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To ensure all requirements of a 501(c)(3) nonprofit organization are met, a unit must notify the district PTA president of any proposed change in association status at least 60 days before the unit votes to make such change. Inasmuch as a change of status represents amending the association bylaws, a 30-day written advance notice is required to all PTA members. The proposed change of status requires a two-thirds (2/3) vote of its members recorded in the minutes. It is the responsibility of the district PTA president to know the status of every unit within the district PTA and give information and advice on the procedures to be followed. Specific PTA procedures are outlined in the California State PTA Advanced Leadership Tools, which is available to council and district PTAs.

Changing Name: When an association votes to change its name or the school district changes the school’s name, the district PTA must send a Change of Status Form and an amended set of bylaws to the California State PTA parliamentarian for approval. Upon approval, the Change of Status Form will be sent to the state office. At the next meeting of the California State PTA Board of Managers, the change will be presented for approval. A charter with the new name will be sent without charge.

Becoming a PTA/PTSA: When a PTA votes to become a PTSA, the district PTA must send a Change of Status Form and an amended set of bylaws to the California State PTA parliamentarian for approval. Upon approval, the Change of Status Form will be sent to the state office. At the next meeting of the California State PTA Board of Managers, the change will be presented for approval. A charter with the new name will be sent without charge.

When the bylaws are changed making the unit a PTSA, the California State PTA recommends that provision be made for at least one position on the executive board to be filled by a student.

The unit bylaws should be reviewed for further information – amendments, officers, election of the nominating committee, and elections. It is strongly recommended that the entire set of bylaws – each article and section – be reviewed.

Dividing: When one PTA is serving two or more public schools and wishes to organize a unit in each school, the members may vote to divide into two or more associations. Consideration of a division should be undertaken only in consultation with the principals of the schools involved, the council president (if in council), and the district PTA president. Decisions need to be made regarding unit names, division of assets, chartering, etc. The district PTA must send the Change of Status Form and an amended set of bylaws to the California State PTA parliamentarian for approval. Upon approval, the Change of Status Form will be sent to the state office.

Combining: There may be a number of reasons for combining associations, such as the closing of one school or duplication of activities. Consideration should occur only in consultation with the principals of the schools involved, the council president (if in council), and the district PTA president. Decisions will need to be made on name of the unit, funds in unit treasuries, bylaws, officers, etc. The district PTA must send the Change of Status Form and an amended set of bylaws to the California State PTA parliamentarian for approval. Upon approval, the Change of Status Form will be sent to the state office.

Transferring: When a school district reorganization or boundary change has become effective, it may be necessary for a PTA to transfer from one district PTA to another. The unit should report this change in writing to its present council (if in council) and district PTA, with a copy to the state office. The district PTAs involved will use procedures outlined in the Advanced Leadership Tools to complete the transfer. Other reasons for transferring should be considered in consultation with the council president (if in council) and the district PTA president. The district PTA must send the Change of Status Form and an amended set of bylaws to the California State PTA parliamentarian for approval. Upon approval, the Change of Status Form will be sent to the state office.

Disbanding: Disbanding a unit PTA is of concern to all its members and the community; therefore, steps should be taken to ensure that all will have an opportunity to express their opinions and to allow members to vote whether or not to disband. The district and council PTA president must be notified immediately of any proposal to disband at least 60 days before the vote to disband is taken. Many times, outside help and guidance will give necessary assistance and new direction. Should disbanding be the only alternative, certain procedures must be followed to protect the members and comply with federal nonprofit 501(c)(3) regulations, including meeting notice requirements.

The decision to disband is significant and requires at least two meetings. All concerns should be discussed at a regular or special PTA meeting with a quorum present. All members, including administrators and teachers, must be notified at least thirty (30) days in advance, following the notice requirements of the bylaws, and district PTA representatives shall be present for counseling and guidance and to address the association immediately preceding any vote to answer final questions or concerns.

After discussion, a committee should be appointed which includes representatives of the district PTA to carry out necessary procedures. These would include preparation of recommendations to be brought to a subsequent meeting of the membership for vote. Members must vote on proper disposition of property and funds of the organization prior to the vote to disband as a constituent organization. If the vote to disband is adopted by the membership, the disbursement of all assets must be handled to comply with the 501(c)(3) requirements as detailed in the bylaws.

