BILL NUMBER: AB 854	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2015

INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 26, 2015

   An act to amend Sections 42920.5, 42921, 42922, 42923, and 42924
of, to add Sections 42921.5, 42926, and 42927 to, and to repeal and
add Sections 42920 and 42925 of, the Education Code, relating to
educational services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 854, as amended, Weber. Educational services: pupils in foster
care.
   (1) Existing law requires 6 specified foster children services
program sites to receive a certain allowance that is required to be
used exclusively for foster children services. Existing law
authorizes any county office of education, or consortium of county
offices of education, to apply to the Superintendent of Public
Instruction for grant funding, to the extent the funds are available,
to operate an education-based foster youth services program to
provide educational and support services for foster children who
reside in a licensed foster home or county-operated juvenile
detention facility, as specified.
   This bill would instead authorize a county office of education, or
consortium of county offices of education,  in addition to the 6
  specified program sites,  to apply to the
Superintendent for grant funding, to the extent funds are available,
to operate an education-based foster youth services program to
provide educational support for pupils in foster care.  The bill
also would provide, commencing with the 2016-17 fiscal year, that
each of the 6 specified program sites shall receive, in addition to
their local control funding formula apportionment, an allowance equal
to the amount the school district spent on foster children service
programs in the 2014-15 fiscal year. 
   (2) Existing law also requires each foster youth services program
to identify at least one person as the foster youth educational
services coordinator, if sufficient funds are available, and assigns
the foster youth  educational  services  program
  coordinator  certain responsibilities, and
requires him or her to facilitate the provision of educational
services, as provided, to certain foster youth. Existing law
authorizes a foster youth services program to prescribe a methodology
for determining which pupils may be served.
    This bill would instead require the identified foster youth
educational services coordinator to facilitate the provision of
educational support to any pupil in foster care residing or attending
school in the county, as specified. The bill would  require
  authorize  a foster youth services program, in
consultation with  school districts,  the county social
services  agency   agency,  and  the
 county probation department, to prescribe the methodology for
designing specific educational supports for pupils in foster care, as
specified. The bill would require each foster youth services program
to develop and implement a foster youth services plan, as specified,
and to  assist school districts in developing and
implementing   work with its county office of education
to ensure the implementation of  certain portions of 
their   county and school district  local control
and accountability plans, as specified. The bill would require each
foster youth services program to establish  an  
a local  interagency  oversight board,  
Executive Advisory Council,  as provided.  This
  The  bill  would require each foster
youth services program to assist school districts in specific ways,
and  would require each school district or charter school to
designate a schoolsite-based staff person as a liaison to pupils in
foster care if a schoolsite has one or more pupils in foster care,
and to provide the liaison's contact information to the  school
district foster youth services coordinator and the  county
foster youth services coordinator. By imposing additional duties on
school districts and charter schools, the bill would impose a
state-mandated local program.
    (3) Existing law requires the Superintendent, by February 15 of
each even-numbered year, to report to the Legislature and the
Governor on the foster children services provided by school
districts, as specified, and requires each school district providing
foster children services to report to the Superintendent, by January
1 of each even-numbered year, any information the Superintendent may
require for purposes of preparing the report.
   The bill would instead require each county office of education
providing foster youth services to report to the Superintendent, by
January 1 of each even-numbered year, any information the
Superintendent may require  and that is accessible to the foster
youth services program  for purposes of preparing the report
that is submitted to the Legislature and the Governor by February 15
of each even-numbered year, and would require the report to include
different information, including aggregate educational outcome data,
as specified.
   (4) Existing law provides that any school district which provides
educational services for foster children pursuant to the provisions
above shall receive funding in any fiscal year for those services
only by such sums as may be specifically appropriated by the annual
Budget Act of the Legislature for that fiscal year for support of
those school-centered foster children services which provide program
effectiveness and potential cost savings to the state.
