(1)The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaisons local educational agency, as specified.

This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(2)Existing law requires a pupil placed in a licensed childrens institution or foster family home to attend programs operated by the local educational agency, unless one of certain circumstances applies. Existing law requires each local educational agency to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison for foster children to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades. Existing law defines a local educational agency for purposes of these provisions, the provisions above relating to homeless children and youth, and other related provisions to include a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area.

This bill would revise the definition of a local educational agency for purposes of those provisions to include all charter schools. To the extent this would impose additional duties on charter schools, the bill would impose a state-mandated local program.

(3)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.

(1)The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaisons local educational agency, as specified.

This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(2)Existing law requires a pupil placed in a licensed childrens institution or foster family home to attend programs operated by the local educational agency, unless one of certain circumstances applies. Existing law requires each local educational agency to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison for foster children to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades. Existing law defines a local educational agency for purposes of these provisions, the provisions above relating to homeless children and youth, and other related provisions to include a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area.

This bill would revise the definition of a local educational agency for purposes of those provisions to include all charter schools. To the extent this would impose additional duties on charter schools, the bill would impose a state-mandated local program.

(3)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.

(1)The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaisons local educational agency, as specified.

This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(3)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.

The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaisons local educational agency, as specified.

This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the 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.

The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaisons local educational agency, as specified.

This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the 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.

 UNFINISHED BUSINESS  

Bill No: SB 445

Author: Liu (D)

Amended: 7/9/15

Vote: 21

SENATE EDUCATION COMMITTEE: 8-0, 4/8/15

AYES: Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/4/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SENATE FLOOR: 36-0, 5/18/15

AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Berryhill, Hall, Pavley

ASSEMBLY FLOOR: 79-0, 8/20/15 (Consent) - See last page for vote

SUBJECT: Pupil instruction and services: homeless children: foster children

SOURCE: Public Counsel

DIGEST: This bill extends the right to remain in the school of origin to homeless students, which is currently provided to students who are in foster care.

Assembly Amendments modify the definition of “local educational agency,” relative to existing provisions for the education of foster youth, to include all charter schools, rather than only charter schools that participate as a member of a special education local plan area.

ANALYSIS: Existing federal law, the federal McKinney-Vento Homeless Assistance Act (McKinney-Vento Act):

1. 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))
   
   

2. Requires local educational agencies (LEAs) to continue the child’s or youth’s education in the school of origin for the duration of homelessness, according to the child’s or youth’s best interest, as follows:
   
   

   1. In any case in which a family becomes homeless between academic years or during an academic year; or,
      
      

   2. For the remainder of the academic year, if the child or youth becomes permanently housed during an academic year.

(42 USC § 11432(g)((3)(A))

3. Requires the state and LEAs to adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian, to and from the school of origin in accordance with the following:
   
   

   1. If the homeless child or youth continues to live in the area served by the LEA in which the school of origin is located, the child’s or youth’s transportation to and from the school of origin must be provided or arranged by the LEA in which the school of origin is located.
      
      

   2. If the homeless child’s or youth’s living arrangements in the area serviced by the LEAs of origin terminate and the child or youth, though continuing his or her education in the school of origin, begins living in an areas served by another LEA, the LEA of origin and the LEA in which the homeless child or youth is living must agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the LEAs are unable to agree upon such method, the responsibility and costs for transportation are to be shared equally. (42 USC § 11432(g)(1)(J)(iii))

4. Requires each LEA to designate a liaison for homeless youth.

(42 USC § 11432(g)(1)(J)(ii))

5. Defines “school of origin” as the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled. (42 USC § 11432(g)(3)(G))

Existing state law:

1. Requires LEAs to allow a foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court after changing residential placement. (Education Code § 48853.5(e)(1))
   
   