Each PTA’s bylaws, as a basic policy, provide that the assets of the PTA be used for one or more of the educational purposes for which they were collected and not be given to individuals.

When a unit votes to disband the unit shall surrender immediately all legal documents, financial and historical records, and all assets, including property to the California State PTA or other PTA organized under the authority of the California State PTA bylaws. The district PTA may hold funds and property of the disbanded unit in trust for a period not to exceed two years. The district PTA will file the change of Status-Disband Form with the state office.

Your PTA was a separate, legal entity with no affiliation to any new or existing group that may form or exist at your site. Therefore upon disbanding, the following came in effect:

• All necessary documents and communication materials via website (PTA or school), newsgroup, etc. must be updated to remove reference to the name PTA. For example, the PTA End of the Year party needs to be announced as the End of the Year party.
• Any events, activities, functions from the moment of the vote to disband and going forward are no longer covered under the PTA insurance, even those which may be funded from the PTA proceeds.
• The PTA’s tax ID number (EIN) may no longer be used.
• Activity with the former PTA’s bank account must cease. No checks should be issued and signed or cash withdrawals be made from the PTA account. Deposits may be made for any checks issued to the PTA.

Charter Withdrawal: The bylaws of the California State PTA provide for the withdrawal of the charter of a PTA for nonpayment of dues and/or insurance premiums. The unit will be notified in writing by January 15 if these required payments are delinquent. If dues and/or insurance premiums are still not paid by March 31, the unit charter will be withdrawn by vote of the California State PTA Board of Managers at its next meeting.

The bylaws also provide for the withdrawal of the unit charter if that unit is not in good standing for other reasons, such as: (a) fewer than 15 members; (b) vacant president, secretary, or treasurer positions; (c) violations of policies, procedures or other sections of the bylaws; and (d) failure to comply with the legal filing requirements of federal or state government agencies for three consecutive filing periods.

Failure to comply with the legal filing requirements of federal and/or state government agencies for a third consecutive filing period results in automatic revocation of tax-exempt status and automatic withdrawal of the unit/council/district charter.

When there are alleged violations that may be subjective in nature, such as those involving policy and/or not following proper financial procedures, the district PTA or the California State PTA grievance committee may be charged with determining the facts and recommending a solution that may include withdrawing the PTA’s charter.

Upon the withdrawal of the charter, the California State PTA has the right to collect and transfer funds, including funds deposited by the unit with a financial institution over which the unit or its officers have or had signature authority or control. The unit shall immediately surrender all records, assets, and property to the district PTA. Property will be held in suspense for a period of two years. Each local association shall, upon withdrawal of its charter by the California State PTA, immediately cease and desist from any further use of the association’s Internal Revenue Service Employer Identification Number (EIN) as a constituent organization under the group exemption number issued to the California State PTA. The California State PTA will file notice with the IRS that the unit is no longer a constituent organization.

In all cases, the unit shall be notified in writing at least 15 days before the charter withdrawal is to come before the California State PTA Board of Managers for action.

Adopted March 1980 – Reviewed and deemed relevant February 2023 – Education Commission

California State PTA believes that while school closure is sometimes a necessity to decrease school district problems due to declining enrollment and financial constraints, and is often viewed negatively, it can be an opportunity to improve the quality of education. The real acceptance and success of school closure depends upon demonstrated need, positive attitudes and total involvement of the community. In considering school closure, PTA supports:

• Early and ongoing involvement of all those affected – parents, students, teachers, administrators, staff, board of education, and community;
• Appointment of a broadly representative committee that is charged with making a study that includes alternatives and making recommendations within a specific time period;
• Making all committee meetings open to the public;
• Use of a clear and defined plan of action;
• The concept of a districtwide facilities master plan;
• Formation of goals and objectives that meet Education Code requirements and student needs, and give highest priority to maintenance or improvement of a quality program for every student;
• Wide use of informational meetings and media coverage;
• Specific efforts to overcome negative attitudes and resistance to change;
• Decisions based on elements that include: location of students; amount of disruption; enrollment projections and housing trends; cultural, socio-economic and ethnic balance; safety; transportation; and facilities—size, quality, type, community use, and operating and closing costs;
• Acceptance of the legal authority of the school board to make the final decision;
• Inclusion in the school board’s report of its final decision, the rationale for the assignment of students and personnel, and a plan for community involvement to facilitate a smooth transition;
• A plan assuring community involvement in recommending priorities to the school board for future re-use, redevelopment or disposition of closed sites; and
• Acceptance of the ongoing need for long-range planning.