   This bill would instead provide that a county office of education
that provides  education   educational 
support for pupils in foster care shall receive funding in any fiscal
year for that support only by such sums as may be specifically
appropriated by the annual Budget Act of the Legislature for that
fiscal year for support of foster youth services programs that
provide pupils in foster care with supplemental educational support.
The bill also would require county offices of education  with a
foster youth services program, to the exte   nt possible,
 to develop and enter into a memorandum of 
understanding   understanding, contract, or formal
agreement  with the county child welfare agency to leverage
funding, as specified.
    (5) This bill also would require the Superintendent to identify a
State Foster Youth Services Director within the State Department of
Education who would have certain responsibilities related to foster
youth services programs, and would authorize the State Foster Youth
Services Director to form an advisory committee, as specified. The
bill would also authorize the Superintendent to provide funding to
one or more local educational agencies to work with the State Foster
Youth Services Director to provide the statewide technical support
needed to improve the educational success of pupils in foster care,
as specified.
   (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42920 of the Education Code is repealed.
  SEC. 2.  Section 42920 is added to the Education Code, to read:
   42920.  The Legislature finds and declares all of the following:
   (a) Pupils in foster care represent one of the most vulnerable and
academically at-risk pupil groups enrolled in California schools.
The academic status of pupils in foster care is often profoundly
impacted by the foster care system in which many pupils in foster
care experience multiple placements with an average frequency of one
placement change every six months. Due to this movement, pupils in
foster care lose an average of four to six months of educational
attainment with each move. Therefore, it is essential to recognize,
identify, and plan for the critical and unique educational needs of
pupils in foster care.
   (b) A high percentage of pupils in foster care are working
substantially below grade level, and over one-half of the pupils in
foster care are retained at least one year in the same grade level.
Pupils in foster care earn lower grades and achieve lower scores on
standardized achievements tests in reading and mathematics, have
lower levels of engagement in school, and are half as likely as
pupils not in foster care to be involved in extracurricular
activities. The long-term consequences of poor academic experiences
are significant. Pupils in foster care are twice as likely as pupils
not in foster care to drop out of school before graduation and only
45 percent of pupils in foster care have graduated from high school
at the time of emancipation. Foster youth are similarly under
represented in college enrollment rates and dramatically underperform
their peers in relation to college completion. Pupils in foster care
are also subject to disproportionate levels of disciplinary
measures, including suspension and expulsion. It is imperative that
California close the foster youth achievement gap so that pupils in
foster care can realize their full potential, reach their college and
career goals, and become independent, productive members of society.

   (c) Foster youth are an especially vulnerable pupil population, as
they are often also members of other underserved pupil groups. In
2013, the demographic data of pupils in foster care in California
were as follows:
   (1) The largest ethnic group amongst pupils in foster care was
Hispanic, with nearly half of the population.
   (2) African American and Native American pupils continue to be
disproportionately represented in the child welfare system, as
researchers found that 26 percent of pupils in foster care were
African American despite African Americans only accounting for 7
percent of the pupil population in California, and 2 percent of
pupils in foster care were Native American despite Native Americans
only accounting for 1 percent of the pupil population in California.
   (3) Nearly one in five pupils in foster care had special education
needs, which is over twice the rate of the statewide pupil
population.
   (4) More than one in ten pupils in foster care were English
learners.
   (d) Compounded by the research that indicates that there is a need
for California to close the achievement gap between specific ethnic
pupil populations and white pupils, addressing the foster youth
achievement gap will further efforts that support education equity
for all pupils.
   (e) Given their current academic status, pupils in foster care are
more likely to achieve to their full potential when they are
provided services and programs designed to meet their particular
needs, including, but not limited to, supplemental instruction,
counseling, tutoring, and other support services.
