD READING
Bill No: AB 2137
Author: Quirk-Silva (D), et al.
Amended: 8/22/24 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/5/24
AYES: Newman, Jones, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Homeless and foster youth
SOURCE: John Burton Advocates for Youth
National Center for Youth Law
DIGEST:
This bill eliminates the “school district waiver” that currently allows school districts to shift the provision of direct services to the Foster Youth Services Coordinating Program (FYSCP).
Senate Floor Amendments of 8/22/24 narrow the scope of this bill by striking all provisions related to local control and accountability plans.
ANALYSIS:
Existing federal law:
- Defines, in the McKinney-Vento Act, “homeless children and youths” as individuals who lack a fixed, regular, and adequate nighttime residence, and includes:
- Children who are sharing the housing of others due to economic hardship, are living in motels, hotels, trailer parks, or campgrounds due to the lack of alternative accommodations, are living in emergency or transitional shelters, or are abandoned in hospitals;
- Children who have a primary nighttime residence not designed or ordinarily used for sleeping;
- Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
- Migratory children who are living in the circumstances described above. (United States Code (USC), Title 42, § 11434a)
- Requires LEAs to designate an appropriate staff person as a liaison for homeless children and youth. (42 USC § 11432(g)(1)(J)(ii))
Existing state law:
- Establishes the FYSCP, administered by the Superintendent of Public Instruction (SPI), to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that LEAs within its jurisdiction are providing services to foster youth, with the purpose of ensuring positive educational outcomes. Existing law requires a FYSCP to meet minimum standards established by the SPI. (Education Code (EC) § 42920.5)
- Authorizes a county offices of education, or a consortium of county offices of education, to apply to the SPI 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. (EC § 42921)
- Requires each FYSCP to have at least one person identified as the foster youth educational services coordinator. (EC § 42921)
- Requires, as a condition of receiving funds, each FYSCP to develop and implement a foster youth services coordinating plan to establish guiding principles and protocols to provide supports for foster care students aligned with the established population priorities. (EC § 42921)
- Authorizes a school district to enter into a temporary agreement with the FYSCP to directly provide tutoring, mentoring, and counseling (if those services are established as needed and identified by the appropriate school district, in collaboration with the county child welfare agency or county probation department), if the school district annually certifies in writing to the FYSCP that it is unable, using any other state, federal, local, or private funds, to provide, those services. This is known as a “school district” waiver.
- Requires each LEA to designate a staff person as the educational liaison for foster youth. (EC § 48853.5)
This bill:
- Eliminates the “school district waiver” that currently allows school districts to certify that they are unable to provide direct services, whereby the FYSCP would then provide those direct services. Specifically, this bill eliminates the reference to school districts entering into a temporary agreement with FYSCPs to provide those services, and specifies that it is the FYSCP’s foster youth educational services coordinator, rather than the school district, who is to determine if the program’s coordinating activities are unable to secure tutoring, mentoring or counseling services and therefore authorize the program to directly provide those services to the student.
- Specifies that a FYSCP may directly provide tutoring, mentoring or counseling services to a foster youth student if it is determined that the program is unable to secure, rather than unable to provide, those services.
- Provides that tutoring, mentoring, or counseling services are established as needed and identified by the foster youth educational services coordinator, rather than by the school district, in collaboration with the county child welfare agency or county probation department.
Comments
- Foster Youth Services Coordinating Programs. The SPI administers the FYSCPs through county offices of education that choose to receive additional funding to provide support services to foster youth. AB 854 (Weber, Chapter 781, Statutes of 2015) restructured the existing Foster Youth Services program by shifting the primary function from direct services to coordination and allowing program funds to be used to support all students in foster care, irrespective of placement. This shift in focus was made under the premise that the newly-enacted Local Control Funding Formula meant that school districts were eligible to receive additional funding for “unduplicated pupils” (foster youth, English learners, and low-income) supplemental and concentration grants, and the Foster Youth Services categorical funds could be devoted to coordination efforts on behalf of foster youth, rather than for direct services.
This bill returns, in part, the authority for direct services for foster youth to be provided through the FYSCP, by eliminating the “school district waiver” and authorizing the FYSCP to provide tutoring, mentoring, and counseling to a foster youth if the foster youth educational services coordinator determines that it is in the best interest of the foster youth. The most recent FYSCP report recommends removing the annual school district waiver requirements (see comment below). - FYSCP report and recommendations. Existing law requires the SPI to provide a biennial report to the Legislature and Governor with specified information about the FYSCP and recommendations regarding the effectiveness and continuation of the FYSCP. As noted in the Assembly Education Committee analysis, the most recent report (2022) found the FYSCPs have demonstrated substantial progress in building collaborative relationships among various agencies and systems that work with foster youth, focusing support on data sharing, transportation procedures to support school stability, learning support, and college and career transitions. The interagency collaborative relationships developed by the FYSCPs have resulted in the expanded capacity of providing comprehensive services to foster youth and the improvement in their academic outcomes. The report recommends, among other things, to amending existing law to remove the annual LEA waiver requirements to provide direct services to foster youth. This bill implements that recommendation.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, to the extent that the bill results in the delivery of more direct services for foster youth students by removing the “school district waiver”, there could be additional, unknown Proposition 98 General Fund cost pressures on the program. The 2023-24 Budget includes $32 million for the FYSCP.
SUPPORT: (Verified 8/22/24)
John Burton Advocates for Youth (co-source)
National Center for Youth Law (co-source)
Alameda County Office of Education
California Academy of Child and Adolescent Psychiatry
California Alliance of Caregivers
California Alliance of Child and Family Services
California Competes: Higher Education for A Strong Economy
California Legislative Women's Caucus
CFT- A Union of Educators & Classified Professionals, AFT, AFL-CIO
Children Now
Doing Good Works
Foster Greatness
iFoster
Los Angeles County Office of Education
Pasadena City College-Next Up Program
PERK Advocacy
Safe Place for Youth
SchoolHouse Connection
Students Rising Above
OPPOSITION: (Verified 8/22/24)
None received
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Lynn Lorber / ED. / (916) 651-4105
8/23/24 21:36:22
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2137 |
THIRD READING
Bill No: AB 2137
Author: Quirk-Silva (D), et al.
Amended: 6/11/24 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/5/24
AYES: Newman, Jones, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Homeless and foster youth
SOURCE: John Burton Advocates for Youth
National Center for Youth Law
DIGEST:
This bill, among other things, (a) expands the activities that must occur before the governing board of a school district considers the adoption of a local control and accountability plan (LCAP) or an annual update to LCAP, to include consultation with the homeless liaison and foster youth liaison to develop specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities; (b) requires the instructions for the State Board of Education (SBE)-adopted LCAP template to specify, beginning with LCAPs for the 2025–26 school year, that local educational agencies (LEAs) with a number of homeless students identified that is less than 10 percent of the number of the districts students identified as eligible for free or reduced-price meals, must include a description of how the LEA has implemented or intends to implement the existing requirement to identify all homeless youth and unaccompanied youth enrolled in the LEA; and, (c) eliminates the “school district waiver” that currently allows school districts to shift the provision of direct services to the Foster Youth Services Coordinating Program (FYSCP).
ANALYSIS:
Existing federal law:
- Defines, in the McKinney-Vento Act, “homeless children and youths” as individuals who lack a fixed, regular, and adequate nighttime residence, and includes:
- Children who are sharing the housing of others due to economic hardship, are living in motels, hotels, trailer parks, or campgrounds due to the lack of alternative accommodations, are living in emergency or transitional shelters, or are abandoned in hospitals;
- Children who have a primary nighttime residence not designed or ordinarily used for sleeping;
- Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
- Migratory children who are living in the circumstances described above. (United States Code (USC), Title 42, § 11434a)
- Requires LEAs to designate an appropriate staff person as a liaison for homeless children and youth. (42 USC § 11432(g)(1)(J)(ii)).
Existing state law:
- Establishes the FYSCP, administered by the Superintendent of Public Instruction (SPI), to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that LEAs within its jurisdiction are providing services to foster youth, with the purpose of ensuring positive educational outcomes. Existing law requires a FYSCP to meet minimum standards established by the SPI. (Education Code (EC) § 42920.5)
- Authorizes a county offices of education, or a consortium of county offices of education, to apply to the SPI 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. (EC § 42921)
- Requires each FYSCP to have at least one person identified as the foster youth educational services coordinator. (EC § 42921)
- Requires, as a condition of receiving funds, each FYSCP to develop and implement a foster youth services coordinating plan to establish guiding principles and protocols to provide supports for foster care students aligned with the established population priorities. (EC § 42921)
- Authorizes a school district to enter into a temporary agreement with the FYSCP to directly provide tutoring, mentoring, and counseling (if those services are established as needed and identified by the appropriate school district, in collaboration with the county child welfare agency or county probation department), if the school district annually certifies in writing to the FYSCP that it is unable, using any other state, federal, local, or private funds, to provide, those services. This is known as a “school district” waiver.
- Requires each LEA to designate a staff person as the educational liaison for foster youth. (EC § 48853.5)
- Requires LEAs to adopt and annually revise an LCAP, establishing annual goals and identifying specific actions, in the eight state priority areas.
(EC § 52060, § 47604.33, § 47606.5, and § 52064) - Requires the LCAP instructions developed by the SBE to specify that beginning with the 2024–25 school year, LEAs are required to include specific actions in their LCAP to address all instances where a school or student group within a LEA, or within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard. (EC § 52064(e)(6))
This bill:
- Expands the activities that must occur before the governing board of a school district considers the adoption of a LCAP or an annual update to LCAP, to include both of the following:
- The superintendent of the school district must consult with the LEA’s homeless liaison while developing specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities, and also specify number of homeless students identified that is less than 10 percent of the number of the district’s students identified as eligible for free or reduced-price meals.
- The superintendent of the school district must consult with its foster youth liaison to develop specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities.
- The superintendent of the school district must consult with the LEA’s homeless liaison while developing specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities, and also specify number of homeless students identified that is less than 10 percent of the number of the district’s students identified as eligible for free or reduced-price meals.
- Replicates the provisions in #5 to be relevant to the development and adoption of LCAPs and annual updates by county boards of education.
