AB 1166: Pupils in foster care: pupils who are homeless children or youth: school transfer: exemption from local graduation requirements.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-08-11
Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements transfers into a school, of the availability of the exemption and whether the pupil qualifies for an exemption.
This bill would, if the school district fails to provide that notification, declare the effected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the courts jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable, if the pupil otherwise qualifies for the exemption.
Existing law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
This bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements transfers into a school, of the availability of the exemption and whether the pupil qualifies for an exemption.
This bill would, if the school district fails to provide that notification, declare the effected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the courts jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable, if the pupil otherwise qualifies for the exemption.
Existing law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
This bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements transfers into a school, of the availability of the exemption and whether the pupil qualifies for an exemption.
This bill would, if the school district fails to provide that notification, declare the effected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the courts jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable. applicable, if the pupil otherwise qualifies for the exemption.
Existing law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
This bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements transfers into a school, of the availability of the exemption and whether the pupil qualifies for an exemption.
This bill would, if the school district fails to provide that notification, declare the effected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the courts jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable.
Existing law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
This bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(a)Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupils second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school districts graduation requirements within the pupils fifth year of high school, the school district shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the school districts graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school districts graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the school districts graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year in high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, or a pupil who is a homeless child or youth, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, or a pupil who is a homeless child or youth, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k)A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupils second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school districts graduation requirements within the pupils fifth year of high school, the school district shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the school districts graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school districts graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the school districts graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year in high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, or a pupil who is a homeless child or youth, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, or a pupil who is a homeless child or youth, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k)A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupils second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school districts graduation requirements within the pupils fifth year of high school, the school district shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the school districts graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school districts graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the school districts graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil. pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth. youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year in high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, or a pupil who is a homeless child or youth, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, or a pupil who is a homeless child or youth, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k)A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupils second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school districts graduation requirements within the pupils fifth year of high school, the school district shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the school districts graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school districts graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the school districts graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth.
(e)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year in high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, or a pupil who is a homeless child or youth, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, or a pupil who is a homeless child or youth, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k)A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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| Jun 10, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (June 10). Re-referred to Com. on APPR. |
| Aug 11, 2015 | Chaptered by Secretary of State - Chapter 171, Statutes of 2015. |
| Aug 11, 2015 | Approved by the Governor. |
| Aug 3, 2015 | Enrolled and presented to the Governor at 3 p.m. |
| Jul 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2315.). |
| Jul 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Jul 6, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1793.). |
| Jul 6, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 6, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 8 pursuant to Assembly Rule 77. |
| Jul 1, 2015 | Ordered to special consent calendar. |
| Jun 29, 2015 | Read second time and amended. Ordered to third reading. |
| Jun 25, 2015 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (June 22). |
| Feb 27, 2015 | Introduced. To print. |
| May 14, 2015 | Referred to Com. on ED. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1225.) |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. |
| Apr 30, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 23, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 22, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 22). |
| Apr 9, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 8). Re-referred to Com. on APPR. |
| Mar 23, 2015 | Referred to Com. on ED. |
| Mar 2, 2015 | Read first time. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 9, 2015 | AB 1166 BLOOM Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 6, 2015 | Special Consent #4 AB1166 Bloom | Senate Floor |
Passed |
|
| Jun 22, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 10, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Apr 30, 2015 | AB 1166 BLOOM Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 22, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California School Administrators | ** Support | Jul 9, 2015 |
| California State PTA | ** Support | Jul 9, 2015 |
| National Association of Social Workers | ** Support | Jun 22, 2015 |
| National Association Of Social Workers, California Chapter | ** Support | Jul 9, 2015 |
| School Employers Association Of California | * Support | Jun 22, 2015 |
| u None received. | ** Against | Jun 22, 2015 |
AB 1166
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1166
(Bloom)
As Amended June 29, 2015
Majority vote
ASSEMBLY: |
77-0 |
(April 30, 2015) |
SENATE: |
39-0 |
(July 6, 2015) |
Original Committee Reference: ED.