   (f) Policies and laws addressing the educational rights of pupils
in foster care must be implemented so that pupils in foster care are
immediately enrolled in school, provided access to meaningful
opportunities to meet state  pupil  academic 
standards, educated in the least restrictive educational environment,
  achievement standards to which all pupils are held,
 and provided access to a rigorous curriculum, adequately
prepared to enter postsecondary education, and afforded the academic
resources, services, and extracurricular and enrichment activities
 made  available to other pupils enrolled in California's
public  schools.   schools, including, but not
limited to, interscholastic sports   administered by the
California Interscholastic Federation. In fulfilling their
responsibilities to these pupils, educators, county placing agencies,
caregivers, advocates, and the juvenile counts will work together to
ensure that each pupil is placed in the least restrictive
educational environment. 
   (g) Foster youth services programs provide pupils in foster care
needed educational support and are a state priority.
  SEC. 3.  Section 42920.5 of the Education Code is amended to read:
   42920.5.  (a)  (1)    Commencing
with  the 2016-17  fiscal  year 1982-83, 
 year,  and each fiscal year thereafter, each of the
following six foster youth services program sites: Elk Grove, Mount
Diablo, Sacramento City, San Juan, Paramount, and the Placer Nevada
consortium, shall receive, in addition to  the base revenue
limit,   their local control funding formula
apportionment,  an allowance from the amount annually
transferred to Section A of the State School Fund equal to the amount
the  school  district spent on foster children service
programs in  the 2014-15  fiscal  year 1981-82,
  year,  adjusted to reflect cost-of-living
increases by the total percentage increase received by all
categorical education programs. In no event shall this cost-of-living
adjustment exceed the inflation adjustment provided pursuant to
Section 42238. 
   (2) 
    (b)  This allowance shall be used exclusively for foster
children services. 
    (3) 
    (c)  The six program sites may continue to record
revenue received pursuant to this subdivision in the same manner used
to record revenue received for foster children services in the
1981-82 fiscal year. 
   (4) 
    (d)  The six program sites shall maintain their foster
children services programs in fiscal year 1995-96 and each subsequent
fiscal year at a program level comparable to that at which they
administered those programs in fiscal year 1994-95. 
   (b) Commencing with fiscal year 1982-83, the base revenue of each
of the six school districts specified in paragraph (1) of subdivision
(a) shall be permanently reduced in an amount equal to the amount
spent on foster children services in fiscal year 1981-82. 
  SEC. 4.  Section 42921 of the Education Code is amended to read:
   42921.  (a) In addition to the six program sites specified in
Section 42920.5, a county office of education, or consortium of
county offices of education, may elect to apply to the Superintendent
for grant funding, to the extent funds are available, to operate an
education-based foster youth services program to provide educational
support for pupils in foster care.
   (b) Each foster youth services program operated pursuant to this
chapter, shall have at least one person identified as the foster
youth educational services coordinator. The foster youth educational
services coordinator shall facilitate the provision of educational
support pursuant to subdivision (e) to any pupil in foster care
residing or attending school in the county.
   (c) For purposes of this chapter, a pupil in foster care 
has the same meaning as   means  a foster youth, as
defined in paragraph (b) of Section 42238.01  or a foster child
who resides in a county-operated juvenile detention facility. 
   (d) (1) It is the intent of the Legislature that pupils in foster
care with the greatest need for services be identified as the first
priority for foster youth services.
   (2) In consultation with  school districts,  the county
social services  agency   agency,  and 
the  county probation department, a foster youth services
program operated pursuant to this chapter  shall 
 may  prescribe the methodology for designing specific
supports for pupils in foster care,  and, in  
including, guiding principles that establish a hierarchy of services.
In  doing so,  shall consider at least all of the
following:   applicable methodologies may include, but
are not limited to,  the needs of specific age groups, pupils in
foster care in specific geographic areas with the highest
concentration of pupils in foster care, and pupils in foster care
with the greatest academic need. A foster youth services program
 shall   is encouraged to  first provide
services for pupils in foster care who reside in group  homes
or other   homes,  institutional 
settings.   settings, or other placements with pupils
with high academic needs, as determined by the local Executive
Advisory Council. 