2. Requires, if the jurisdiction of the court is terminated prior to the end of an academic year, the foster youth must be allowed to continue in the school of origin through the duration of the school year. If the foster youth is transitioning between grade levels, including transitions to middle or high school and even if the school designated for matriculation is in another school district, the school district must allow the foster youth to matriculate with his or her peers. (EC § 48853.5(e)(2), (3), & (4))
   
   

3. Requires a foster child to have the right to remain in the school of origin pending the resolution of any dispute regarding the request of a foster child to remain in that school. (EC § 48853.5(e)(9))
   
   

4. Requires each person between the ages of 6 and 18 to attend the public school, for the full schoolday, of the school district in which the residency of either the parent or legal guardian is located. (EC § 48200)

5. Provides that school districts are not required to provide transportation to allow a foster child to attend a school, nor are school districts prohibited from, at its discretion, providing transportation to allow a foster child to attend a school. (EC § 48853.5(e)(5))
   
   

6. Authorizes the LEA liaison for foster children, with the agreement of the foster child and the person holding education rights, to recommend that the child's right to attend his or her school of origin be waived and the foster child be enrolled in any public school having an attendance area in which the foster child resides. Under this scenario, and prior to making any recommendation to move a foster child from his or her school of origin, the liaison must provide the foster child and person holding education rights with a written explanation stating the basis for the recommendation and how this recommendation serves the foster child’s best interest. (EC § 48853.5(e)(6) & (7))
   
   

7. Defines "school of origin" as the school the foster child attended when he or she was permanently housed or the last school in which the foster child was enrolled. If the school the foster child attended when permanently housed is different from the school of last attendance, or if there is another school that the foster child attended with which the child is connected and the child attended within the immediately preceding 15 months, the educational liaison, the foster child and the person holding educational rights shall determine the school that shall be deemed the school of origin. (EC § 48853.5(f))

This bill:

1. Requires the LEA serving the homeless child to allow the homeless child to continue his or her education in the school of origin, at the point of any change or any subsequent change in residence once a child becomes homeless, through the duration of homelessness.
   
   

2. Requires, if the homeless child’s status changes (is no longer homeless) before the end of the academic year, either of the following to apply:
   
   

   1. The LEA to allow the formerly homeless child to continue his or her education in the school of origin through graduation, if the child is in high school.
      
      

   2. The LEA to allow the formerly homeless child to continue his or her education in the school of origin through the duration of the academic school year, if the child is in kindergarten or grades 1-8.
      
      

3. Requires the following to apply, to ensure that the homeless child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts:
   
   

   1. The LEA must allow the homeless child to continue in the school district of origin in the same attendance area if the homeless child is transitioning between school grade levels.
      
      

   2. The LEA must allow the homeless child to continue to the school designated for matriculation if the homeless child is transitioning to a middle or high school and the school designated for matriculation is in another school district.
      
      

   3. The new school must immediately enroll the homeless child even if the child has outstanding fees, fines, textbooks, or other items or money due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records (including records or other proof of immunization history), proof of residency, other documentation, or school uniforms.
      
      

4. Requires the federal McKinney-Vento Act to govern the procedures for transportation and dispute resolution with respect to homeless children and school of origin.
   
   

5. Provides that this bill does not require a school district to provide transportation to a former homeless child who has an individualized education program (IEP) that does not require transportation as a related service and who changes residence but remains in his or her school of origin, unless the IEP team determines that transportation is a necessary related service, or the federal McKinney-Vento Act requires transportation to be provided.
   
   

6. Provides that this bill does not require a school district to provide transportation services to allow a homeless child to attend a school or school district, unless otherwise required under the federal McKinney-Vento Act or other federal law. This bill authorizes a school district, at its discretion, to provide transportation services to allow a homeless child to attend a school or school district.
   
   

7. Defines:
   
   

   1. “Homeless child” as is defined by the federal McKinney-Vento Act (see Background).
      