SUMMARY: Allows students in foster care and those who are homeless to be eligible for the exemption from local graduation requirements even if they are not notified of this right within 30 days of enrollment, and allows homeless students to be exempt even if they are no longer homeless or if they transfer to another school or district.
The Senate amendments clarify that if a school district fails to provide timely notice to a foster care student or homeless student, only those students who qualify are exempted from local graduation requirements.
EXISTING LAW:
Requires school districts to exempt students in foster care and those who are homeless who transfer between schools after their second year in high school from local graduation requirements.
Requires school districts to notify specified individuals, including students in foster care and those who are homeless, within 30 days of the date that they transfer into a school, that they are exempt from local graduation requirements, and whether individual students qualify for the exemption.
Requires that the exemption from local graduation requirements continue to apply to students in foster care even if their court jurisdiction is terminated, or if students transfer to another school or district.
FISCAL EFFECT: According to the Senate Appropriations Committee, potential, likely minor, reimbursable mandate costs to the extent the Commission on State Mandates determines this bill constitutes a higher level of service.
COMMENTS:
Need for the bill. According to the author, "AB 1166 is a clean-up measure for last year's AB 1806 [(Bloom), Chapter 767, Statutes of 2014], which gave students identified as homeless education-related rights similar to those of their foster youth peers… AB 1166 will close several loopholes by clarifying the students who have been homeless but no longer are should still receive the same education-related rights as currently homeless students."
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0001171
AB 1166
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1166
Introduced: 6/29/15
SENATE EDUCATION COMMITTEE: 8-0, 6/10/15
AYES: Liu, Runner, Block, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE: 6-0, 6/22/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NO VOTE RECORDED: Nielsen
ASSEMBLY FLOOR: 77-0, 4/30/15 - See last page for vote
SUBJECT: Pupils in foster care: pupils who are homeless children or youth: school transfer: exemption from local graduation requirements
DIGEST: This bill provides that foster youth and homeless youth are eligible for the exemption from locally-imposed high school graduation requirements even if not notified of this right, and provides that homeless youth who are exempted continue to be exempted even if the student is no longer homeless.
ANALYSIS: Existing federal law, the McKinney-Vento Homeless
Assistance Act, defines homeless individuals as people who lack a
fixed, regular, and adequate nighttime residence, and includes
children and youths who, among other situations, are sharing the
housing of other persons due to loss of housing, economic hardship,
or a similar reason; are living in motels, hotels, trailer parks, or
camping grounds due to the lack of alternative adequate
accommodations. (United States Code, Title 42, § 11302(a))
Existing state law:
Requires school districts to exempt a student in foster care or a student who is homeless, who transfers between schools any time after the completion of the student’s second year of high school, from all locally-imposed graduation requirements. (Education Code § 51225.1(a))
Excludes students from this exemption if the school district makes a finding that the student is reasonably able to complete the local graduation requirements in time to graduate by the end of the student’s fourth year of high school. (EC § 51225.1(a))
Requires school districts to notify, within 30 calendar days of the date the foster youth transfers into a school, the student, the person holding educational rights, and the student’s social worker of the availability of the exemption and whether the student qualifies. (EC § 51225.1(d))
Requires school districts to notify, within 30 calendar days of the date the homeless youth transfers into a school, the student, the person holding educational rights, and the local educational agency (LEA) liaison for homeless youth of the availability of the exemption and whether the student qualifies. (EC § 51225.1(d))
Requires schools to continue to apply the exemption for a foster youth after the termination of the court’s jurisdiction while the student is enrolled in that school or if the student transfers to another school or school district. (EC § 51225.1(j))
This bill:
Provides that foster and homeless youth are eligible for the exemption from locally-imposed high school graduation requirements once the student is notified, if the school district fails to provide timely notice (as required by existing law), even if that notification occurs after the termination of the court’s jurisdiction over the foster youth or the youth is no longer homeless.