- Requires the instructions for the SBE-adopted LCAP template to specify, beginning with LCAPs for the 2025–26 school year, that LEAs with a number of homeless students identified that is less than 10 percent of the number of the district’s students identified as eligible for free or reduced-price meals, must include a description of how the LEA has implemented or intends to implement the existing requirement to identify all homeless youth and unaccompanied youth enrolled in the LEA.
- Requires the instructions for the SBE-adopted LCAP template to require, beginning with LCAPs for the 2025–26 school year, LEAs that had homeless youth or foster youth receive the lowest performance level on one or more state indicators on the California School Dashboard in the preceding year to develop any specific actions in the LCAP, in consultation with the homeless liaison and the foster youth liaison.
- Eliminates the “school district waiver” that currently allows school districts to certify that they are unable to provide direct services, whereby the FYSCP would then provide those direct services. Specifically, this bill eliminates the reference to school districts entering into a temporary agreement with FYSCPs to provide those services, and specifies that it is the FYSCP’s foster youth educational services coordinator, rather than the school district, who is to determine if the program’s coordinating activities are unable to secure tutoring, mentoring or counseling services and therefore authorize the program to directly provide those services to the student.
- Specifies that a FYSCP may directly provide tutoring, mentoring or counseling services to a foster youth student if it is determined that the program is unable to secure, rather than unable to provide, those services.
- Provides that tutoring, mentoring, or counseling services are established as needed and identified by the foster youth educational services coordinator, rather than by the school district, in collaboration with the county child welfare agency or county probation department.
Comments
- Need for the bill. According to the author, “Research shows that these students who are experiencing homelessness or are foster youth face immense challenges in attaining a high school diploma and successfully matriculating to higher education. While schools are improving in identifying homeless students, many districts still report zero cases or likely underreport, denying these students the specialized assistance mandated by law. Fiscal concerns should not hinder our state’s provide services to foster youth and those experiencing homelessness. It is precisely during these times that we must think creatively to ensure that the allocated funding and resources are used optimally for the benefit of these students. AB 2137 utilizes existing resources to enhance direct student support, streamline collaboration of services, and reduce gaps in financial aid application completion to further improve outcomes for foster youth and students who experience homelessness.”
- Local Control and Accountability Plans. Existing law requires LEAs, beginning with LCAPs for the 2024–25 school year, to include specific actions in their LCAP to address all instances where a school or student group within the LEA receives the lowest performance level on one or more state indicators on the California School Dashboard. This bill requires LEAs to consult with the homeless liaisons for the development of the LCAP to address all instances where homeless students received the lowest performance level on one or more state indicators on the California School Dashboard. This bill also requires LCAPs for LEAs that have identified fewer homeless youth than 10 percent of their students who are eligible for free- or reduced-price meals, to include a description of how the LEA has or will implement the requirement to identify all homeless youth and unaccompanied youth.
- Foster Youth Services Coordinating Programs. The SPI administers the FYSCPs through county offices of education that choose to receive additional funding to provide support services to foster youth. AB 854 (Weber, Chapter 781, Statutes of 2015) restructured the existing Foster Youth Services program by shifting the primary function from direct services to coordination and allowing program funds to be used to support all students in foster care, irrespective of placement. This shift in focus was made under the premise that the newly-enacted Local Control Funding Formula meant that school districts were eligible to receive additional funding for “unduplicated pupils” (foster youth, English learners, and low-income) supplemental and concentration grants, and the Foster Youth Services categorical funds could be devoted to coordination efforts on behalf of foster youth, rather than for direct services.
This bill returns, in part, the authority for direct services for foster youth to be provided through the FYSCP, by eliminating the “school district waiver” and authorizing the FYSCP to provide tutoring, mentoring, and counseling to a foster youth if the foster youth educational services coordinator determines that it is in the best interest of the foster youth. The most recent FYSCP report recommends removing the annual school district waiver requirements (see comment #4). - FYSCP report and recommendations. Existing law requires the SPI to provide a biennial report to the Legislature and Governor with specified information about the FYSCP and recommendations regarding the effectiveness and continuation of the FYSCP.
As noted in the Assembly Education Committee analysis, the most recent report (2022) found the FYSCPs have demonstrated substantial progress in building collaborative relationships among various agencies and systems that work with foster youth, focusing support on data sharing, transportation procedures to support school stability, learning support, and college and career transitions. The interagency collaborative relationships developed by the FYSCPs have resulted in the expanded capacity of providing comprehensive services to foster youth and the improvement in their academic outcomes. The report recommends, among other things, to amending existing law to remove the annual LEA waiver requirements to provide direct services to foster youth. This bill implements that recommendation.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, this bill would impose the following costs:
- By requiring each county superintendent of schools to consult with homeless youth liaisons and foster youth liaisons, as specified, and make the required changes to their LCAPs, this bill could result in additional, unknown Proposition 98 General Fund costs. These activities could be deemed to a reimbursable state mandate.
- The California Department of Education estimates General Fund costs of $167,000 each year to support 1.0 position to assist local educational agencies (LEAs) and county offices of education in developing, updating, and adopting their LCAPs with a new template that includes instructions that directs them to consider the number of homeless students that are identified, and ensuring the identification of these students.
- To the extent that the bill results in the delivery of more direct services for foster youth students by removing the “school district waiver”, there could be additional, unknown Proposition 98 General Fund cost pressures on the program. The 2023-24 Budget includes $32 million for the FYSCP.
SUPPORT: (Verified 8/15/24)
John Burton Advocates for Youth (Co-Source)
National Center for Youth Law (Co-Source)
Alameda County Office of Education
CFT- A Union of Educators & Classified Professionals, AFT, AFL-CIO
California Academy of Child and Adolescent Psychiatry
California Alliance of Caregivers
California Alliance of Child and Family Services
California Competes: Higher Education for A Strong Economy
California Legislative Women's Caucus
Children Now
Doing Good Works
Foster Greatness
iFoster
Los Angeles County Office of Education
Pasadena City College-Next Up Program
PERK Advocacy
Safe Place for Youth
SchoolHouse Connection
Students Rising Above
OPPOSITION: (Verified 8/15/24)
None received
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Lynn Lorber / ED. / (916) 651-4105
8/18/24 9:07:23
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2137 (Quirk-Silva) - Homeless and foster youth
Version: June 11, 2024 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: June 17, 2024 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill would make several changes to the Foster Youth Services Coordinating Program (FYSCP) to ensure the coordination of school-related services for foster youth and pupils experiencing homelessness. This bill also expands the activities that must occur before a school district considers the adoption of a local control and accountability plan (LCAP) or an annual update to LCAP, to include the consultation of homeless and foster youth liaisons in the development of school-related services for foster youth and pupils experiencing homelessness.
Fiscal Impact:
- By requiring each county superintendent of schools to consult with homeless youth liaisons and foster youth liaisons, as specified, and make the required changes to their LCAPs, this bill could result in additional, unknown Proposition 98 General Fund costs. These activities could be deemed to a reimbursable state mandate.
- The California Department of Education estimates General Fund costs of $167,000 each year to support 1.0 position to assist local educational agencies (LEAs) and county offices of education (COEs) in developing, updating, and adopting their LCAPs with a new template that includes instructions that directs them to consider the number of homeless students that are identified, and ensuring the identification of these students.
- To the extent that the bill results in the delivery of more direct services for foster youth students by removing the “school district waiver”, there could be additional, unknown Proposition 98 General Fund cost pressures on the program. The 2023-24 Budget includes $32 million for the FYSCP.
Background:
Existing law establishes the FYSCP, administered by the Superintendent of Public Instruction (SPI), to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that LEAs within its jurisdiction are providing services to foster youth, with the purpose of ensuring positive educational outcomes.
Existing law authorizes a county office of education, or a consortium of county offices of education, to apply to the SPI 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 law also requires each FYSCP to have at least one person identified as the foster youth educational services coordinator.
Existing law requires, as a condition of receiving funds, each FYSCP to develop and implement a foster youth services coordinating plan to establish guiding principles and protocols to provide supports for foster care students aligned with the established population priorities. The law authorizes a school district to enter into a temporary agreement with the FYSCP to directly provide tutoring, mentoring, and counseling (if those services are established as needed and identified by the appropriate school district, in collaboration with the county child welfare agency or county probation department), if the school district annually certifies in writing to the FYSCP that it is unable, using any other state, federal, local, or private funds, to provide, those services.
Existing federal law defines, in the McKinney-Vento Act, “homeless children and youths” as individuals who lack a fixed, regular, and adequate nighttime residence, and includes: children who are sharing the housing of others due to economic hardship, are living in motels, hotels, trailer parks, or campgrounds due to the lack of alternative accommodations, are living in emergency or transitional shelters, or are abandoned in hospitals; children who have a primary nighttime residence not designed or ordinarily used for sleeping; children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and migratory children who are living in the circumstances described above. Existing law requires LEAs to designate an appropriate staff person as a liaison for homeless children and youth.
Existing law requires LEAs to adopt and annually revise an LCAP, establishing annual goals and identifying specific actions, in the eight state priority areas. Existing law requires the LCAP instructions developed by the SBE to specify that beginning with the 2024–25 school year, LEAs are required to include specific actions in their LCAP to address all instances where a school or student group within a LEA, or within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard.
Proposed Law:
This bill expands the activities that must occur before the governing board of a school district considers the adoption of a LCAP or an annual update to LCAP, to include both of the following:
- The superintendent of the school district must consult with the LEA’s homeless liaison while developing specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities, and also specify number of homeless students identified that is less than 10 percent of the number of the district’s students identified as eligible for free or reduced-price meals.
- The superintendent of the school district must consult with its foster youth liaison to develop specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities.
This bill requires the instructions for the SBE-adopted LCAP template to specify, beginning with LCAPs for the 2025–26 school year, that LEAs with a number of homeless students identified that is less than 10 percent of the number of the district’s students identified as eligible for free or reduced-price meals, must include a description of how the LEA has implemented or intends to implement the existing requirement to identify all homeless youth and unaccompanied youth enrolled in the LEA.