      

   2. “School of origin” as the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled. If the school the homeless child attended when permanently housed is different from the school of last attendance, or if there is some other school that the homeless child attended with which the homeless child is connected and that the child attended within the immediately preceding 15 months, the educational liaison, with the agreement of the homeless child and person holding educational rights, is to determine the school that is to be deemed the school of origin.
      
      

8. Modifies the definition of “local educational agency,” relative to existing provisions for the education of foster youth, to include all charter schools, rather than only charter schools that participate as a member of a special education local plan area.
   
   

9. States legislative intent that this bill not supersede or exceed other laws governing special education services for eligible homeless children.

Comments

Federal law is limited. The federal McKinney-Vento Act provides homeless students with the right to remain in the school of origin for the duration of homelessness, but does not extend the school of origin provisions to affect schools in the feeder pattern (e.g. homeless students may continue to attend their middle school but not the high school into which those middle school students typically matriculate). This bill exceeds the provisions of the McKinney-Vento Act by including feeder schools and allowing homeless students to remain in the school of origin (or matriculate to the feeder school) even if the student is no longer homeless. This bill also exceeds the McKinney-Vento Act in the definition of school of origin; the definition in this bill mirrors the current definition in state law relative to foster youth.

Parity with foster youth. This bill is consistent with existing law relative to the ability for foster youth to remain in the school of origin. Existing law extends to both foster youth and homeless youth an exemption from local high school graduation requirements, the awarding of partial credit for completed coursework, and notification to the LEA liaisons regarding expulsion proceedings.

How many homeless youth? According to the California Homeless Youth Project, there were approximately 270,000 homeless students in California during the 2012-13 school year. During the 2014-15 fiscal year, 84 school districts and county offices of education received funds under the federal McKinney-Vento Act in amounts ranging from almost $24,000 to over $216,000. The purpose of these funds is to facilitate the enrollment, attendance, and success in school, including addressing problems due to transportation needs, immunization and residency requirements, and lack of birth certificates and school records.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, this bill imposes unknown, likely minor costs to school districts to establish procedures that allow for homeless youth to attend their school of origin. This bill largely mirrors the federal McKinney-Vento Act. School districts may seek reimbursement from the state for costs associated with provisions of the bill that exceed federal law.

SUPPORT: (Verified 8/21/15)

Public Counsel (source)

California School Employees Association

California Teachers Association

Legal Services for Prisoners with Children

Mental Health America

OPPOSITION: (Verified 8/21/15)

None received

ARGUMENTS IN SUPPORT: According to Public Counsel, “during the 2013-14 school year, roughly 269,000 students in California experienced homelessness. These students have very little in the way of structured support, and for many of them their only safety net and stable connection is their school. A homeless child may have no control over where they may be living the next day. But, when that same child is able to stay in his or her school of origin, he or she can at least have consistency with a group of peers and adults, which can increase education outcomes and is a protective factor against other social and emotional harms.”

ASSEMBLY FLOOR: 79-0, 8/20/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, 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: Chu

Prepared by: Lynn Lorber / ED. / (916) 651-4105

8/21/15 14:57:40

**** END ****

Date of Hearing: July 15, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 445

Author:(Liu) – As Amended Ver:July 9, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill provides students who are homeless the right to remain in their schools of origin and the right to immediate enrollment. Specifically, this bill:

1. Requires a local education agency (LEA), at the point of change or subsequent change in residence once a student becomes homeless, to allow the student to continue his or her education in the school of origin through the duration of homelessness.

2. Specifies, if the homeless student’s status changes before the end of the academic year so that he or she is no longer homeless, the LEA is required to allow the student to continue his or her education in the school of origin through graduation. If the student is in kindergarten through 8^th grade, the LEA must allow the formerly homeless student to continue his or her education in the school of origin through the duration of the academic school year.

3. Requires, if a child is transitioning between grade levels, the LEA to allow the homeless child to continue in the school district of origin in the same attendance area to preserve the ability to matriculate with the homeless child’s peers,. If the homeless child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the LEA must allow the homeless child to continue to the school designated for matriculation in that school district.

