2021 California Code
Education Code - EDC
TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION
DIVISION 4 - INSTRUCTION AND SERVICES
PART 27 - PUPILS
CHAPTER 6.5 - Pupil Records
ARTICLE 6 - California School Information Services
Section 49085.
(a) On or before February 1, 2014, the department and the State Department of Social Services shall develop and enter into a memorandum of understanding that shall, at a minimum, require the State Department of Social Services, at least once per week, to share with the department both of the following:
(1) Disaggregated information on children and youth in foster care sufficient for the department to identify pupils in foster care.
(2) Disaggregated data on children and youth in foster care that is helpful to county offices of education and other local educational agencies responsible for ensuring that pupils in foster care receive appropriate educational supports and services.
(b) To the extent allowable under federal law, the department shall regularly identify pupils in foster care and designate those pupils in the California Longitudinal Pupil Achievement Data System or any future data system used by the department to collect disaggregated pupil outcome data.
(c) To the extent allowable under federal law, the Superintendent, on or before July 1 of each even-numbered year, shall report to the Legislature and the Governor on the educational outcomes for pupils in foster care at both the individual schoolsite level and school district level. The report shall include, but is not limited to, all of the following:
(1) Individual schoolsite level and school district level educational outcome data for each local educational agency that enrolls at least 15 pupils in foster care, each county in which at least 15 pupils in foster care attend school, and for the entire state.
(2) The number of pupils in foster care statewide and by each local educational agency.
(3) The academic achievement of pupils in foster care.
(4) The incidence of suspension and expulsion for pupils in foster care.
(5) Truancy rates, attendance rates, and dropout rates for pupils in foster care.
(d) To the extent allowable under federal law, the department, at least once per week, shall do all of the following:
(1) Inform school districts and charter schools of any pupils enrolled in those school districts or charter schools who are in foster care.
(2) Inform county offices of education of any pupils enrolled in schools in the county who are in foster care.
(3) Provide school districts, county offices of education, and charter schools disaggregated data helpful to ensuring pupils in foster care receive appropriate educational supports and services.
(e) (1) For purposes of this section, “pupil in foster care” has the same meaning as “foster youth,” as defined in subdivision (b) of Section 42238.01.
(2) This section does not require the State Department of Social Services to collect, nor share with the department, any information regarding the population described in paragraph (4) of subdivision (b) of Section 42238.01.
(3) (A) For purposes of a dependent child, as described in paragraph (4) of subdivision (b) of Section 42238.01, the tribe may notify a local educational agency about the pupil’s status as a dependent child under the court of an Indian tribe, consortium of tribes, or tribal organization.
(B) A local educational agency shall not require an Indian tribe or tribal court representative to certify that any pupil is a dependent of an Indian tribe, consortium of tribes, or tribal organization.
(Amended by Stats. 2021, Ch. 287, Sec. 6. (AB 1055) Effective January 1, 2022.)