   (e) Each foster youth services program operated pursuant to this
chapter shall develop and implement a foster youth services 
plan documenting   plan. The plan shall document 
how the program will, to the extent possible, do  all of
 the following:
   (1) Collaborate with county child welfare agencies, county
probation departments, and school districts to minimize changes in
school placement and support the implementation of subdivision (c) of
Section 48853.  To the extent possible, the foster youth
services program may pay for the cost of transportation to support
this paragraph. 
   (2) Collaborate with county child welfare agencies, county
probation departments, and school districts so that when it is in the
best interests of a pupil in foster care to transfer schools,
transfers are done at an educationally appropriate time, educational
records are quickly transferred, appropriate partial credits are
awarded, and the pupil in foster care is quickly enrolled in
appropriate classes.
   (3) In an effort to support the educational achievement of pupils
in foster care, how they will do  all of  the
following:
   (A) Collaborate with county child welfare agencies, county
probation departments, and school districts to ensure pupils in
foster care have an active education team  that includes
  that, to the extent possible, may include  an
educational rights holder, caregiver, social worker, teacher,
counselor, court appointed special advocate, other stakeholders, and
the  pupil   pupil,  if appropriate.
   (B) Participate in education teams as is helpful and needed.
   (C) Help the education team assess the educational strengths and
needs of the pupil in foster care, and help develop, monitor, and
update an education plan based on those strengths and needs.
   (D) Provide tutoring, mentoring, counseling, transition,
school-based social work, and emancipation services, if those
services are  part of the education plan established by the
education team, and after a full evaluation that determines that
  established as needed and identified by the local
Executive Advisory Council to ensure that the services are aligned
with local control and accountability plan priorities and  the
county child welfare agency, county probation department, or school
district are unable to provide those services.
   (E) Maintain information on all of the following for purposes of
ensuring that pupils in foster care,  education 
 educational  rights holders, and other education team
members are informed of all available opportunities:
   (i) Available schools to ensure appropriate placement.
   (ii) Educational programs, including linked learning programs and
special education programs.
   (iii) English learner programs.
   (iv) After school and summer enrichment opportunities.
   (v) Other appropriate supports and services.
   (F) Maintain information on postsecondary educational
institutions, career and technical education programs, and
postsecondary opportunities for purposes of ensuring that pupils in
foster care,  education   educational 
right holders and other members of the education team have the
information necessary to support access to postsecondary education,
career program, and related supports, including financial aid.
   (G) Collaborate with local postsecondary educational institutions,
including the California Community Colleges, the California State
University, and the University of California, and with county
independent living programs to facilitate a seamless transition from
high school to postsecondary educational institutions, and provide
pupils in foster care currently enrolled in high school with
assistance with college application, matriculation, and financial
aid.
   (4)  Advocate   Facilitate,  on behalf
of individual pupils in foster  care   care,
 to  ensure appropriate:   ensure: 
   (A) Transfer of records.
   (B) Transcript analysis.
   (C) Credit recovery.
   (D)  Individualized   Timely individualized
 education programs in collaboration with the school district in
accordance with the federal Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.) and  related state laws.
  all special education services. 
   (E)  Placement   Timely   placement
 in English learner  programs,   programs,
in collaboration with school districts,  as needed.
   (F) Enrollment in, or transition to, comprehensive schools or the
least restrictive educational placements, when appropriate.
   (G) Education entitlements specific to pupils in foster care are
provided, including, but not limited to, receiving partial credits,
the right to attend the pupil's school of origin,  access to
extracurricular and enrichment activities, including, but not limited
to, interscholastic sports administered by the California  
Interscholastic Federation made available to all other pupils, 
and  modified  graduation requirements.
   (5)  Ensure   Collaborate with school
districts, county child welfare agencies, juvenile courts, county
probation departments, and special   education local plan
areas in an effort to have  pupils in foster care have 
education   an identified educational  rights
 holders   holder  with the capacity to
support educational success by:
   (A) Helping a school district identify the  education
  educational  rights holder of a pupil in foster
care.