This bill requires the instructions for the SBE-adopted LCAP template to require, beginning with LCAPs for the 2025–26 school year, LEAs that had homeless youth or foster youth receive the lowest performance level on one or more state indicators on the California School Dashboard in the preceding year to develop any specific actions in the LCAP, in consultation with the homeless liaison and the foster youth liaison.
This bill eliminates the “school district waiver” that currently allows school districts to certify that they are unable to provide direct services, whereby the FYSCP would then provide those direct services. Specifically, this bill eliminates the reference to school districts entering into a temporary agreement with FYSCPs to provide those services, and specifies that it is the FYSCP’s foster youth educational services coordinator, rather than the school district, who is to determine if the program’s coordinating activities are unable to secure tutoring, mentoring or counseling services and therefore authorize the program to directly provide those services to the student.
This bill specifies that a FYSCP may directly provide tutoring, mentoring or counseling services to a foster youth student if it is determined that the program is unable to secure, rather than unable to provide, those services. It also provides that tutoring, mentoring, or counseling services are established as needed and identified by the foster youth educational services coordinator, rather than by the school district, in collaboration with the county child welfare agency or county probation department.
Related Legislation:
AB 2165 (Reyes, 2024) would require that LEAs take specific actions prior to exempting a student from the requirement to complete the FAFSA or CDAA, and requires that LEAs post specified data on exemptions on their websites. AB 2165 is pending in the Senate Education Committee.
AB 3223 (Wilson, 2024) would expand eligibility for FYSCP services to youth who are subject to a juvenile court petition and who have been identified as being at imminent risk of removal and placement into foster care. AB 3223 is pending in this Committee.
Staff Comments:
The SPI administers the FYSCP through COEs to provide support services to foster youth, and also coordinates instruction, counseling, tutoring, mentoring, vocational training, training for independent living, and other related services. The 2023-24 Budget includes $32 million for the program. The FTSCP was restructured by AB 854 (Weber, Chapter 781, Statutes of 2015) to shift the primary function from direct services to coordination and allowed program funds to be used to support all students in foster care, irrespective of placement. This bill would return the authority for direct services for foster youth to be provided through the FYSCP by eliminating the “school district waiver” and authorizing the FYSCP to provide tutoring, mentoring, and counseling to a foster youth if the foster youth educational services coordinator determines that it is in the best interest of the foster youth.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: AB 2137 Hearing Date: June 5, 2024
Author: | |||
Version: | April 11, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: Homeless and foster youth.
SUMMARY
This bill, among other things, (1) expands the activities that must occur before the governing board of a school district considers the adoption of a local control and accountability plan (LCAP) or an annual update to LCAP, to include consultation with the homeless liaison and foster youth liaison to develop specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities; (2) requires the instructions for the State Board of Education (SBE)-adopted LCAP template to specify, beginning with LCAPs for the 2025–26 school year, that local educational agencies (LEAs) with a number of homeless students identified that is less than 10 percent of the number of the districts students identified as eligible for free or reduced-price meals, must include a description of how the LEA has implemented or intends to implement the existing requirement to identify all homeless youth and unaccompanied youth enrolled in the LEA; and, (3) eliminates the “school district waiver” that currently allows school districts to shift the provision of direct services to the Foster Youth Services Coordinating Program (FYSCP).
BACKGROUND
Existing federal law:
Homeless youth
- Defines, in the McKinney-Vento Act, “homeless children and youths” as individuals who lack a fixed, regular, and adequate nighttime residence, and includes:
- Children who are sharing the housing of others due to economic hardship, are living in motels, hotels, trailer parks, or campgrounds due to the lack of alternative accommodations, are living in emergency or transitional shelters, or are abandoned in hospitals;
- Children who have a primary nighttime residence not designed or ordinarily used for sleeping;
- Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
- Migratory children who are living in the circumstances described above. (United States Code, Title 42, § 11434a)
- Requires LEAs to designate an appropriate staff person as a liaison for homeless children and youth. (42 USC § 11432(g)(1)(J)(ii)).
Existing state law:
Foster youth
- Establishes the FYSCP, administered by the Superintendent of Public Instruction (SPI), to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that LEAs within its jurisdiction are providing services to foster youth, with the purpose of ensuring positive educational outcomes. Existing law requires a FYSCP to meet minimum standards established by the SPI. (EC § 42920.5)
- Authorizes a county offices of education, or a consortium of county offices of education, to apply to the SPI 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. (EC § 42921)
- Requires each FYSCP to have at least one person identified as the foster youth educational services coordinator. (EC § 42921)
- Requires, as a condition of receiving funds, each FYSCP to develop and implement a foster youth services coordinating plan to establish guiding principles and protocols to provide supports for foster care students aligned with the established population priorities. (EC § 42921)
- Authorizes a school district to enter into a temporary agreement with the FYSCP to directly provide tutoring, mentoring, and counseling (if those services are established as needed and identified by the appropriate school district, in collaboration with the county child welfare agency or county probation department), if the school district annually certifies in writing to the FYSCP that it is unable, using any other state, federal, local, or private funds, to provide, those services. This is known as a “school district” waiver.
- Requires each LEA to designate a staff person as the educational liaison for foster youth. (EC § 48853.5)
LCAPs
- Requires LEAs to adopt and annually revise an LCAP, establishing annual goals and identifying specific actions, in the eight state priority areas.
(EC § 52060, § 47604.33, § 47606.5, and § 52064) - Requires the LCAP instructions developed by the SBE to specify that beginning with the 2024–25 school year, LEAs are required to include specific actions in their LCAP to address all instances where a school or student group within a LEA, or within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard.
(EC § 52064(e)(6))
Financial aid forms
- Requires the governing body of a LEA to confirm that a student complies with at least one of the following:
- The student completes and submits to the United States Department of Education a Free Application for Federal Student Aid (FAFSA).
- The student completes and submits to the Student Aid Commission a California Dream Act Application (CADAA), if the student is exempt from paying non-resident tuition, as specified. (EC § 51225.7)
ANALYSIS
This bill:
LCAPs
- Expands the activities that must occur before the governing board of a school district considers the adoption of a LCAP or an annual update to LCAP, to include both of the following:
- The superintendent of the school district must consult with the LEA’s homeless liaison while developing specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities, and also specify number of homeless students identified that is less than 10 percent of the number of the district’s students identified as eligible for free or reduced-price meals.
- The superintendent of the school district must consult with its foster youth liaison to develop specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities.
- The superintendent of the school district must consult with the LEA’s homeless liaison while developing specific actions in the LCAP or annual update to the LCAP to address and reduce disparities in opportunities and outcomes between pupil groups, and address any locally identified priorities, and also specify number of homeless students identified that is less than 10 percent of the number of the district’s students identified as eligible for free or reduced-price meals.
- Replicates the provisions in #5 to be relevant to the development and adoption of LCAPs and annual updates by county boards of education.
- Requires the instructions for the SBE-adopted LCAP template to specify, beginning with LCAPs for the 2025–26 school year, that LEAs with a number of homeless students identified that is less than 10 percent of the number of the district’s students identified as eligible for free or reduced-price meals, must include a description of how the LEA has implemented or intends to implement the existing requirement to identify all homeless youth and unaccompanied youth enrolled in the LEA.
- Requires the instructions for the SBE-adopted LCAP template to require, beginning with LCAPs for the 2025–26 school year, LEAs that had homeless youth or foster youth receive the lowest performance level on one or more state indicators on the California School Dashboard in the preceding year to develop any specific actions in the LCAP, in consultation with the homeless liaison and the foster youth liaison.
Foster Youth Services – school district waiver
- Eliminates the “school district waiver” that currently allows school districts to certify that they are unable to provide direct services, whereby the FYSCP would then provide those direct services. Specifically, this bill eliminates the reference to school districts entering into a temporary agreement with FYSCPs to provide those services, and specifies that it is the FYSCP’s foster youth educational services coordinator, rather than the school district, who is to determine if the program’s coordinating activities are unable to secure tutoring, mentoring or counseling services and therefore authorize the program to directly provide those services to the student.
- Specifies that a FYSCP may directly provide tutoring, mentoring or counseling services to a foster youth student if it is determined that the program is unable to secure, rather than unable to provide, those services.
- Provides that tutoring, mentoring, or counseling services are established as needed and identified by the foster youth educational services coordinator, rather than by the school district, in collaboration with the county child welfare agency or county probation department.
Financial aid forms
- Requires LEAs to submit a copy of any opt-out forms for foster youth (from the requirement to complete the FAFSA or CADAA) to the FYSCP no later than 14 calendar days following the date that the opt-out form is completed.
STAFF COMMENTS
- Need for the bill. According to the author, “Research shows that these students who are experiencing homelessness or are foster youth face immense challenges in attaining a high school diploma and successfully matriculating to higher education. While schools are improving in identifying homeless students, many districts still report zero cases or likely underreport, denying these students the specialized assistance mandated by law. Fiscal concerns should not hinder our state’s provide services to foster youth and those experiencing homelessness. It is precisely during these times that we must think creatively to ensure that the allocated funding and resources are used optimally for the benefit of these students. AB 2137 utilizes existing resources to enhance direct student support, streamline collaboration of services, and reduce gaps in financial aid application completion to further improve outcomes for foster youth and students who experience homelessness.”
- Local Control and Accountability Plans. Existing law requires LEAs, beginning with LCAPs for the 2024–25 school year, to include specific actions in their LCAP to address all instances where a school or student group within the LEA receives the lowest performance level on one or more state indicators on the California School Dashboard. This bill requires LEAs to consult with the homeless liaisons for the development of the LCAP to address all instances where homeless students received the lowest performance level on one or more state indicators on the California School Dashboard. This bill also requires LCAPs for LEAs that have identified fewer homeless youth than 10 percent of their students who are eligible for free- or reduced-price meals, to include a description of how the LEA has or will implement the requirement to identify all homeless youth and unaccompanied youth.