Clarifies that a student is exempt from locally-imposed high school graduation requirements if the district failed to provide timely notification only if the student otherwise qualifies for the exemption.
Requires the exemption to continue for homeless youth after the student is no longer homeless while the student is enrolled in that school or if the student transfers to another school or school district.
Comments
Parity. This bill closes a loophole relative to the lack of notification to foster and homeless youth of eligibility for the exemption, and gives parity to homeless youth for the right to continue to be exempt even if the student is no longer homeless (existing law provides that foster youth are to continue to be exempt even if no longer in foster care). The federal McKinney-Vento Homeless Assistance Act requires schools to continue the homeless youth’s education in the school of origin for the duration of homelessness, or for the remainder of the academic year if the child or youth becomes permanently housed during an academic year.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, this bill would impose potential, likely minor, reimbursable mandate costs to the extent the Commission on State Mandates determines this bill constitutes a higher level of service.
Association of California School Administrators
California State PTA
National Association of Social Workers, California Chapter
OPPOSITION: (Verified 6/25/15)
None received
ARGUMENTS IN SUPPORT: According to the National Association of Social Workers, it is unfortunately all too common for a foster child or a homeless youth to not be informed of their educational rights. These children typically change schools many times during their school years. This bill will help to ensure that they graduate on time and not be burdened by graduation requirements that vary between localities.
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by: Lynn Lorber / ED. / (916) 651-4105
7/1/15 16:15:28
**** END ****
AB 1166 (Bloom) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1166 (Bloom) - Pupils in foster care: pupils who are homeless children or youth: school transfer: exemption from local graduation requirements.
|
|
Version: February 27, 2015 |
Policy Vote: ED. 8 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: |
Consultant: Jillian Kissee |
This bill does not meet the criteria for referral to the Suspense File.
Bill Summary:
This bill provides that foster youth and homeless youth that transfer between schools are eligible for exemption from local graduation requirements above what is required at the state level, even if the students were not notified in a timely manner of the availability of those exemptions. This bill also provides that a homeless youth’s exemption continues to apply even if the student is no longer homeless.
Fiscal Impact:
Potential, likely minor, reimbursable mandate costs to the extent the Commission on State Mandates determines this bill constitutes a higher level of service.
Background:
The federal McKinney-Vento Act defines homeless individuals as people who lack a fixed, regular, and adequate nighttime residence, and includes children and youths who, among other situations, are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; or are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations. (United States Code, Title 42, § 11302(a))
The McKinney-Vento Act further requires each local educational agency to designate a staff person as a liaison for homeless children and youth, and carry out specific duties, such as ensuring immediate enrollment, access to educational opportunities offered to other students, and providing notice of the rights of homeless youth. (42 USC § 11432(g)(1)(J)(ii))
Current state law requires school districts to exempt foster care students or homeless students who transfer between schools any time after the student’s second year of high school from locally-imposed graduation requirements beyond those required by the state, unless the school district finds that the student is reasonably able to complete local requirements in time to graduate high school in four years. (Education Code, § 51225.1(a))
Existing law requires a school district to notify a foster care student or a homeless student, and other specified individuals, within 30 days after the student transfers into a school of the availability of the exemption and whether the student qualifies for an exemption. (Education Code, § 51225.1(d))
If a foster care student is exempted from local graduation requirements, existing law requires the exemption to continue to apply after the termination of the court’s jurisdiction over the student while he or she is enrolled in school or if the student transfers to another school or school district. (Education Code, § 51225.1(j))
Proposed Law:
This bill requires that if a school district fails to provide notice to a foster care or homeless student within 30 days of the student’s transfer, the student is eligible for exemption from local graduation requirements once the student is notified, even if the notification occurs after the termination of the court’s jurisdiction over the foster care student or after the homeless student is no longer homeless.
This bill also requires, consistent with foster care students, that if a student who is homeless is exempted from local graduation requirements, the exemption continues to apply after the student is no longer homeless while he or she is enrolled in school or if the student transfers to another school or school district.
