AB 723: Pupil placement: special education: foster children: nonpublic, nonsectarian schools or agencies: school of origin.

Existing law requires a local educational agency serving a foster child to allow the foster child to remain at the childs school of origin upon the initial detention or placement, any subsequent change in placement, the termination of the courts jurisdiction, or pending resolution of a dispute regarding school of origin placement, as provided. Existing law defines school of origin as the school that the foster child attended when permanently housed or the school in which the foster child was last enrolled, except as specified.

Existing law sets forth a method for providing special education and related services to pupils who are individuals with exceptional needs, as defined. Existing law permits, under certain circumstances, contracts to be entered into for the provision of those services by nonpublic, nonsectarian schools or agencies, as defined. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified as meeting specified standards. Existing law sets forth the certification process and procedures for the nonpublic, nonsectarian schools or agencies that seek certification from the Superintendent of Public Instruction.

This bill would, for a foster child who is an individual with exceptional needs, define school of origin as also including a placement in a certified nonpublic, nonsectarian school, as provided. The bill would require, commencing with the 202425 school year, a nonpublic, nonsectarian school or agency seeking certification or already certified to agree in writing, for any foster child it serves, to be designated as the school of origin of the foster child and to allow the foster child to continue their education in the school, as specified.

This bill would incorporate additional changes to Section 48853.5 of the Education Code proposed by AB 373 to be operative only if this bill and AB 373 are enacted and this bill is enacted last.