- Foster Youth Services Coordinating Programs. The SPI administers the FYSCPs through county offices of education that choose to receive additional funding to provide support services to foster youth. AB 854 (Weber, Chapter 781, Statutes of 2015) restructured the existing Foster Youth Services program by shifting the primary function from direct services to coordination and allowing program funds to be used to support all students in foster care, irrespective of placement. This shift in focus was made under the premise that the newly-enacted Local Control Funding Formula meant that school districts were eligible to receive additional funding for “unduplicated pupils” (foster youth, English learners, and low-income) supplemental and concentration grants, and the Foster Youth Services categorical funds could be devoted to coordination efforts on behalf of foster youth, rather than for direct services.
This bill returns, in part, the authority for direct services for foster youth to be provided through the FYSCP, by eliminating the “school district waiver” and authorizing the FYSCP to provide tutoring, mentoring, and counseling to a foster youth if the foster youth educational services coordinator determines that it is in the best interest of the foster youth. The most recent FYSCP report recommends removing the annual school district waiver requirements (see comment #4). - FYSCP report and recommendations. Existing law requires the SPI to provide a biennial report to the Legislature and Governor with specified information about the FYSCP and recommendations regarding the effectiveness and continuation of the FYSCP.
As noted in the Assembly Education Committee analysis, the most recent report (2022) found the FYSCPs have demonstrated substantial progress in building collaborative relationships among various agencies and systems that work with foster youth, focusing support on data sharing, transportation procedures to support school stability, learning support, and college and career transitions. The interagency collaborative relationships developed by the FYSCPs have resulted in the expanded capacity of providing comprehensive services to foster youth and the improvement in their academic outcomes. The report recommends, among other things, to amending existing law to remove the annual LEA waiver requirements to provide direct services to foster youth. This bill implements that recommendation. - Financial aid forms. Existing law requires LEAs to confirm that all high school seniors have completed a FAFSA or CADAA, but allows LEAs to submit an opt-out form on behalf of students determined to be unable to fulfill this requirement. This bill requires LEAs to submit a copy of any opt-out forms for foster youth to the FYSCP no later than 14 calendar days following the date that the opt-out form is completed.
Committee staff believes that the federal Family Educational Rights and Privacy Act (FERPA) may prohibit school districts from disclosing information that is contained in the FAFSA or CADAA to a FYSCP (which are operated by county offices of education) without consent of the parent or eligible student. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose personally identifiable information from students’ education records, without consent, to specified parties or under specified conditions. (Code of Federal Regulations, Title 34, § 99.31) Examples of allowable disclosures without consent include disclosures to:- Other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.
- Officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.
- Authorized representatives of state and local educational officials.
- The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid or amount of aid.
- Other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.
Committee staff encourages the author to resolve this question and clarify any privacy issues in this bill.
- Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose the following costs:
- Potential, minor, ongoing Proposition 98 General Fund cost shifts within the annual funding allocations to COEs from the Foster Youth Services Coordinating Program if this bill results in more foster students receiving services.
- Minor ongoing Proposition 98 General Fund costs to LEAs to provide opt-out forms from FAFSA or CDAA to Foster Youth Services Coordinating Programs.
- Minor, one-time General Fund costs to the California Department of Education to ensure that the instructions developed by the State Board of Education used to complete and annually update the LCAP include certain elements.
- Minor, ongoing Proposition 98 General Fund costs to each county superintendent of schools to consultant with homeless youth liaisons and foster youth liaisons.
- Related legislation.
AB 2165 (Reyes, 2024) would require that LEAs take specific actions prior to exempting a student from the requirement to complete the FAFSA or CDAA, and requires that LEAs post specified data on exemptions on their websites. AB 2165 is pending in this committee.
AB 3223 (Wilson, 2024) would expand eligibility for FYSCP services to youth who are subject to a juvenile court petition and who have been identified as being at imminent risk of removal and placement into foster care. AB 3223 is scheduled to be heard in this committee on June 5, 2024.
SUPPORT
John Burton Advocates for Youth (Co-Sponsor)
National Center for Youth Law (Co-Sponsor)
Alameda County Office of Education
California Alliance of Caregivers
California Competes: Higher Education for A Strong Economy
Children Now
Doing Good Works
iFoster
Los Angeles County Office of Education
Pasadena City College-Next Up Program
Safe Place for Youth
SchoolHouse Connection
Students Rising Above
OPPOSITION
None received
-- END --
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2137
Author:(Quirk-Silva) – As Amended Ver:April 11, 2024
Policy Committee: | Education | Vote: | 7 - 0 |
Human Services | 6 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill makes make several changes to existing plans and services to ensure the coordination of school-related services for foster youth and pupils experiencing homelessness.
Specifically, this bill:
- Permits, if a foster youth services coordinator annually determines that the coordinator is unable, through coordinating activities required under existing law and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupil’s school district, and if those services are established as needed and identified by the coordinator, the Foster Youth Services Coordinating Program to provide those services to the pupil.
- Requires, for pupils who are foster youth, the local educational agency (LEA) to submit a copy of opt-out forms related to the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application (CDAA) to the Foster Youth Services Coordinating Program no later than 14 calendar days following the date that the opt-out form was completed.
- Requires, before the governing board of a school district considers an adoption or annual update to the Local Control Accountability Plan (LCAP), the superintendent of the school district to consult with the district’s foster youth and homeless youth liaisons.
- Requires the instructions developed by the State Board of Education used to complete and annually update the LCAP to:
- Specify that a local education agency (LEA) with a number of homeless pupils identified that is less than 10% of the number of pupils identified as eligible for free or reduced-price meals, to include a description of how the LEA has implemented or will implement existing law requiring an LEA to ensure that each school it oversees identifies all homeless youth and unaccompanied youth enrolled at the school.
- Require a LEA that has homeless pupils or foster pupils that receive the lowest performance level on one or more state indicators on the California School Dashboard to develop actions to address their performance in consultation with homeless and foster youth liaisons.
- Requires each county superintendent of schools to consultant with homeless youth liaisons and foster youth liaisons to ensure its county LCAP addresses requirements that schools identify all homeless and unaccompanied youths enrolled at the school and to address all instances where pupils received the lowest performance level on one or more state indicators on the Dashboard.
FISCAL EFFECT:
- Potential, minor, ongoing Proposition 98 General Fund cost shifts within the annual funding allocations to COEs from the Foster Youth Services Coordinating Program if this bill results in more foster students receiving services.
- Minor ongoing Proposition 98 General Fund costs to LEAs to provide opt-out forms from FAFSA or CDAA to Foster Youth Services Coordinating Programs.
- Minor, one-time General Fund costs to the California Department of Education to ensure that the instructions developed by the State Board of Education used to complete and annually update the LCAP include certain elements.
- Minor, ongoing Proposition 98 General Fund costs to each county superintendent of schools to consultant with homeless youth liaisons and foster youth liaisons.
If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.
COMMENTS:
- Purpose. According to the author:
Research shows that these students who are experiencing homelessness or are foster youth face immense challenges in attaining a high school diploma and successfully matriculating to higher education. While schools are improving in identifying homeless students, many districts still report zero cases or likely underreport, denying these students the specialized assistance mandated by law.
- Background.
Foster Youth Services Coordinating Program. The California Department of Education administers the Foster Youth Services Coordinating Program through county offices of education (COE) to provide support services for foster youth and coordinates instruction, counseling, tutoring, mentoring, vocational training, training for independent living, and other related services. The program is funded with Proposition 98 General Fund annually at a set amount, with periodic cost of living adjustments. Each of the state’s 58 COEs receive program funding, with 70% of funding is allocated based on the number of foster youths in the county and the remaining 30% based on the number of school districts in the county. Each county receives base funding of $75,000. The 2023-24 Budget Act provides $32 million to the program.
FAFSA and CDAA. The FAFSA is a federal form a student must fill out to access state, federal, and institutional student financial aid for postsecondary education. The CDAA is the state’s equivalent of the FAFSA and was developed for undocumented students because they cannot use the FAFSA. Current law requires an LEA to confirm that a pupil it serves completes the FAFSA or CDAA in their 12th grade year unless a parent, legal guardian, or the pupil themselves if they are emancipated or 18 or older, submits an opt-out form.
Local Control Funding Formula (LCFF), LCAPs, and the California School Dashboard. LEAs with higher portions of disadvantaged students receive significantly more Proposition 98 General Fund general purpose funding through the LCFF than school districts with lower portions of disadvantaged students. Current law requires each LEA in the state to adopt and annually revise its LCAP. An LCAP is a strategic plan for an LEA to improve its student outcomes. The California School Dashboard is a public website with school performance data for every LEA and school in California.
- Related Legislation. AB 3223 (Wilson) ensures youth who are subject to a juvenile court petition and who have been identified as being at imminent risk of removal and placement into foster care to the list of youth eligible to receive services through the Foster Youth Services Coordinating Program. The bill is pending in this committee.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 23, 2024
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Alex Lee, Chair
ABPCA Bill Id:AB 2137 (
Author:Quirk-Silva) – As Amended Ver:April 11, 2024
SUBJECT: Homeless and foster youth
SUMMARY: Revises requirements related to foster youth services coordinating program (FYSCP) coordinating plans, and the adoption and annual updates of local control and accountability plans (LCAPs), as it relates to homeless and foster youth. Specifically, this bill:
- Permits, if a foster youth services (FYS) coordinator annually determines that they are unable, through coordinating activities required under existing law and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupil’s school district, and if those services are established as needed and identified by the FYS coordinator, the FYSCP to provide those services to the pupil.
- Specifies that “foster youth” has the same meaning as defined in the Education Code, and includes a foster child who is detained in a county-operated juvenile detention facility.
- Requires, for pupils who are foster youth, the local educational agency (LEA) to submit a copy of opt-out forms related to the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application (CADAA) to the FYSCP no later than 14 calendar days following the date that the opt-out form was completed.
- Requires, before the governing board of a school district considers the adoption or annual update to the LCAP, the superintendent of the school district to consult with its foster youth and homeless youth liaisons.
- Requires the instructions developed by the state board used to complete and annually update the LCAP, to specify, beginning with LCAPs for the 2025-26 school year, that school districts, county offices of education (COEs), and charter schools with a number of homeless pupils identified that is less than 10% of the number of pupils identified as eligible for free or reduced-price meals, for purposes of determining the local control funding formula (LCFF) allocation under the LCFF for the previous year, shall include a description of how the school district, COE, or charter school has implemented or intends to implement existing law requiring an LEA to ensure that each school within the LEA identifies all homeless children and youths and unaccompanied youths enrolled at the school.