Related Legislation:
SB 445 (Liu) extends the right to remain in the school of origin to homeless students, which is currently provided to students who are in foster care. SB 445 is pending in the Assembly Education Committee.
AB 1806 (Bloom) Chapter 767, 2014, extends the same policies and procedures for suspension, expulsion, graduation requirements, and completed coursework to students who are homeless that are provided to students who are in foster care. With regard to graduation requirements, it requires school districts to exempt homeless students who transfer between schools any time after completion of the students’ second year of high school from local graduation requirements, and to take action as specified.
Staff Comments:
This bill provides clarification regarding foster youth and homeless youth education rights in situations in which a school district fails to provide timely notice of the availability of exemptions from local graduation requirements upon transferring to another school or when a student’s foster care or homeless status changes.
According to the author’s office, this bill is a clean-up measure for last year’s AB 1806, which gave students identified as homeless education-related rights similar to those of their foster peers with regard to graduation and other requirements. The author’s office indicates that AB 1806 did not address whether these rights would apply to students who find housing or students who were not recognized as homeless when they were.
To the extent schools are not currently operating in accordance with the bill’s provisions due to the lack of clarity in the law, potential mandated costs could be incurred, such as updating procedures. However, since this bill provides minor clarifications to a larger system already required by current law, these incremental changes are unlikely to trigger significant state costs.
Recommended Amendments:
Clarify that if a school district fails to provide timely notice to a foster care student or homeless student, only those students that qualify are exempted from local graduation requirements. This bill could be interpreted to mean if a school district fails to provide timely notice, both qualified and unqualified foster care or homeless students are required to be exempted from local graduation requirements.
-- END --
AB 1166 (Bloom) Page 3 of 3
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1166
Author: |
Bloom |
||
Version: |
February 27, 2015 Hearing Date: June 10, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Lynn Lorber |
||
Subject: Pupils in foster care: pupils who are homeless children or youth: school transfer: exemption from local graduation requirements
SUMMARY
This bill provides that foster youth and homeless youth are eligible for the exemption from locally-imposed high school graduation requirements even if not notified of this right, and provides that homeless youth who are exempted continue to be exempted even if the student is no longer homeless.
BACKGROUND
Existing
federal law, the McKinney-Vento Homeless Assistance Act, defines
homeless individuals as people who lack a fixed, regular, and
adequate nighttime residence, and includes children and youths who,
among other situations, are sharing the housing of other persons due
to loss of housing, economic hardship, or a similar reason; are
living in motels, hotels, trailer parks, or camping grounds due to
the lack of alternative adequate accommodations. (United States
Code, Title 42, § 11302(a))
Existing state law:
Requires school districts to exempt a student in foster care or a student who is homeless, who transfers between schools any time after the completion of the student’s second year of high school, from all locally-imposed graduation requirements. (Education Code § 51225.1(a))
Excludes students from this exemption if the school district makes a finding that the student is reasonably able to complete the local graduation requirements in time to graduate by the end of the student’s fourth year of high school. (EC § 51225.1(a))
Requires school districts to notify, within 30 calendar days of the date the foster youth transfers into a school, the student, the person holding educational rights, and the student’s social worker of the availability of the exemption and whether the student qualifies. (EC § 51225.1(d))
Requires school districts to notify, within 30 calendar days of the date the homeless youth transfers into a school, the student, the person holding educational rights, and the local educational agency (LEA) liaison for homeless youth of the availability of the exemption and whether the student qualifies. (EC § 51225.1(d))
Requires schools to continue to apply the exemption for a foster youth after the termination of the court’s jurisdiction while the student is enrolled in that school or if the student transfers to another school or school district. (EC § 51225.1(j))
ANALYSIS
This bill provides that foster youth and homeless youth are eligible for the exemption from locally-imposed high school graduation requirements even if not notified of this right, and provides that homeless youth who are exempted continue to be exempted even if the student is no longer homeless. Specifically, this bill:
Provides that foster and homeless youth are eligible for the exemption from locally-imposed high school graduation requirements once the student is notified, if the school district fails to provide timely notice (as required by existing law), even if that notification occurs after the termination of the court’s jurisdiction over the foster youth or the youth is no longer homeless.