   (B) Collaborating with county child welfare agencies and county
probation departments to identify a responsible adult familiar with
the pupil in foster care to serve as the pupil's  education
  educational  rights holder.
   (C) Recruiting volunteer  education  
educational  rights holders to be used only after the county
child welfare agency, county probation department, and juvenile court
have taken every reasonable effort to find a responsible adult
familiar with the pupil in foster care to serve as the pupil's
educational rights holder.
   (D) Training and building the capacity of biological parents,
foster parents, and all other  education  
educational  rights holders to support educational success,
including, but not limited to, the provision of information related
to requirements for postsecondary education application,
matriculation, enrollment, and financial aid.
   (6) Collaborate with county child welfare agencies, county
probation departments, and school districts to facilitate information
 sharing.   sharing, to the extent possible.
 This includes, but is not limited to:
   (A) Collaborating with county child welfare agencies and county
probation departments to develop, monitor, and regularly update the
education portion of child welfare and probation case plans.
   (B) Providing education related information to the county child
welfare agency to assist the county child welfare agency in
delivering services to foster children, including, but not limited
to, education status and progress information required to be included
in court reports.
   (C) Responding to requests from the juvenile court for information
and working with the juvenile court to ensure the coordination and
delivery of necessary educational services.
   (D) Establishing a mechanism for the efficient and expeditious
transfer of health and education records, and the health and
education passport.
   (7) Support interagency efforts to improve the educational
outcomes of pupils in foster  care.   care, to
the extent possible.  This includes, but is not limited to:
   (A) Collaborating with county child welfare agencies, county
probation departments, and school districts to gather and analyze
aggregate information on the educational challenges and outcomes of
pupils in foster care.
   (B) Facilitating communication and collaboration between school
districts and county agencies, including, but not limited to, the
county child welfare agencies, county probation departments, county
mental health agencies, and courts within a county.
   (C) Providing training and technical assistance to school
districts, governing boards of school districts, county child welfare
agencies, county probation departments, and county mental health
agencies.
   (D) Collaborate with local colleges and universities to facilitate
a seamless transition from secondary to postsecondary educational
institutions, and provide pupils in foster care currently enrolled in
high school with assistance with college application, matriculation,
and financial aid applications.
   (f) Each foster youth services program operated pursuant to this
chapter shall  assist school districts in developing and
implementing the portion of the school district's local control and
accountability plan describing the specific actions and strategies
the school district will undertake to increase the academic
performance of pupils in foster care, as required by  
work with their county office of education to ensure the
implementation of  subdivision (c) of Section  52060,
and shall assist school districts in projecting the cost of
implementing these specific actions and strategies. Foster 
 52060 and subdivision (c) of Section 52066 for pupils in foster
care. In doing so, the foster  youth services programs 
shall   may consider, but are not limited to, the
following in their  support  of  school districts in
developing and implementing the specific actions and strategies to
support the educational achievement of pupils in foster  care
that may include, but are not limited to, all of the following:
  care: 
   (1) Ensuring that the school district has the necessary
infrastructure to support the educational success of pupils in foster
care, which may include, but is not limited to, local policies,
practices, and agreements.
   (2) Providing the school district's foster youth liaison with
additional resources to increase the liaison's capacity to execute
his or her responsibilities.
   (3) Maintaining information on educational programs, supports, and
services provided by the school district, including, but not limited
to, linked learning and career pathways programs, credit-recovery
classes, after school classes, school tutoring resources, California
High School Exit Examination tutoring resources, other remediation
services, school social worker counseling, school-based mental health
services, in-school therapeutic services, summer enrichment
opportunities, support services offered to lesbian, gay, bisexual,
transgender, and gender nonconforming youth, summer enrichment
opportunities, college planning, and financial aid workshops and
counseling.
   (4) Regularly assessing the educational strengths and needs of
pupils in foster care.
   (5)  In collaboration with the education support team,
developing,   Developing,    monitoring,
and regularly updating  an  education 
success plan   plans  for a pupil in foster care
that lists the strengths and needs, goals and objectives, and the
programs, supports, and services the pupil in foster care will
receive.
