Existing law requires a local educational agency serving a foster child to allow the foster child to remain at the child’s school of origin upon the initial detention or placement, any subsequent change in placement, the termination of the court’s jurisdiction, or pending resolution of a dispute regarding school of origin placement. 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 permits, under certain circumstances, master contracts to be entered into between local educational agencies and nonpublic, nonsectarian schools that have been certified by the Superintendent of Public Instruction for the provision of services to pupils with exceptional needs. A “nonpublic, nonsectarian school,” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the California Department of Education.
For a foster child who is an individual with exceptional needs, Assembly Bill 723 (AB 723) defines “school of origin” as also including a placement in a certified nonpublic, nonsectarian school. AB 723 also requires, commencing with the 2024–25 school year, that a nonpublic, nonsectarian school seeking certification or already certified to agree in writing that for any foster child it serves it will be designated as the school of origin of the foster child and will allow the foster child to continue their education in the school.
(AB 723 amends Sections 48853.5, 56366.1, and 56366.10 of the Education Code.)