Requires the exemption to continue for homeless youth after the student is no longer homeless while the student is enrolled in that school or if the student transfers to another school or school district.
STAFF
COMMENTS
Need for the bill. According to the author, “AB 1166 is a clean-up measure for last year’s AB 1806, which gave students identified as homeless education-related rights similar to those of their foster youth peers. AB 1806 exempted homeless students in their last two years of high school from district-specific requirements, and clarified that homeless youth have the same rights as foster children when it comes to receiving partial credit for work they completed at other schools. AB 1806 did not address if these arrangements would apply to students who find housing or students who weren’t recognized as homeless when they were. AB 1166 will close these loopholes by clarifying the students who have been homeless but no longer are should still receive the same education-related rights as currently homeless students.”
Parity. This bill closes a loophole relative to the lack of notification to foster and homeless youth of eligibility for the exemption, and gives parity to homeless youth for the right to continue to be exempt even if the student is no longer homeless (existing law provides that foster youth are to continue to be exempt even if no longer in foster care). The federal McKinney-Vento Homeless Assistance Act requires schools to continue the homeless youth’s education in the school of origin for the duration of homelessness, or for the remainder of the academic year if the child or youth becomes permanently housed during an academic year.
Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose unknown, likely minor, Proposition 98 state reimbursable mandated costs to local educational agencies.
Related legislation. SB 445 (Liu) extends the right to remain in the school of origin to homeless students, which is currently provided to students who are in foster care. SB 445 is scheduled to be heard by the Assembly Education Committee on June 17.
SUPPORT
Association of California School Administrators
California State PTA
National Association of Social Workers
OPPOSITION
None received.
-- END --
AB 1166
Page 1
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1166
(Bloom) – As Introduced February 27, 2015
Policy Committee: |
Education |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill allows students in foster care and those who are homeless to be eligible for the exemption from local graduation requirements even if they are not notified of this right within 30 days of enrollment, and allows homeless students to be exempt even if they are no longer homeless or if they transfer to another school or district.
FISCAL EFFECT: Unknown, likely minor, Proposition 98/GF state reimbursable mandated costs to local education agencies. This bill makes minor adjustments to policies and procedures already in place for foster youth and homeless youth.
COMMENTS:
Purpose. Current law requires school districts to exempt students in foster care and those who are homeless who transfer between schools after their second year in high school from local graduation requirements. Current law continues these provisions for foster youth even if their court jurisdiction is terminated, or if students transfer to another school or district. This bill provides a similar exemption for homeless youth.
Current law requires school districts to notify students in foster care and those who are homeless, within 30 days of the date that they transfer into a school, that they are exempt from local graduation requirements, and whether individual students qualify for the exemption. This bill clarifies that homeless and foster youth are exempt from the local graduation requirements even if the notification is provided after the 30 day requirement.
Related legislation. AB 1806 (Bloom), Chapter 767, Statutes of 2014, required notification of homeless liaisons when homeless youth with special needs are at risk of expulsion, exempted these homeless students in their last two years of high school from district-specific [graduation] requirements, and clarified that homeless youth have the same rights as foster children when it comes to receiving partial credit for work they completed at other schools.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
AB 1166
Page 3
Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1166
(Bloom) – As Introduced February 27, 2015
SUBJECT: Pupils in foster care: pupils who are homeless children or youth: school transfer: exemption from local graduation requirements
SUMMARY: Allows students in foster care and those who are homeless to be eligible for the exemption from local graduation requirements even if they are not notified of this right within 30 days of enrollment, and allows homeless students to be exempt even if they are no longer homeless or if they transfer to another school or district. Specifically, this bill:
Requires that students in foster care and those who are homeless who are not notified of the right to be exempt from local graduation requirements within 30 days of transfer into a school (as required by current law) be eligible for the exemption once they are notified, even if their court jurisdiction or homelessness has ended.
