Q of the Week: Education Series

AB 490 Applicability to Non-Minor Dependents

Q: I am wondering if AB490, specifically the section requiring a school to provide records to a new school to which a student is transferring, applies to Non Minor Dependents.  We have a 19-year-old NMD, who would like to enroll in a charter school to obtain her high school diploma but is unable to get her records from her former high school. There is some confusion about whether she owes money to them and until this is cleared up they won’t release her records.

A: AB 490 applies to any child who “is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code” and therefore does apply to non-minor dependents. The school the student is transferring from must deliver the student’s educational record to the next school within 2 business days. The law further provides that all required records shall be provided to the new school regardless of any outstanding fees, fines, textbooks, or other items or moneys owed to the school last attended (EC § 48853.5(e)(8)(C)).

If a district or school fails or refuses to comply with the provisions of AB 490, advocates should contact the County Office of Education’s Foster Youth Services Coordinator (a list of county contacts is available here). If advocates and liaisons are unable to resolve the issue right away, they should also notify the youth’s attorney. If the matter is not resolved within a few days and the school district fails or refuses to comply with the provisions of AB 490, the child’s attorney can ask the juvenile court to join the school district to court proceedings pursuant to Welfare and Institutions Code §§362(a) and 727(a) (i.e. file a Joinder Motion asking the court to order the school district to appear and explain why they failed to provide the child with the services she is entitled to pursuant to the California Education Code).

For additional information about AB 490 click here.

One thought on “Q of the Week: Education Series

  1. Jean Vilmenay says:

    AB 490 only applies until youth turn age 18. After age 18 education in California is no longer compulsory and therefore neighborhood schools are no longer required to enroll foster youth on their campus. Foster Youth may be admitted to a school but it is up to the school to admit or not admit an adult student on their campus. Adult students may enroll at their local school for adults. The only exception to this would be in the case where the youth is enrolled in Special Education and they are eligible for education until their 22 birthday.

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