- Stipulates the instructions developed by the state board used to complete and annually update the LCAP, beginning with LCAPs for the 2025-26 school year, shall require school districts, COEs, and charter schools that had homeless pupils or foster pupils to receive the lowest performance level on one or more state indicators on the California School Dashboard (Dashboard) within the LEA, or within a school, in the year preceding the adoption of the LCAP, to develop actions to address instances where a school or pupil group within an LEA, or a school, receives the lowest performance level on one or more state indicators on the Dashboard, in consultation, for homeless pupils, with the homeless liaison and, for foster pupils, with the foster youth liaison.
- Adds to the requirements that must be considered before the county board of education adopts or annually updates the LCAP to include a requirement for the county superintendent of schools to consult with the homeless and foster liaisons to address the requirement for LEAs to identify all homeless and unaccompanied youths enrolled at the school and to address all instances where pupils received the lowest performance level on one or more state indicators on the Dashboard.
EXISTING LAW:
State law:
- Requires LEAs to ensure that each school within the LEA identifies all homeless children and youths and unaccompanied youths enrolled at the school. (Education Code [EDC] § 48851)
- Defines “foster child” to mean any of the following:
- A child who has been removed from their home and taken into temporary custody;
- A child who is the subject of a petition, as defined, whether or not the child has been removed from their home;
- A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law; or,
- A child who is the subject of a voluntary placement agreement, as defined. (EDC § 48853.5(a))
- Confers certain rights on all children placed in foster care, including the right to be represented by an attorney to advocate for the child’s protection, safety, and well-being. (Welfare and Institutions Code § 16001.9(a)(33))
- Establishes the FYSCP, administered by the Superintendent of Public Instruction (SPI), to provide supplemental funding to COEs, or a consortium of COEs, to coordinate and ensure that LEAs within its jurisdiction are providing services to foster youth pupils, with the purpose of ensuring positive educational outcomes. Requires a FYSCP to meet minimum standards established by the SPI. (EDC § 42920.5)
- Requires each LEA to designate a staff person as the educational liaison for foster children. (EDC § 48853.5)
- Requires a school district, charter school, or COE to create a website containing the list of LEA liaisons for pupils in foster care and pupils who are homeless with contact information, and information on homelessness including educational rights and resources in that school district, charter school, or the California Department of Education (CDE). (EDC § 48852.6)
Federal law:
- Defines, in the McKinney-Vento Act, “homeless children and youths” as individuals who lack a fixed, regular, and adequate nighttime residence, and includes:
- Children who are sharing the housing of others due to economic hardship, are living in motels, hotels, trailer parks, or campgrounds due to the lack of alternative accommodations, are living in emergency or transitional shelters, or are abandoned in hospitals;
- Children who have a primary nighttime residence not designed or ordinarily used for sleeping;
- Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and,
- Migratory children who are living in the circumstances described above. (United States Code [U.S.C.] Title 42 § 11434(a))
- Provides a homeless student with specific rights and protections, including the right to immediate enrollment, and the right to continue education at the student’s school of origin for the duration of the student’s homelessness, according to the child’s or youth’s best interest. (U.S.C. Title 42 § 11432 (g))
- Requires each LEA liaison for homeless children and youths, to ensure that homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies. (U.S.C. Title 24 § 11432(g)(6)(A)(i))
FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.
COMMENTS:
Background: Foster Youth Services Coordinating Programs play a crucial role in coordinating between LEAs and county child welfare agencies. Data show FYSCPs enhance the identification and enrollment of students who are placed in foster care, safeguard their educational rights, and improve high school graduation and college enrollment rates.
The current statutory framework restricts FYSCPs from providing direct services to foster youth students unless LEAs certify in writing that they are “unable, using any other state, federal, local, or private funds, to provide the direct services” being offered by FYSCPs. The Author reports this requirement has proven to be a barrier to foster youth students receiving essential services like tutoring, mentoring, and counseling. This bill removes the requirement for the written certification and instead authorizes the FYS coordinator to make this determination annually in order for FYSCPs to directly provide those services to the pupil.
Since 1981, CDE has administered a statewide grant program, the Foster Youth Services Program, now referred to as the FYSCP, which provides funding to COEs to improve interagency support for students in foster care. In order to coordinate services across county agencies, county FYSCPs developed memorandums of understanding (MOUs) with county child welfare agencies for the purpose of drawing down Title IV-E federal dollars for eligible case management activities that support the coordination of services for foster youth. The FYSCPs also developed policies and procedures for information-sharing among county agencies concerning foster youth. This shared information is used by education, child welfare, and probation agencies to track the progress of foster youth in both care and education and, when needed, quickly transfer students between districts. The county-administered FYSCPs have also developed agreements to address transportation to a child’s school of origin to promote school stability.
Some of the types of educational case management activities that can be included in these MOUs enumerate what the COEs agree to provide, such as working with the child welfare department to minimize changes in school placement; assisting with the prompt transfer of educational records, including the health and education passport, between educational institutions when placement changes are necessary; and, facilitating communication between the education rights holder, the foster care provider, teacher, and any other school staff or education service providers for the child. In 2003, through the enactment of AB 490, (Steinberg), Chapter 862, Statutes of 2003, LEAs that operate a FYSCP are required to appoint a staff person to act as an educational liaison for foster youth. The liaison helps to ensure proper placement, enrollment in school, and to assist them in transferring from one school to another by seeing that necessary records, credits, and grades are transferred.
This bill would require the superintendent of the school district to consult with its foster youth liaison when developing actions or annually updating the LCAP to address requirements to include specific actions in the LCAP to address all instances where a school or pupil group within an LEA, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the Dashboard.
Free Application for Federal Student Aid and the California Dream Act Application: The FAFSA and CADAA are used to determine student financial aid eligibility. Students who are United States (U.S.) citizens, national, or permanent residents of the U.S. can complete the FAFSA to determine their eligibility for federal and state financial aid. The CADAA is used to determine eligibility for state financial aid for California students who are not U.S. citizens, national, or permanent residents. The California Dream Act and corresponding financial aid application (the CADAA) are unrelated to the federal Deferred Action for Childhood Arrivals (DACA) program. Completion of either the FAFSA or the CADAA is required to establish financial eligibility for many grants and scholarships, including the Cal Grant, Middle Class Scholarship, Chafee Grant for foster youth, University of California Grants, California State University Grants, some university scholarships, and some private scholarships administered by campuses. Current and prospective college students who do not complete the FAFSA or CADAA lose the opportunity to apply for substantial amounts of financial aid. Starting in the 2022-23 academic school year, high schools, and LEAs are required to ensure that all 12th graders in the state of California complete a FAFSA or CADAA, unless the student has formally submitted an opt-out waiver. The California Student Aid Commission is the state agency responsible for administering state financial aid and has an initiative entitled the All In for FAFSA/CA Dream Act to assist school districts with ensuring that high school seniors complete and submit their FAFSA or CADAA. With the implementation of these efforts, FAFSA completion rates for all students increased from 57% to 74%, however, rates for foster youth increased from 62.6% to just 65%. This bill would allow FYSCPs to better track students who opt out of completion, by requiring LEAs to send a copy of FAFSA and CADAA opt-out forms to the FYSCP no later than 14 calendar days following the date that the opt-out form was completed.
Educational Outcomes for Foster Youth. Students in foster care represent one of the most vulnerable and academically at-risk student groups enrolled in California schools. CDE monitors the educational outcomes for foster youth and partners with multiple state agencies and nonprofit organizations to ensure these students receive the supports and services they need.
California’s foster youth have the poorest education outcomes of any students, due in large part to their school instability. Data show that youth in foster care change schools an average of eight times while in care, losing four to six months of learning with each move. Youth in foster care graduate at a rate of only 56% (compared to 85% of all students), 15% are suspended at least once per year (compared to 4% of all students), 28% are chronically absent (compared to 12% of all students), and math and English language test scores are consistently far below their peers. To address this issue, existing law ensures youth in foster care the right to remain stable in school by staying in their school of origin, despite a home placement change, and federal law created a corresponding right to transportation to the school of origin, as established in the Every Student Succeeds Act, signed into law by President Obama on December 10, 2015.
Homeless Youth in California. The McKinney-Vento Homeless Assistance Act (Act) is a federal law that, among other requirements, requires public schools to count the number of students who are living on the street, in shelters, motels, in cars, or with other families. The Act further requires school districts, COEs, and charter schools to hire a local liaison who must ensure that homeless youth are identified and coordinate education services to increase their chances of succeeding academically. This bill would require the instructions developed by the state board used to complete and annually update the LCAP, to specify that schools reporting a number of homeless pupils that is less than 10% of the number of pupils eligible for free or reduced-price meals, to include a description of how the school district, COE, or charter school has implemented or intends to implement existing law requiring an LEA to ensure that each school identifies all homeless children and youths and unaccompanied youths enrolled at the school.
According to the United States Department of Housing and Urban Development’s (HUD’s) 2023 Annual Homeless Assessment Report (HAR) to Congress, states that there are 25,483 people experiencing homelessness in families with children in California. The report says that 46 in every 10,000 people experienced sheltered homelessness in California and that a total of 181,399 people were experiencing homelessness in the state in 2023. Data from CDE’s 2019-20 Homeless Youth Educational Outcomes report shows that 244,626 homeless youth were enrolled from kindergarten through Grade 12, which was a 9% decrease from 2018-19. The report also stated that Black students make up 5.4% of statewide enrollment, but represent 9% of homeless students. Latino students make up 55% of statewide enrollment but represent 71% of homeless students.
According to the 2023 HAR, between 2007 and 2023, the number of people experiencing homelessness increased in 25 states. The largest absolute increase was in California reporting an additional 42,413 more people experiencing homelessness.