Through involvement in the community, unit, council and district PTAs can play an important role in achieving understanding of issues in school closure and in building public acceptance for action taken. PTA can provide leadership by attending meetings of school boards, talking with school administrators and parents about the needs of students, and being available to serve on committees.

Adopted July 1996 – Revised April 2018 – Education Commission

California State PTA recognizes the importance of successful academic and personal development of children in the primary grades. California State PTA has consistently and strongly supported reducing the number of students in each California classroom, especially in kindergarten through 3^rd grade. California State PTA believes that – whenever possible – TK-3 class sizes of 20 or less improve the overall development and education of students.

A substantial body of evidence* shows the value of maintaining small class sizes:

• Smaller class size, particularly in the early grades, is one of the few educational strategies shown to increase learning and narrow the achievement gap;
• Smaller class size effects seem to be largest when
• introduced in the earliest grades, and
• for students from less advantaged communities or family backgrounds;
• Smaller classes have been found to have a positive impact on school climate, student social-emotional growth, safety and suspension rates, parent engagement, and teacher attrition; and
• Teachers with smaller class sizes experience better working conditions and have a better chance to succeed.

California State PTA further believes that the benefits of reducing class sizes are optimized when schools also provide:

• A separate physical area to accommodate each group of children and the assigned certificated teacher;
• Flexibility in class structure that may include combination classes (K-1, 1-2, etc.) yet always considering the academic and developmental needs of each student when making placements;
• Assignment of properly credentialed teachers who are well trained in teaching techniques required to teach the early childhood/primary grade levels and on best practices for small group instruction; and
• A firm funding commitment to make reduced class size an ongoing priority.

State law in California currently sets a maximum class size of 30 in the early grades but also provides a financial incentive, within the Local Control Funding Formula (LCFF), to encourage local district to set a maximum class size of 24. California State PTA fully supports LCFF and local flexibility but urges all parties to stay committed to reducing class size.

Keeping class sizes in grades K-3 to 20 or fewer must be a continuing goal of the state even as each district decides what is possible within the constraints of: (1) financing available, (2) the need to meet all essential goals of the school district operations, and (3) the relative priority of class size, salaries, and instructional hours. All concerned parties, including parents, teachers and district officials, should work together whenever possible to identify and obtain funding for purposes of reducing class sizes.

California State PTA recognizes the financial obligation that reducing class size places on school districts and on taxpayers of the state of California. California State PTA strongly believes the people of California understand the importance of investing in children and public education, and therefore will be supportive of this use of education funds.

*The Center for Public Education reviewed 19 class size reduction studies.

Adopted March 1974 – Reviewed and deemed relevant May 2021 – Education Commission

California State PTA recognizes that public school employer-employee collective bargaining is mandated by law and that negotiations greatly influence education. As mandated by law, the bargaining parties are required to make public their positions. These details must be provided to the public at the beginning of the process. PTA has the responsibility to become knowledgeable and to inform the public about the proposed contract and any proposed changes through the negotiations. As PTA is an organization whose membership is composed of parents, teachers, students, school district employees, school board members and concerned community members, PTA must remain neutral in a dispute arising from school employer-employee negotiations.

California State PTA believes:

• All school employees are entitled to the benefits of fair employment practices including due process, optimum working conditions and adequate salaries and benefits;
• Locally-elected school boards, as representatives of the people, have legal responsibility for decision-making;
• Local school boards and school employee organizations should be accountable to the public for the terms of the contract and the fiscal impact on the instructional program; and
• Full disclosure of the final contract should be made available to the public and fiscal impact of the contract should be discussed at a public hearing before the final vote of the school board.

California State PTA supports:

• The adoption of policies by local school boards that provide full opportunity for the public to express its views on the issues to be negotiated; and
• The right of school employees, through their organizations, to meet and negotiate in good faith with public school employers to reach written agreement on those matters within the scope of bargaining^† according to state law. (Included in scope is the requirement that the local district peer assistance review process will be negotiated in the contract according to AB 2X, Statutes of 1999.)