   (6) Ensuring that each pupil in foster care receives the programs,
supports, or services  specified in the pupil's education
plan needed   needed  by the pupil to succeed
academically.
   (7)  Carefully monitoring   Monitoring 
the educational progress of a pupil in foster care and notifying the
 pupil's   appr   opriate 
education support team of significant changes.
   (g) Each foster youth services program operated pursuant to this
chapter shall establish  an   a local 
interagency  oversight board.   Executive
Advisory Council. 
   (1) The  oversight board   Executive Advisory
Council  shall include representatives from the county child
welfare agency, the county probation department, school districts,
local postsecondary educational institutions, and community
organizations. If possible, the  oversight board shall
include   Executive Advisory Council may include, but is
not limited to,  foster youth, caregivers,  education
  educational  rights holders,  dependency
attorneys, court representatives,  and other interested
stakeholders.
   (2) The  oversight board shall meet at least quarterly,
and shall elect an oversight board chairperson from outside the
county office of education. Oversight board chairpersons shall not
serve terms longer than two years. Composition of the oversight board
shall be determined by the chairperson, consistent with paragraph
(1), and the  foster youth services coordinator shall be a
permanent member of the  oversight board.  
Executive Advisory Council. 
   (3) The  oversight board   Executive Advisory
Council  shall regularly review the recommendations to the
foster youth services plan required pursuant to subdivision (e). In
the event of a disagreement, the  county foster youth
services coordinator or the oversight board chairperson 
 Executive Advisory Council  may ask the State Foster Youth
Services Director to mediate a solution.
  SEC. 5.  Section 42921.5 is added to the Education Code, to read:
   42921.5.  Each school district or charter school receiving funds
pursuant to Section 42238.02 shall designate a schoolsite-based staff
person to serve as a liaison to pupils in foster care if the
schoolsite has one or more identified pupils in foster care. Each
such school district and charter school shall provide contact
information for each schoolsite liaison to the  school district
foster youth liaison and the  county foster youth services
coordinator.
  SEC. 6.  Section 42922 of the Education Code is amended to read:
   42922.  (a) A county office of education that provides educational
support for pupils in foster care pursuant to Section 42921 shall
receive funding in any fiscal year for that support only by such sums
as may be specifically appropriated by the annual Budget Act of the
Legislature for that fiscal year for support of the foster youth
services programs that provide pupils in foster care with
supplemental educational support.
   (b) The Legislature may appropriate moneys from the General Fund
for this purpose, or, if sufficient funds are available, from the
Foster Children and Parent Training Fund pursuant to the provisions
of Section 903.7 of the Welfare and Institutions Code.
  SEC. 7.  Section 42923 of the Education Code is amended to read:
   42923.  (a) Each county office of education providing foster youth
services pursuant to this chapter shall, by January 1 of each
even-numbered year, report to the Superintendent any information as
may be required by the Superintendent  and as accessible to the
foster youth services program  for purposes of subdivision (b).
   (b) The Superintendent shall, by February 15 of each even-numbered
year, report to the Legislature and the Governor on the foster youth
services programs. The report shall be prepared with the advice and
assistance of providers of foster youth services and shall include,
but not be limited to, the following:
   (1) Recommendations regarding the continuation of the foster youth
services programs.
   (2) Recommendations regarding the effectiveness of the foster
youth services programs, unless program effectiveness is assessed in
another report covering the same time period.
   (3) Recommendations regarding the broadening of the application of
those services and any changes to foster youth services programs
that would make them more effective.
   (4) Aggregate educational outcome data for each county in which
there were at least 15 pupils in foster care who attended school in
the county, with information on each of the following indicators:
   (A) The number of pupils in foster care who attended school in the
county.
   (B) The academic achievement of the pupils in foster care who
attended school in the county.
   (C) The number of pupils in foster care who were suspended or
expelled.