People experiencing homelessness face a variety of challenges including food and income insecurity, as well as health problems; the homeless population faces a higher risk of exposure to communicable diseases such as COVID-19, influenza, strep throat, sexually transmitted diseases, Hepatitis C, HIV/AIDS, and tuberculosis, among others. Relatedly, CDE’s report states that the chronic absence rate for homeless youth was nearly two times that for all students, while the homeless youth graduation rate was 15% lower than the rate for non-homeless students.
Author’s Statement: According to the Author, “Research shows that these students who are experiencing homelessness or are foster youth face immense challenges in attaining a high school diploma and successfully matriculating to higher education. While schools are improving in identifying homeless students, many districts still report zero cases or likely underreport, denying these students the specialized assistance mandated by law.
“Fiscal concerns should not hinder our state’s provide services to foster youth and those experiencing homelessness. It is precisely during these times that we must think creatively to ensure that the allocated funding and resources are used optimally for the benefit of these students. [This bill] utilizes existing resources to enhance direct student support, streamline collaboration of services, and reduce gaps in financial aid application completion to further improve outcomes for foster youth and students who experience homelessness.”
Equity Implications: The provisions of this bill are focused on improving outcomes for California’s foster youth and students who experience homelessness, by utilizing existing resources to enhance direct student support, streamline better collaboration of services, and reduce gaps in financial aid application completion. Research has consistently shown that California’s foster youth experience low educational outcomes, and data has shown the same dismal outcomes for youth experiencing homelessness while juggling the demands of a K-12 education. Due to the lower rates of educational success and support, foster youth often experience poor outcomes later in life, including higher unemployment, homelessness, and incarceration rates than their peers. Homeless youth are also at a disadvantage when compared to their non-homeless peers and also graduate at a lower rate. This bill is seeking to remove barriers for the vulnerable foster youth and homeless population enrolled in school.
Double referral: This bill was previously heard in the Assembly Education Committee, on April 3, 2024, and was approved on consent with a 7-0 vote.
RELATED AND PRIOR LEGISLATION:
AB 3223 (Wilson), of the current legislative session, permits a child who is the subject of a petition filed pursuant to a violation of laws and who has been identified as being at imminent risk of removal and placement into foster care, to be served by the FYSCP. AB 3223 is pending before this committee and set for a hearing on April 23, 2024.
AB 373 (Gipson), Chapter 327, Statutes of 2023, required an LEA operating an intersession program to grant priority access to homeless and foster children and youth.
AB 1055 (Ramos), Chapter 237, Statutes of 2021, revised the definition of students in foster care for purposes of the LCFF and for purposes of specified educational rights of students in foster care, including the right to remain in the school of origin, to include those students subject to a voluntary placement agreement and by eliminating the requirement that a dependent child of the court of an Indian tribe also meet the definition of a dependent child of a county court.
SB 860 (Beall), Chapter231, Statutes of 2020, required FYSCPs to ensure, to the extent possible, that youth in foster care complete the FAFSA or CADAA, and requires a FYSCP to report data on how many students in foster care completed these forms.
SB 918 (Wiener), Chapter 841, Statutes of 2018, established the Homeless Youth Act of 2018 to better serve the state’s homeless youth population and required the Homeless Coordinating and Financing Council (now known as the California Interagency Council on Homelessness) to take on additional related responsibilities, including setting goals to prevent and end homelessness among youth in the state, defining outcome measures, and gathering data related to those goals.
SB 933 (Thompson), Chapter 311, Statutes of 1998, expanded the FYS program statewide through COEs, and targeted funding to students residing in licensed children’s institutions.
AB 1808 (Steinberg), Chapter 75, Statutes of 2006, expanded the FYS program to serve youth in foster family homes, foster family agencies, and juvenile detention facilities.
REGISTERED SUPPORT / OPPOSITION:
Support
National Center for Youth Law (Co-Sponsor)
Access Reproductive Justice
Alameda County Office of Education
Alliance for Children's Rights
Aspiranet
California Academy of Child and Adolescent Psychiatry
California Alliance of Caregivers
California Alliance of Child and Family Services
California Coalition for Youth
California Competes: Higher Education for A Strong Economy
California Federation of Teachers AFL-CIO
California School-Based Health Alliance
CASA of Los Angeles
Children Now
Children's Law Center of California
Coalition of California Welfare Rights Organizations
East Bay Children's Law Offices
John Burton Advocates for Youth
Los Angeles County Office of Education
MILPA Collective
Northern California College Promise Coalition
Optimist Youth Homes & Family Services
Orangewood Foundation
Safe Place for Youth
SchoolHouse Connection
Students Rising Above
TLC Child and Family Services Transition Age Youth Housing Programs
Twinspire
Women's Foundation California
Woodland Community College Foster & Kinship Care Education
Young Women's Freedom Center
Youth Leadership Institute
Opposition
None on file.
Analysis Prepared by: Jessica Langtry / HUM. S. / (916) 319-2089
Date of Hearing: April 3, 2024
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
ABPCA Bill Id:AB 2137 (
Author:Quirk-Silva) – As Amended Ver:March 7, 2024
[Note: This bill was double referred to the Assembly Human Services Committee and will be heard by that Committee as it relates to issues under its jurisdiction.]
SUBJECT: Homeless and foster youth
SUMMARY: Makes several changes to existing services and plans to ensure the coordination of school-related services for foster youth and pupils experiencing homelessness. Specifically, this bill:
- Authorizes, the foster youth services coordinating program (FYSCP) to provide tutoring, mentoring, and counseling to the pupil, if a foster youth educational services coordinator determines that it is in the best interest of a foster youth to do so. Requires that any services provided by a FYSCP be coordinated with the pupil’s school.
- Requires, if a local educational agency (LEA) exempts a foster youth from having to complete the Free Application for Federal Student Aid (FAFSA), or the California Dream Act Application (CADAA), the LEA to submit a copy of the opt-out forms to the FYSCP no later than 14 calendar days after the form was completed.
- Requires, before the governing board of a school district, county office of education (COE) or charter school considers the adoption of a Local Control and Accountability Plan (LCAP) or annual update to the LCAP, the superintendent to consult with its homeless liaison to develop actions in the LCAP or annual update to the LCAP to ensure that each school within the school district, COE, and charter school identify all homeless children and unaccompanied youths enrolled at the school.
- Requires the instructions developed by the State Board of Education (SBE) to specify, beginning with LCAP plans for the 2025-26 school year, that school districts, COEs, and charter schools include a description of how the school district, COE, or charter school has implemented or intends to implement the requirement to ensure that each school within an LEA identify all homeless children and unaccompanied youths enrolled at the school for those with a number of homeless pupils identified that is less than 10% of the number of pupils identified as eligible for free or reduced-price meals, for purposes of determining the local control funding formula (LCFF) allocation; and
- Requires the instructions developed by the SBE to specify, beginning with LCAP plans for the 2025-26 school year, that school districts, COEs, and charter schools include specific actions, developed with the homeless liaison, to address homeless pupils for those that had homeless pupils receive the lowest performance level on one or more state indicators on the California School Dashboard (Dashboard) within the school district, COE, and charter school, or within a school, in the year preceding the adoption of the LCAP.
- Requires the county superintendent of schools to consult with the designated homeless liaison to determine appropriate and specific actions for homeless pupils to be included in the LCAP or annual update to the LCAP.
EXISTING LAW:
- Defines, in the McKinney-Vento Act, “homeless children and youths” as individuals who lack a fixed, regular, and adequate nighttime residence, and includes:
- Children who are sharing the housing of others due to economic hardship, are living in motels, hotels, trailer parks, or campgrounds due to the lack of alternative accommodations, are living in emergency or transitional shelters, or are abandoned in hospitals;
- Children who have a primary nighttime residence not designed or ordinarily used for sleeping;
- Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
- Migratory children who are living in the circumstances described above. (USC Title 42 Section 11434(a))
- Provides a homeless student with specific rights and protections, including the right to immediate enrollment, and the right to continue education at the student’s school of origin for the duration of the student’s homelessness, according to the child’s or youth’s best interest. (USC Title 42 Section 11432 (g))
- Requires a local educational agency (LEA) to ensure that each school within the LEA identifies all homeless children and youths and unaccompanied youths enrolled at the school. (Education Code (EC) 48851)
- Confers certain rights on all children placed in foster care, including the right to be represented by an attorney to advocate for the child’s protection, safety, and well-being. (Welfare and Institutions Code 16001.9(a)(33))
- Establishes, commencing with the 2015–16 fiscal year, and each fiscal year thereafter, the FYSCP, administered by the Superintendent of Public Instruction (SPI), to provide supplemental funding to COEs, or a consortium of COEs, to coordinate and ensure that LEAs within its jurisdiction are providing services to foster youth pupils, with the purpose of ensuring positive educational outcomes. Requires a FYSCP to meet minimum standards established by the SPI. (EC 42920.5)
- Requires each LEA to designate a staff person as the educational liaison for foster children. (EC 48853.5)
- Requires each LEA liaison for homeless children and youths, to ensure that homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies. (USC Title 24 Section 11432(g)(6)(A)(i))
- Requires a school district, charter school, or COE to create a website containing the list of LEA liaisons for pupils in foster care and pupils who are homeless with contact information, and information on homelessness including educational rights and resources in that school district, charter school, or CDE. (EC 48852.6)
- Requires, as a part of the adopted course of study for grades 7 to 12, commencing with the 2022–23 school year, as specifies, the governing body of an LEA to confirm that a pupil complies with at least one of the following:
- The pupil completes and submits to the United States Department of Education a FAFSA.
- If the pupil is exempt from paying nonresident tuition, the pupil completes and submits to the Student Aid Commission a form established for purposes of the CADAA. (EC 51225.7)
- Requires LEAs to adopt and annually revise LCAPs, establishing annual goals and identifying specific actions, in the eight state priority areas. (EC 52060, 47604.33, 47606.5, 52064)
- Requires governing boards of school districts and county boards of education when adopting an LCAP and an annual update to undertake specified community input activities. (EC 52060 and 52064)
- Requires the SBE to adopt LCAP templates to be used by school districts, county superintendents of schools, and charter schools. (EC 52060, 47604.33, 47606.5, 52064)
- Requires, on or before July 1, 2015, and each year thereafter, a school district to update the LCAP. Requires the annual update to be developed using a template adopted by the state board. (EC 52061)
- Requires the LCAP instructions developed by the to specify that beginning with the 2024–25 school year, school districts, COEs, and charter schools to include specific actions in the LCAP to address all instances where a school or pupil group within a school district, COE, and charter school, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the Dashboard. (EC 52064(e)(6))
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. According to the author, “Research shows that these students who are experiencing homelessness or are foster youth face immense challenges in attaining a high school diploma and successfully matriculating to higher education. While schools are improving in identifying homeless students, many districts still report zero cases or likely underreport, denying these students the specialized assistance mandated by law.