The PTA has a responsibility to:

• Study and become informed early in the process about the proposed contracts and the fiscal implications and to analyze the effect on the students and the programs in the district;
• Inform all parties if any issue being negotiated either is consistent with or differs with adopted California State PTA position statements;
• Encourage all parties to work cooperatively to develop procedures to ensure that classrooms and students are not used for propaganda purposes;
• Remain neutral in the event of a dispute^††;
• Continue with normal PTA activities in the event of a dispute; and
• Inform parents and community members about proposed contracts and encourage other school-based and community organizations to study proposed contracts.

(The above statement is a policy of the PTA as an organization, and is in no way intended as an infringement on the activities of its members acting as individuals.)

^† Scope of bargaining – The law defines “scope,” as a broad range of issues and subjects that either party may or may not introduce for negotiation. Scope is a crucial, dynamic, and frequently litigated area.

^†† Dispute – a verbal controversy, a controversy, a debate, or quarrel on any issue under discussion.

Adopted April 2011 – Reviewed by Board of Managers February 2025

California State PTA believes that a successful future for all children can be ensured only by families/caregivers, schools, local and state agencies working in partnership with one another. It is in the best interests of children and their educational success that families, organizations and government entities seek ways to reduce or eliminate barriers to parent involvement.

School practices that promote involvement through outreach, programs/operations, engagement, community building, and support services have a statistically significant and direct influence on student success. PTA can help schools build bridges that eliminate barriers to effective parent and community involvement.

There are also circumstantial barriers to effective involvement. Circumstantial barriers refer to conditions and situations that distress the family/caregiver(s), which may temporarily or chronically inhibit or impede their ability to perform their engagement roles and responsibilities in the learning, development, and well-being of their children, thereby reducing benefits children might otherwise receive.

Barriers to involvement in the area of basic functioning may include, but are not limited to:

• Childcare issues
• Illiteracy/language skills
• Time demands/stress (i.e., work schedules, appointments, etc., e.g., single parent families/caregivers etc.)
• Crisis (i.e., death, job loss, divorce/separation, accident, homelessness)
• Lack of financial resources (poverty) (e.g., inability to pay for services, supplies, clothing, technology, etc.)
• Lack of transportation/mobility
• Transient in station (i.e., migrant worker, military, etc.)

Barriers to involvement in the area of health (e.g., heath and development issues of the child or any immediate family member, diagnosed or undiagnosed, chronic or otherwise) include, but are not limited to:

• Illness
• Disability/special needs
• Lack of proper nutrition
• Lack of resources for personal care
• Lack of access to regular preventative healthcare
• Developmental issues
• Lack of psychological/mental wellness support

Barriers to involvement in the area of community concerns include, but are not limited to:

• Lack of community safety (i.e., traffic concerns, predators, gangs, etc., e.g., dangerous route to and from school)
• Litigation/lack of access to legal services
• Substance abuse/addiction
• Violence in the home
• Child abuse and neglect (child endangerment)
• Incarceration/court ordered restrictions
• Children in dependency or family court system
• Fear of discrimination due to immigration status
• Lack of access to safe, adequate and affordable housing

Since 1897, the PTA has been the voice of those families who felt disenfranchised. PTA must continue to be the voice for these families and reach out and understand the barriers that get in the way of families becoming involved. The National Standards for Family-School Partnership Implementation Guide provides the framework of how families, schools and communities should work together to support student success.

California State PTA believes that parents are a child’s first teachers and family engagement is essential throughout a child’s educational experience. Research has shown that greater parental involvement in children’s education results in higher levels of student achievement. The State of California has a parent involvement policy that states “Schools that undertake and support strong comprehensive parent involvement efforts are more likely to produce students who perform better than identical schools that do not involve parents.”

Adopted March 1986 – Reviewed and deemed relevant May 2016 – Revised February 2021 – Health & Community Concerns Commission

According to the U.S. Department of Homeland Security, every year, millions of men, women, and children are trafficked in countries around the world, including the United States. It is estimated that human trafficking is a $32 billion per year industry, second only to drug trafficking as the most profitable form of transnational crime.