   (D) The number of pupils in foster care who were placed in a
juvenile hall, camp, ranch, or other county-operated juvenile
detention facility because of an incident of juvenile delinquency.
   (E) The truancy rates, attendance rates, and dropout rates for
pupils in foster care.
   (F) (i) The number of pupils in foster care participating in
foster youth services programs pursuant to this chapter who
successfully transition to postsecondary education.
   (ii) The department shall collaborate with the Chancellor of the
California Community Colleges and the Chancellor of the California
State University to identify indicators that can be used to track
access to postsecondary education for pupils in foster care
participating in a foster youth services program pursuant to this
chapter.
   (5) Whenever possible, the data in the report shall be the same
data that is used by the Superintendent in determining the Academic
Performance Index or in developing the report required pursuant to
Section 49085.
   (6) A discussion of the meaning and implications of the indicators
contained in paragraph (4).
  SEC. 8.  Section 42924 of the Education Code is amended to read:
   42924.  Any funds allocated to county offices of education for
foster youth services pursuant to Section 42922 shall be used only
for foster youth services and any funds not used by school districts
or county offices of education for those services shall revert to the
state General Fund.
  SEC. 9.  Section 42925 of the Education Code is repealed.
  SEC. 10.  Section 42925 is added to the Education Code, to read:

42925.   (a)    Each county office of education
with a foster youth services program operated pursuant to this
chapter  shall   shall, to the extent possible,
 develop and enter into a memorandum of  understanding
  understanding, contract, or formal agreement 
with the county child welfare agency pursuant to which foster youth
services program funds shall be used, to the maximum extent possible,
to leverage funds received pursuant to Title IV-E of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.) and any other funds
that may be used to specifically address the educational needs of
pupils in foster care, or they shall jointly explain in writing,
annually, why a memorandum of understanding is not practical or
feasible. 
   (b) To the extent possible, each foster youth services program is
encouraged to consider leveraging other local funding opportunities
to support the educational success of pupils in foster care. 
  SEC. 11.  Section 42926 is added to the Education Code, to read:
   42926.  (a) The Superintendent shall identify a State Foster Youth
Services Director within the department who shall be responsible for
all of the following:
   (1) Monitoring implementation of this chapter.
   (2) Facilitating the data sharing and reporting described in
Section 49085.
   (3) Representing the department in policy and interagency
workgroups related to the educational success of pupils in foster
care, that may include, but is not limited to, collaborating with
child welfare, probation, and judicial agencies.
   (4) Overseeing the technical assistance described in Section
42927.
   (5) Providing technical support and mediation to foster youth
services programs and their oversight boards.
   (6) Review a county office of education's local control and
accountability plan as it relates to foster youth.
   (b) The State Foster Youth Services Director may form an advisory
committee to provide consultation to the State Foster Youth Services
Director in regards to the responsibilities described in subdivision
(a).
  SEC. 12.  Section 42927 is added to the Education Code, to read:
   42927.  (a) The Superintendent may provide funding to one or more
local educational agencies to work with the State Foster Youth
Services Director to provide statewide technical support to ensure
educational, child welfare, and judicial agencies receive the
technical support needed to improve the educational success of pupils
in foster care.
   (b) Technical assistance may include, but is not limited to, the
following areas:
   (1) State and local data sharing, and appropriate use of shared
data.
   (2) Improving county office of education foster youth services
programs.
   (3) Assisting school districts to develop and implement specific
actions and to increase the academic performance of pupils in foster
care, as required by subdivision (c) of Section 52060.
   (4) Policy and legal guidance specific to pupils in foster care.
   (c) Funding for the technical assistance described in this section
may come from the foster youth services budget appropriated by the
annual Budget Act, as determined by the Superintendent, but shall be
no more than 5 percent of the foster youth services budget allocation
for the applicable fiscal year. The remainder of the foster youth
services budget shall be apportioned to county offices of education
operating foster youth services programs in accordance with Section
42921.
  SEC. 13.  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.