Fiscal concerns should not hinder our state’s provide services to foster youth and those experiencing homelessness. It is precisely during these times that we must think creatively to ensure that the allocated funding and resources are used optimally for the benefit of these students. AB 2137 utilizes existing resources to enhance direct student support, streamline collaboration of services, and reduce gaps in financial aid application completion to further improve outcomes for foster youth and students who experience homelessness.”
Foster Youth Services Coordinating Programs. The California Department of Education (CDE) administers the FYSCPs through COEs to provide support services to foster children who suffer the traumatic effects of displacement from family and schools and multiple placements in foster care. These FYSCPs have the ability and authority to ensure that health and school records are obtained to establish appropriate placements and coordinate instruction, counseling, tutoring, mentoring, vocational training, emancipation services, training for independent living, and other related services. The goal of FYSCPs is to increase the stability of placements for foster children and youth. The services are designed to improve the children's educational performance and personal achievement, directly benefiting them as well as providing long-range cost savings to the state.
The program began in 1981 as a pilot program in four school districts, was expanded the program statewide through COEs in 1998, and was expanded again in 2006 to include additional eligible students. In 2013, the LCFF eliminated approximately three-quarters of all K-12 education categorical programs, but Foster Youth Services (FYS) is one of the few programs that has remained “outside” as a dedicated funding source.
FYSCP report and recommendations. The CDE is required to provide a biannual report to the Legislature and Governor with the activities of California’s FYSCP and student learning outcomes of foster youth. Related to the learning outcomes for foster youth there were notable improvements during the reporting period (the 2019–20 and 2020–21 school years):
- Increased high school graduation rate of 2.6% for foster youth between 2019 and 2021, compared to the rate for non-foster youth of 0.5%;
- Increased foster youth school stability rates by 6% between the 2019-20 and 2020-21 school years;
- Increased foster youth FAFSA/CADAA completion rates from 2019–20 to 2020–21 by 4.4%; and
- Decrease in the statewide juvenile detention rate for foster youth by 2.4% from 2019–20 to 2020–21, representing more than 1,100 fewer foster youth receiving instruction in a juvenile detention facility.
According to the CDE, the FYSCPs have demonstrated substantial progress in building collaborative relationships among various agencies and systems that work with foster youth, focusing support on data sharing, transportation procedures to support school stability, learning support, and college and career transitions. The interagency collaborative relationships developed by the FYSCPs have resulted in the expanded capacity of providing comprehensive services to foster youth and the improvement in their academic outcomes. The data show that the FYSCP helped to:
- Increase the school stability rate. There was an increase of six percentage points in foster youth stability rates between the 2019–20 and 2020–21 FYs. This large increase in the rate is a significant step toward closing the opportunity gap between foster and non-foster youth.
- Decrease the statewide juvenile detention rate for foster youth by 2.4 percentage points from 2019–20 to 2020–21, representing more than 1,100 fewer foster youth receiving instruction in a juvenile detention facility. This illustrates significant and continued success for the foster youth population and speaks to the coordinated efforts to decrease school changes for foster youth.
- Increase the high school graduation rate. The two-year increase in the foster youth graduation rate of 2.6 percentage points is much higher than the non-foster youth 0.5 percent increase from 2018 to 2020. This larger increase in graduation rate is a significant step toward closing the opportunity gap between foster youth and non-foster youth.
- Increase foster youth FAFSA/CADAA completion rates from 2019–20 to 2020–21 by 4.4 percentage points.
- Coordinate services and information with LEAs and other partners to obtain necessary records to determine appropriate school placements and coordinate instruction.
- Increase collaboration and build capacity among partner agencies and systems in order to increase access to meaningful educational support for foster youth.
- Provide guidance and support to LEAs on the development of integrated policy and practice for LCAP to engage in effective program planning for foster youth under LCFF.
- Provide direct service and referrals for educational support services, vocational training, and training for independent living.
- Develop formal agreements to formalize collaboration among county agencies to optimize resources and eliminate redundant services.
To improve the program, the CDE recommends:
- Amending EC Section 42921(e)(2)(A) to remove the annual LEA waiver requirements to provide direct services to foster youth;
- Securing funding to support district foster youth educational liaison positions, and
- Continuation of the funding of the FYSCP to ensure the support infrastructure remains in place.
Providing tutoring, mentoring, and counseling to foster youth through FYSCP. AB 854 (Weber) Chapter 781, Statutes of 2015, restructured the existing FYS program by shifting the primary function from direct services to coordination and allowing program funds to be used to support all students in foster care, irrespective of placement. This was due in part to acknowledge that school districts were now eligible to receive additional funding for unduplicated pupils (foster youth, English learners, and low-income) supplemental and concentration grants under the enactment of the LCFF in 2013, and FYSCP categorical funds could be devoted to coordination efforts on behalf of foster youth, rather than for direct services (tutoring, mentoring, etc.) to foster youth. AB 854 established an annual LEA waiver requirement for school districts that requested to provide these direct services. This bill proposes to, in part, return the authority of school districts to provide direct services for foster youth through FYSCP, by authorizing the FYSCP to provide tutoring, mentoring, and counseling to the pupil, if a foster youth educational services coordinator determines that it is in the best interest of a foster youth to do so, and requires that any services provided by an FYSCP be coordinated with the pupil’s school. The most recent FYSCP report recommends removing the annual school district waiver requirements to provide direct services to foster youth. Staff recommends that the bill be amended to provide some additional flexibility to FYSCPs while maintaining the intent of earlier efforts at prioritizing the coordinating role of FYSCPs.
Foster youth outcomes often lag behind those of other students. Under California’s LCFF, a child in foster care is any one of the following: a child subject to a juvenile dependency court petition, whether or not removed from the home; a youth who is the subject of a juvenile delinquency court petition and has been removed from the home and placed in foster care; a youth aged 18–21 in “extended foster care” enrolled in high school; a youth removed from the home under a voluntary placement agreement (between the parents and the county welfare department); or a youth who is a dependent of a tribal court.
The majority of students in foster care are students of color, and African American students are disproportionately represented. In 2018–19, around 18% of California’s K–12 youth in foster care were African American, compared to just 5% African American students in the overall student population. The majority of students in foster care were Latino/a (55%), which matches the percentage of Latino/a students in the statewide student population. California students in foster care are also more likely than the general population to identify as LGBTQ. A 2019 study using a statewide sample of California students ages 10–18 found that 30% of students in foster care identified as LGBTQ, compared to an estimated 11% among similar-age nonfoster students. Students in foster care are also disproportionately likely to be eligible for special education services. In 2018–19, 31% of students in foster care were eligible for special education, compared to just 13% of their non-foster peers. Students in foster care also include “dual system” students—those involved with both the child welfare and the juvenile justice systems. (Burns, 2022)
Districts with students in foster care receive LCFF funding to support their learning needs. In particular, districts receive increased funding based on the unduplicated percentage of enrolled students from low-income families, English learners, and students in foster care. However, students in foster care do not actually generate additional funding because they are already considered eligible for free meals. Researchers suggest that their inclusion in LCFF unduplicated counts brings important visibility to this student group and means that the needs of students in foster care should be considered in LCAPs, in which districts specify learning goals for included student groups and create plans to achieve those goals. County offices of education must also include measures of progress for students in foster care in the Dashboard, the state’s accountability system. (Burns, 2022)
According to the CDE’s 2022 Dashboard, there are 31,060 foster youth enrolled in California public schools. Students in foster care represent one of the most vulnerable and academically at-risk student groups enrolled in California schools. The instability in home and school placements often negatively impacts students’ learning achievement. In California, foster youth perform lower on all educational outcomes than any other student group in the state including homeless youth, English learners, and socioeconomically disadvantaged students. Foster youth data on the 2022 Dashboard shows:
- 42.1% of foster students were chronically absent versus 30% of all students;
- 12.4% of foster students were suspended from school one or more times versus 3.1% of all students;
- Foster students were 85.6 points below the state standard on the Smarter Balanced Assessment in English Language Arts (versus all students at 12.2 points below standard);
- Foster students were 126.3 points below the state standard on the Smarter Balanced Assessment in mathematics (versus 51.7 points below for all students); and
- 64.1% of foster pupils graduated from high school versus 87.4% of all students.
Research further confirms the challenges and outcomes facing foster youth:
- 66% of students in foster care remained in the same school through the 2018-19 year, while 95% of non-foster students did so;
- 71% of students in foster care changed school during the school year in at least one of our years from 2015-16 to 2018-19, compared to 15% of all other students;
- 24% of students in foster care met or exceeded standards in English Language Arts in 2018-19, compared to 51% of other students; and
- 15% of students in foster care met or exceeded standards in mathematics in 2018-19, compared to 40% of other students. (Burns, 2022)
How many California students experience homelessness? California schools identify homeless students using the definition of homeless students in the federal McKinney-Vento Act, which defines “homeless children and youths” as:
- Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;
- Children and youth who may be living in motels, hotels, trailer parks, or shelters;
- Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;
- Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
- Migratory children who qualify as homeless because they are children who are living in similar circumstances listed above.
According to the CDE, in 2020-21 there were 183,312 California public school students who met the federal definition of homelessness. This represents 3% of the total California public school student population. Over 17% of the students experiencing homelessness in the U.S. reside in California (Federal Data Summary, Education for Homeless Children and Youth, 2020). According to a 2020 report by the UCLA Center for Transformation of Schools titled State of Crisis: Dismantling Student Homelessness in California, African American and Latino students are disproportionately represented among students experiencing homelessness.