Human trafficking is a hidden crime, as victims rarely come forward to seek help because of language barriers, fear of the traffickers, and/or fear of law enforcement.  Traffickers use force, fraud, or coercion to lure their victims and force them into labor or commercial sexual exploitation. They look for people who are vulnerable for a variety of reasons, including economic hardship, natural disasters, or political instability. The trauma can be so great that many may not identify themselves as victims or ask for help, even in highly public settings.

According to National PTA, at least 200,000 children across the United States are estimated to be victims of domestic trafficking.

As an advocate for children, California State PTA believes PTA has the responsibility to work with schools as well as social and government agencies to support:

• The ongoing operation of a state clearinghouse to serve as a missing children information center that would tie into the National Crime Information Center;
• The maintenance of the California Violent Crime Information Center to assist in the identification and the apprehension of persons responsible for the disappearance and exploitation of children, plus an automated computer system for response to reports of missing children;
• Requiring local law enforcement agencies to make immediate assessment of steps needed to locate minors and, within 24 hours, file report(s) with clearinghouses and other agencies as may be appropriate;
• Establishment of a statewide computer system to provide multi-jurisdictional coordination;
• Programs to assist runaway and homeless youth and their families, including programs to temporarily provide safe shelters while families and/or appropriate agencies are contacted;
• Legislation that would provide stringent punishment for murderers of children and for perpetrators of serious and repeated physical, mental and sexual abuse crimes against children;
• Adequate funding for missing children programs and national missing and exploited children centers/clearinghouses;
• Legislation to require that the school records of missing children who had been attending school are appropriately marked in case another school requests that child’s cumulative folder;
• Establishment of uniform school district policies statewide that would require appropriate school personnel to immediately contact law enforcement when they believe a child to be missing and report any suspected missing child in attendance at school to law enforcement as is required in cases of suspected child abuse;
• Encouraging elementary schools to offer age-appropriate child abduction prevention curriculum to children and to their parents;
• The display of posters or pictures of currently missing children in an area accessible to school personnel only within each school;
• Ensuring the reintegration of long-term missing children who have been located back into the school system; and
• Legislation to secure the safety of the school facility.

Signs of human trafficking can be recognized by the following red flags:

Common Work and Living Conditions:

• Is not free to leave or come and go as he/she wishes
• Is in the commercial sex industry and has a pimp / manager
• Is unpaid, paid very little, or paid only through tips
• Works excessively long and/or unusual hours
• Is not allowed breaks or suffers under unusual restrictions at work
• Owes a large debt and is unable to pay it off
• Was recruited through false promises concerning the nature and conditions of his/her work
• Faces high security measures at work and/or living locations (e.g. opaque windows, boarded up windows, bars on windows, barbed wire, security cameras, etc.)

Poor Mental Health or Abnormal Behavior:

• Is fearful, anxious, depressed, submissive, tense, or nervous/paranoid
• Exhibits unusually fearful or anxious behavior after bringing up law enforcement
• Avoids eye contact

Poor Physical Health:

• Lacks medical care and/or is denied medical services by employer
• Appears malnourished or shows signs of repeated exposure to harmful chemicals
• Shows signs of physical and/or sexual abuse, physical restraint, confinement, or torture

Lack of Control:

• Has few or no personal possessions
• Is not in control of his/her own money, no financial records, or bank account
• Is not in control of his/her own identification documents (ID or passport)
• Is not allowed or able to speak for themselves (a third party may insist on being present and/or translating)

California State PTA urges immediate reporting of potential child trafficking situations:

• If a child is in urgent need of assistance, contact law enforcement or child protective services to report abuse, neglect, or exploitation of a child.
• The Childhelp® National Child Abuse Hotline professional crisis counselors can connect a caller with a local number to report abuse. Contact Childhelp at 1.800.4.A.CHILD. (1.800.422.4453).
• The National Center for Missing & Exploited Children® (NCMEC) aims to prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them. Contact NCMEC at 1.800.THE.LOST (1.800.843.5678) or report incidents at http://www.missingkids.org/gethelpnow/cybertipline
• The National Human Trafficking Resource Center (NHTRC) operates a hotline 24 hours a day, every day. The NHTRC will help callers identify and coordinate with local organizations that protect and serve victims of trafficking. Contact the NHTRC at 1.888.373.7888.

