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2005 California Education Code Sections 42920-42925 CHAPTER 11.3. EDUCATIONAL SERVICES
EDUCATION CODESECTION 42920-42925
42920. (a) The Legislature finds as follows: (1) It is essential to recognize, identify and plan for the critical and unique needs of children residing in licensed community care facilities. (2) A high percentage of these foster children are working substantially below grade level, are being retained at least one year in the same grade level, and become school dropouts. (3) Without programs specifically designed to meet their individual needs, foster children are frequently dysfunctional human beings at great penal and welfare costs. (b) The Legislature further finds and declares that the instruction, counseling, tutoring, and related services for foster children that provide program effectiveness and potential cost savings shall be a state priority. Funding for that purpose is hereby provided to the following unified school districts and consortia that have successfully operated foster children services program sites: Elk Grove, Mount Diablo, Sacramento City, San Juan, and Paramount, and the Placer-Nevada consortium. 42920.5. (a) Commencing with fiscal year 1982-83, and each fiscal year thereafter, each of the six program sites specified in subdivision (b) of Section 42920 shall receive, in addition to the base revenue limit, an allowance from the amount annually transferred to Section A of the State School Fund equal to the amount the district spent on foster children service programs in fiscal year 1981-82, 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. This allowance shall be used exclusively for foster children services. 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. 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 subdivision (b) of Section 42920 shall be permanently reduced in an amount equal to the amount spent on foster children services in fiscal year 1981-82. 42921. In addition to the six program sites specified in Section 42920, any other school district may provide educational services for children who reside in a regularly established licensed or approved foster home, located within the boundaries of the program site, pursuant to a commitment for placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of the Welfare and Institutions Code. 42922. Any school district which provides educational services for foster children pursuant to Section 42921 shall receive funding in any fiscal year for those services only by such sums as may be specifically appropriated by the annual Budget Act of the Legislature for that fiscal year for support of those school-centered foster children services which provide program effectiveness and potential cost savings to the state. The Legislature may appropriate moneys from the General Fund for this purpose, or, if sufficient funds are available, from the Foster Children and Parent Training Fund pursuant to the provisions of Section 903.7 of the Welfare and Institutions Code. 42923. (a) Each school district providing foster children services pursuant to this chapter shall, by January 1 of each even-numbered year, report to the Superintendent of Public Instruction any information as may be required by the Superintendent of Public Instruction for the purpose of subdivision (b). (b) The Superintendent of Public Instruction shall, by February 15 of each even-numbered year, report to the Legislature and the Governor on the foster children services provided by school districts. The report shall be prepared with the advice and assistance of providers of foster children services and shall include, but not be limited to, the following: (1) Recommendations regarding the continuation of services. (2) Recommendations regarding the effectiveness of the services, unless program effectiveness is assessed in any other report covering the same time period. (3) Recommendations regarding the broadening of the application of those services. (4) Information which shall be sufficient to determine, at a minimum, whether these services have resulted in a major quantitative improvement or deterioration in any of the following indicators: (A) Pupil academic achievement. (B) The incidence of pupil discipline problems or juvenile delinquency. (C) Pupil dropout rates or truancy rates. (5) A discussion of the meaning and implications of the indicators contained in paragraph (4). 42924. Any funds allocated to school districts for foster children services pursuant to subdivision (c) of Section 42920 or Section 42922 shall be used only for foster children services and any funds not used by districts for those services shall revert to the state General Fund. 42925. (a) The Superintendent of Public Instruction shall form an advisory committee to make recommendations regarding the allocation of available funds to school districts applying to receive funding for foster children programs pursuant to subdivision (b). The advisory committee shall include, but not be limited to, representatives from the Department of the Youth Authority, from the State Department of Social Services, and from foster children services programs. Members of the advisory committee shall serve without compensation, including travel and per diem. (b) Any school district which chooses to provide foster children services programs pursuant to Section 42921 may apply to the Superintendent of Public Instruction and to the advisory committee for funding for those programs. (c) On or before November 1 of each year, the Superintendent of Public Instruction shall provide the Governor with a proposed sum to be included in the Governor's budget for the ensuing fiscal year for allocation to school districts wishing to provide foster children services programs pursuant to Section 42921. Recommendations regarding the specific programs to be funded and the amount to be allocated to each shall be included with the proposed sum.
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