Youth experiencing homelessness have poor educational outcomes. Research suggests that students experiencing homelessness hold educational aspirations like those of their peers—to graduate from high school and go on to college. What separates students experiencing homelessness from their peers are the challenges of their circumstances, often due to the cumulative effects of poverty and the instability and disruption of social relationships associated with high mobility. (Burns, 2021)
California students who experience homelessness have a significantly higher risk of poor educational outcomes than other students. The CDE’s 2022 Dashboard data shows:
- 45.1% of homeless students were chronically absent, versus 30% of all students;
- 5.5% of homeless students were suspended from school one or more times, versus 3.1% of all students;
- Homeless students were 62.9 points below standard on the Smarter Balanced Assessment in English Language Arts (versus all students at 12.2 below standard);
- Homeless students were 101.8 points on the Smarter Balanced Assessment in Mathematics (versus 51.7 points below for all students); and
- 74.4% of homeless students graduated from high school versus 87.4% of all students.
Liaison for students experiencing homelessness. The federal McKinney-Vento Homeless Education Act requires every school district, county office of education, charter school, and special education local plan area to designate an appropriate person as liaison for children and youth experiencing homelessness. LEA liaisons have an obligation to support children and youth experiencing homelessness who are not in the physical custody of a parent or guardian (unaccompanied youth). LEA liaisons must help unaccompanied youth select a school of attendance, receive transportation to and from the school of origin, and obtain a prompt and fair resolution of any disputes. LEA liaisons must also inform unaccompanied youth of their status as “independent” students for the purpose of applying to FAFSA and help verify their status.
Financial aid for students. A FAFSA or CADAA allows students to be considered for financial aid and student loans. Completing a FAFSA or a CADAA provides access to students and their families with various financial aid options, allowing them to make an informed decision about pursuing a college, university, or vocational school.
AB 132 (Committee on Budget), Chapter 144, Statutes of 2021, requires, commencing with the 2022-2023 academic year, LEAs, including charter schools, to confirm that all high school seniors have completed a FAFSA or a CADAA. The California Student Aid Commission (CSAC) has developed a FAFSA and a CADAA opt-out form that has been approved through the state regulatory process and may be used as a template opt-out form for local schools. In California, only 53 percent of high school seniors completed a FAFSA or a CADAA in the 2021-2022. California currently ranks 17th in the country.
This bill requires if a school district, COE, or charter school exempts a foster youth from having to complete the FAFSA, or the CADAA, the school district, COE, or charter school to submit a copy of the opt-out forms to the FYSCP no later than 14 calendar days after the form was completed.
Local Control and Accountability Plans. The LCFF was established in the 2013-14 fiscal year to address the achievement gap by providing more equitable funding among LEAs, that is, to provide a higher level of funding to LEAs that enroll larger numbers of English learners, foster youth, and students eligible for free or reduced-price meals (unduplicated pupils) so they could provide those students with additional services and support. The reforms to the funding system were accompanied by changes to the state accountability system, including LCAPs. The LCAP is a three-year plan that describes the goals, actions, services, and expenditures to support positive student outcomes that address state and local priorities. The LCAP provides an opportunity for school districts, COEs, and charter schools to share their stories of how, what, and why programs and services are selected to meet their local needs. This bill would require a school district, COE, and charter school to consult with the homeless liaisons for the development of the LCAP.
Current law requires, beginning with LCAPs for the 2024–25 school year, school districts, COEs, and charter schools to include specific actions in the LCAP to address all instances where a school or pupil group within a school district, COE, and charter school, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the Dashboard. This bill would require a school district, COE, and charter school to consult with the homeless liaisons for the development of the LCAP to address all instances where homeless pupils, receive the lowest performance level on one or more state indicators on the Dashboard.
Further, this bill would require LCAPs to include a description of how a school district, COE, or charter school has implemented or intends to implement the requirement to ensure that each school within an LEA identifies all homeless children and unaccompanied youths enrolled at the school for those with a number of homeless pupils identified that is less than 10% of the number of pupils identified as eligible for free or reduced-price meals, for purposes of determining the LCFF allocation.
Recommended Committee Amendments. Staff recommends that the bill be amended as follows:
- Related to providing direct services in EC 42921 (e)(2)(A), if a foster youth educational services coordinator annually determines that it is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the FYSCP may provide those services.
Related legislation. AB 3223 (Wilson) of the 2023-24 Session permits a child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code (WIC) and who has been identified as being at imminent risk of removal and placement into foster care to be served by the FYSCP.
AB 373 (Gipson), Chapter 327, Statutes of 2023, requires an LEA operating an intersession program to grant priority access to homeless and foster children and youth.
AB 408 (Quirk-Silva), Chapter 904, Statutes of 2022, requires LEAs to establish homeless education program policies consistent with federal law, requires homeless education liaisons to offer training to specified school staff, and requires the CDE to develop a risk-based monitoring plan for homeless education requirements.
AB 740 (McCarty), Chapter 400, Statutes of 2022, extends the parental notification requirements currently in place for a student's involuntary transfer to a continuation school, suspension, or expulsion, in the case of a foster child, to the foster child's attorney and social worker, and, in the case of an Indian child, the child's tribal social worker and county social worker. This bill also provides a foster child's and Indian child's attorney and social worker with the same rights as parents during the involuntary transfer, suspension, or expulsion process, such as requests for meetings and the ability to inspect all documents.
AB 2375 (Luz Rivas), Chapter 912, Statutes of 2022, requires LEAs and charter schools to identify all homeless children and youth and unaccompanied youth enrolled at the school by administering a housing questionnaire based on specified best practices.
SB 532 (Caballero) Chapter 918, Statutes of 2022, expands the rights for foster youth, homeless youth, former juvenile court school students, children of military families, migratory children, and students participating in a newcomer program (highly mobile students) to be exempted from local graduation requirements if certain conditions are met; requires LEAs to provide these students the option to remain in school for a fifth year to complete the statewide coursework requirements if certain conditions are met; specifies the contents of transcripts when transferred to a new LEA; and requires LEAs to annually report to the CDE on the number of students, who in the prior school year, graduated with an exemption from the LEA's local graduation requirements.
SB 3 (Caballero) of the 2021-22 Session would have required the CDE, on or before July 1, 2023, to develop a LCAP portal that contains a database connected to a data entry tool that allows comprehensive analysis of LCAPs adopted by an LEA. This bill was held in the Assembly Education Committee.
AB 1055 (Ramos), Chapter 237, Statutes of 2021, revises the definition of students in foster care for purposes of the LCFF and for purposes of specified educational rights of students in foster care, including the right to remain in the school of origin, to include those students subject to a voluntary placement agreement and by eliminating the requirement that a dependent child of the court of an Indian tribe also meet the definition of a dependent child of a county court.
SB 860 (Beall) Chapter 231, Statutes of 2020, requires each COE FYSCP to ensure the students they serve in foster care fill out the forms necessary to receive financial aid for college. It also requires the SPI to report financial aid form completion information.
AB 150 (Cooper) of the 2019-20 Session would have required that, when a student in foster care and other specified students leave an LEA, the student be issued partial credit for coursework satisfactorily completed, requires that the new LEA contact the prior school to request that the students' full or partial credits be delivered on a transcript, and requires that partial credit earned in a prior school be accepted as credit in the subject in which the coursework was taken. This bill was held in the Senate Education Committee.
AB 967 (Smith) of the 2019-20 Session would have required school districts and charter schools to increase efforts to obtain stakeholder engagement while developing the LCAP, would have required school districts and charter schools to establish a LCAP foster youth advisory committee, and would have added requirements to the charter school LCAP development and review processes. This bill was vetoed by the Governor, with the following message:
This year's education budget trailer bill included several provisions that increase transparency around charter school LCAPs. These reforms will be in effect for the first time as charter schools develop their LCAPs this spring.
This bill imposes additional requirements on charter schools beyond what was reflected in the final 2019-2020 budget and other measures signed into law this year. I believe the recently enacted changes should be given a chance to work before these additional requirements should be considered.
AB 854 (Weber) Chapter 781, Statutes of 2015, restructures the existing FYS program by shifting the primary function from direct services to coordination and allows program funds to be used to support all students in foster care, irrespective of placement.
AB 224 (Jones-Sawyer) Chapter 554, Statutes of 2015, requires that a standardized notice of educational rights of foster youth be created and disseminated.
SB 933 (Thompson) Chapter 311, Statutes of 1998, expanded the FYS program statewide through county offices of education, and targeted funding to students residing in licensed children’s institutions.
AB 1808 (Steinberg) Chapter 75, Statutes of 2006, expanded the FYS program to serve youth in foster family homes, foster family agencies, and juvenile detention facilities.
Arguments in support. The California Children’s Law Center states, “AB 2137 builds on current regulations to streamline existing services for K-12 students in foster care and those experiencing homelessness. This legislation ensures educational professionals working with these students have the information and tools they need to provide the best support possible. AB 2317 is an important step towards California’s vision of educational equity, and for these reasons Children’s Law Center of California is proud to support this bill.”
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County Office of Education
Alliance for Children's Rights
Aspiranet
Beyond Emancipation
California Academy of Child and Adolescent Psychiatry
California Alliance of Caregivers
California Alliance of Child and Family Services
California Youth Connection (CYC)
Casa of Los Angeles
Children's Law Center of California
Children's Legal Services of San Diego
De Anza College
East Bay Children's Law Offices
Foster Greatness
Haven of Hope
Ifoster
John Burton Advocates for Youth
Los Angeles County Office of Education
National Center for Youth Law
Norco College - Special Funded Programs
Orange Coast College - Guardian Scholars Program
Orangewood Foundation
Pasadena City College-next Up Program
Peacock Acres INC.
Riverside City College - Guardian Scholars Program
Safe Place for Youth
San Bernardino County Superintendent of Schools
Schoolhouse Connection
Tlc Child and Family Services Transition Age Youth Housing Programs
University of California, Merced - Bright Success Center
University of California, Santa Barbara - Guardian Scholars Program
Woodland Community College Foster & Kinship Care Education
Opposition
None on file
Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087
Discussed in Hearing
1MIN
Assembly Floor
41SEC
Senate Floor
7MIN
Senate Standing Committee on Education
Bill Author
Bill Co-Author(s):