Adopted January 2009 – Reviewed by BOM February 2025

California State PTA neither supports nor opposes the use of gambling or gaming to raise funds for the state’s public schools. PTA does recognize that promoters of gaming programs capitalize on the market advantages of linking their gaming enterprises with public education. PTA also recognizes that revenue from the California State Lottery, enacted by a voter-approved initiative in 1984, reinforces a misconception among a significant portion of the voting public that education is “fully-funded” or “taken care of” by the State Lottery, although the Lottery has never contributed more than two percent of California’s statewide funding for education. Further, PTA acknowledges that public schools have come to rely on revenue generated by the State Lottery, but believes lottery funds allocated to public schools must be used to supplement, never to supplant, the state’s financial obligation to education. Lottery funds should never be used for ongoing expenditures and should always be treated as an annual infusion of one-time only funds.

PTA believes any effort to reform or modify the State Lottery should be guided by the principle of protecting education funding and holding it harmless. Any effort to modify the Lottery as part of a State Budget reform should be rational, transparent, and guided by the principle of fiscal responsibility.

PTA opposes efforts to:

• Mandate the purpose for which lottery funds may be spent, other than those purposes contained in the original voter-approved ballot measure, or approved by the State Legislature in conformity with provisions of the ballot measure;
• Divert lottery revenues to any purpose other than public education without identifying another source of revenue for schools to replace lost lottery funds;
• Change the formula for determining the percentage of lottery revenues allocated to school districts if the change would mean a lower percentage of revenues allocated to public schools; or
• Change the method of allocating lottery revenues other than directly from the State Controller’s Office to local school districts.

Finally, California State PTA believes that funding public education is an important and noble goal, and a shared public responsibility best accomplished by non-regressive tax policies that include concepts that would provide sufficient revenues to fund quality education programs.

Adopted January 1968 – Reviewed and deemed relevant February 2015 – Revised August 2020 – Health & Community Concerns Commission

California State PTA is concerned for the health and well-being of all children and youth. California State PTA believes that comprehensive health education is essential for each child to develop to his fullest potential.

California State PTA believes that comprehensive health education includes physical, mental, emotional, and social well-being. California State PTA recognizes that many students are sexually active and that this may result in pregnancy or sexually transmitted diseases, including HIV infection leading to AIDS and Human Papilloma Virus (HPV).

California State PTA also believes that the home, the school, and the community each bear some responsibility for the health of all children and youth. This shared responsibility should provide:

• Comprehensive health education for all children and youth;
• School curriculum and instruction related to good health and prevention of disease;
• Children and youth with the ability to make intelligent decisions that will develop and maintain good health habits;
• An awareness of individual, family, and community health needs; and
• Statewide health standards, accountability and testing.

Schools contribute to the achievement of public health goals in conjunction with their educational commitments. California State PTA believes that a strong, comprehensive program of health education taught by qualified personnel should be an integral part of the core school curriculum. Through coordinated school health programs that include access to health services, health education, and the involvement of parent and community coalitions, the health and well-being of all students can be promoted and protected.

California State PTA supports the right of a parent to be notified about any course of study regarding sex education and to review the curriculum materials to be used. PTA further supports the right of a parent/guardian to request in writing that his/her student be excused from such a course of study.

Numerous national health organizations have adopted policies in support of school condom availability as a component of comprehensive sexuality education. The Centers for Disease Control and Prevention states that the proper and consistent use of latex or polyurethane condoms can greatly reduce a person’s risk of acquiring or transmitting sexually transmitted infections, including HIV/AIDS and HPV.

While the California State PTA has no specific position on school districts making condoms available to students, if a school district elects to do so, PTA urges that the condoms should be made available only under the following specific conditions:

• That strategies for preventing the spread of HIV/AIDS and HPV should be taught, including abstinence from sexual relations and intravenous drug use.
• That the local school board has an existing condom availability policy.
• That a licensed health professional provide condoms only upon request.
• That verbal and written instructions be given in the proper use of condoms including information about spermicide(s) approved by the Centers for Disease Control and Prevention as well as information on condom failure at the time they are given to students.
• That any parent or guardian who objects to his or her student receiving a condom may so inform the school in writing. (The law requires school districts to notify parents when a condom availability policy is established.