Requires that if a student who is homeless is exempted from local graduation requirements, the exemption continue to apply even if the student is no longer homeless or transfers to another school or district.
EXISTING LAW:
Permits school district governing boards to establish local graduation requirements in excess of those of the state.
Requires school districts to exempt students in foster care and those who are homeless who transfer between schools after their second year in high school from local graduation requirements.
Requires school districts to notify specified individuals, including students in foster care and those who are homeless, within 30 days of the date that they transfer into a school, that they are exempt from local graduation requirements, and whether individual students qualify for the exemption.
Requires that the exemption from local graduation requirements continue to apply to students in foster care even if their court jurisdiction is terminated, or if students transfer to another school or district.
Defines, in the federal McKinney-Vento Act, “homeless children and youth” as individuals who lack a fixed, regular, and adequate nighttime residence, including children who are sharing the housing of other people, living in motels, hotels, trailer parks, or camp grounds, emergency or transitional shelters, abandoned in hospitals or awaiting foster care placement, or who are living in a place not generally used for sleeping, cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, and migratory children living in the circumstances above.
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. The author’s office states, “AB 1806 [Bloom, Chapter 767, Statutes of 2014] required notification of homeless liaisons when homeless youth with special needs are at risk of expulsion, exempted these homeless students in their last two years of high school from district-specific [graduation] requirements, and clarified that homeless youth have the same rights as foster children when it comes to receiving partial credit for work they completed at other school. The bill was meant to help homeless youth graduate, taking into consideration their special circumstances. The bill did not address if these arrangements would apply to students who find housing or students who weren’t recognized as homeless when they were. The bill will close these loopholes by clarifying the students who have been homeless but no longer are should still receive the same education-related rights as currently homeless students.”
Homeless youth education outcomes. According to Columbia University’s National Center for Children in Poverty,i children who experience homelessness are highly at risk for poor educational outcomes. Among them, homeless children:
Are more likely to be retained
Are more likely to change school placement (nearly 40% changed school from two to five times in the last 12 months)
Often have missed significant amounts of school (nearly 40% missed more than one week of school in the past three months)
Have reading, spelling, and mathematics scores are more often below grade level
Are more likely to require a special education evaluation (almost 50 percent), but less than 23 percent of those with any disability have ever received special education evaluation or special education services
Are much less likely to complete high school
McKinney-Vento program eligibility when homeless students obtain stable housing. According to the CDE, when students receiving services through the federal McKinney-Vento homeless education program obtain stable housing they remain eligible for services through the end of the academic year, and then become ineligible for services.
Related legislation this session. AB 379 (Gordon), approved by this Committee on March 25th, would make complaints alleging violations of certain educational rights afforded to students who are homeless subject to the Uniform Complaint Procedures.
AB 891 (Campos), pending in this Committee, provides homeless and low-income youth with priority for enrollment in before and after school programs and free transportation to and from school, and requires the Department of Social Services to provide youth in families receiving benefits through the California Work Opportunity and Responsibility to Kids program additional assistance for specified purposes.
AB 982 (Eggman), pending in the Assembly Human Services Committee, gives homeless children priority for enrollment in subsidized child care and development programs.
SB 445 (Liu), pending in the Senate Education Committee, would require a local educational agency to allow a homeless child to continue his or her education in his or her school of origin through the duration of his or her homelessness, and provides a right to immediate enrollment.
REGISTERED SUPPORT / OPPOSITION:
Support
National Association of Social Workers, California Chapter
Opposition
None on file
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087
i Aratani, Yuriko. Homeless Children and Youth: Causes and Consequences. National Center on Children in Poverty, Columbia University, 2009. Retrieved on 3/28/15: http://nccp.org/publications/pub_888.html
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Bill Co-Author(s):