PTAs should not assume the responsibility for making condoms available either with financial support or volunteer assistance due to the potential risk of liability.

Adopted May 2013 – Community Concerns Commission – Revised August 2018

California State PTA believes stability is integral to a child’s quality of life and that the state has the primary responsibility for the well-being of children in foster care.

Every foster care child has the rights belonging to all children. Because society has temporarily or permanently separated them from their parents and other family members, society is responsible for providing special safeguards, resources, and care to all foster children.

California’s foster children are often bounced from placement to placement, and from school to school. This lack of stability often causes education-related problems, including a loss of school credits, interrupted academic progress, and delayed high school graduation.

California sets minimum high school graduation requirements for students. However, many school districts set graduation requirements beyond those required by the state.  A foster child relocated during high school can be faced with additional graduation requirements at the new school district and not have enough time to complete the additional courses and graduate on time.  California State PTA believes that foster youth with multiple high school placements should be afforded accommodations as necessary to be able to earn a high school diploma that falls short of local district course requirements but takes into account the courses taken by the student, and meets or exceeds state graduation requirements.

California State PTA supports the foster child Bill of Rights as listed in Welfare and Institutions Code (Section 16001.9). California State PTA believes that the foster family has the right:

• To live in a safe, healthy, and comfortable home where they are treated with respect;
• To be free from physical, sexual, emotional, or other abuse, or corporal punishment;
• Not to be subject to police custody or arrest for ‘normal’ domestic disturbances;
• To receive adequate and healthy food, adequate clothing, and, for children in group homes, an adequate allowance;
• To receive timely, high quality medical, dental, vision, and mental health services;
• To be free of forced use of medication or chemical substances, unless authorized by a licensed physician;
• To freely contact family members, unless prohibited by court order:
• To freely contact social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASA), and probation officers;
• To visit and contact brothers and sisters, unless prohibited by court order;
• To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for requesting this access or making complaints;
• To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order;
• To attend religious services and activities of their choice;
• To maintain an emancipation bank account and manage personal income, consistent with the child’s age and developmental level, unless prohibited by the case plan;
• Not to be locked in any room, building, or facility premises, unless placed in a community treatment facility;
• To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level;
• To work and develop job skills at an age-appropriate level that is consistent with state law;
• To have social contacts with people outside of the foster care system, such as teachers, church members, mentors, and friends;
• To attend Independent Living Program classes and activities beginning when they meet age requirements;
• To attend their own court hearings and speak to the judge;
• To have storage space for personal possessions;
• To review their own case plan when they reach 12 years of age and to receive information about their out-of-home placement and case plan, including being consulted on changes to the plan;
• To be free from unreasonable searches of their persons or belongings;
• To the confidentiality of all of their juvenile court records consistent with existing law;
• To have fair and equal access to all available services, placement, care, treatment, and benefits, and not to be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status; and
• Beginning at 16 years of age, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.

The California State PTA believes that foster families have the right:

• To be treated with dignity, respect, trust, and consideration as a primary provider of foster care and as a member of the professional team caring for foster children;
• To be provided a current explanation and understanding of the role of the Child Welfare department and the approved role of the members of the child’s birth family in the child’s foster care with updates as the case plan evolves;
• To continue their own family values and routines; that every effort will be made by the Child Welfare department to work with the family to place a child who can participate in and benefit from established family customs and routines;
• To be provided training and support by the Child Welfare department for the purpose of improving skills in providing daily care and meeting the special needs of the child in foster care;
• To be provided training by the Child Welfare department for obtaining support and information concerning a full understanding of the rights and responsibilities of the foster parent(s);
• To review, prior to placement, written information concerning the child and to have a voice in determining if such child would be a proper placement for the prospective foster family. For emergency placements where time does not allow prior review of such information, the Child Welfare department shall provide information as it becomes available;
• To obtain all biographical and medical information on a child prior to or at the time of placement;
• To refuse placement of a child in the foster home or request the removal of the child from the foster home without reprisal;
• To obtain timely financial reimbursement;
• To help plan visitation with a child’s parents and siblings;
• To receive notice of Child Welfare department plans or court proceedings affecting a child’s placement;
• To have priority consideration when a foster child becomes available for adoption, and;
• To be provided a fair and timely investigation of foster home complaints and an ability to appeal decisions of the placement board.