4. Requires the new school to immediately enroll the student even if he or she has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, such as immunization records, proof of residency, or school uniforms.

5. States the intent of the Legislature that provisions of the bill not supersede or exceed other laws governing special education services for eligible homeless students.

6. States that the federal McKinney-Vento Homeless Assistance Act shall govern the procedures for transportation and dispute resolution with respect to homeless student and school of origin.

7. Specifies the bill does not require a school district to provide transportation to a former homeless student who has an individualized education program (IEP) that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this bill, unless the IEP team determines that transportation is a necessary related service, or the federal McKinney-Vento Homeless Assistance Act requires transportation to be provided.

8. States that this bill does not require a school district to provide transportation services to allow a homeless student to attend a school or school district, unless otherwise required under federal law.

9. Defines "homeless child" consistent with existing federal law. The bill also defines “School of origin” as the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled but allows for some discretion if the homeless child is connected to another school and the educational liaison, in consultation with, and with the agreement of, the homeless child and the person holding the right to make educational decisions for the homeless child, determine, in the best interests of the homeless child, the school that shall be deemed the school of origin. Also clarifies the definition of "LEA" applies to all charter schools.

FISCAL EFFECT:

Unknown, likely minor costs to school districts to establish procedures that allow for homeless youth to attend their school of origin. This bill largely mirrors the federal McKinney-Vento Homeless Assistance Act. School districts may seek reimbursement from the state for costs associated with provisions of the bill that exceed federal law.

COMMENTS:

Purpose. The federal McKinney-Vento Homeless Assistance Act provides homeless students with the right to remain in the school of origin for the duration of homelessness, but does not extend the school of origin provisions to affect schools in the feeder pattern (e.g. homeless students may continue to attend their middle school but not the high school into which those middle school students typically matriculate).

This bill exceeds the provisions of federal law to include feeder schools and allows homeless students to remain in the school of origin (or matriculate to the feeder school) even if the student is no longer homeless. This definition of “school of origin” also exceeds federal law but is consistent with state law as it applies to students in foster care.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: July 1, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 445

Author:(Liu) – As Amended Ver:April 15, 2015

SENATE VOTE: 36-0

SUBJECT: Pupil instruction and services: homeless children.

SUMMARY: Provides students who are homeless the right to remain in their schools of origin and the right to immediate enrollment. Specifically, this bill:

1. Requires that, at the point of any change or any subsequent change in residence once a student becomes homeless, the local educational agency (LEA) serving the student must allow the student to continue his or her education in the school of origin through the duration of homelessness.

2. Requires that, if the homeless student’s status changes before the end of the academic year so that he or she is no longer homeless, either of the following apply:

1. If the student is in high school, the LEA must allow the formerly homeless student to continue his or her education in the school of origin through graduation.

2. If the student is in kindergarten through 8^th grade, the LEA must allow the formerly homeless student to continue his or her education in the school of origin through the duration of the academic school year.

3. Requires that, if the homeless student is transitioning between school grade levels, the LEA allow him or her to continue in the school district of origin in the same attendance area.

4. Requires that, if the student is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the LEA must allow the student to continue to the school designated for matriculation in that school district.

5. Requires the new school to immediately enroll the student even if he or she has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, such as immunization records, proof of residency, or school uniforms.

6. States the intent of the Legislature that this section not supersede or exceed other laws governing special education services for eligible homeless students.

7. States that the federal McKinney-Vento Homeless Assistance Act shall govern the procedures for transportation and dispute resolution with respect to homeless student and school of origin.

8. States that this bill does not require a school district to provide transportation to a former homeless student who has an individualized education program (IEP) that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this bill, unless the IEP team determines that transportation is a necessary related service, or the federal McKinney-Vento Homeless Assistance Act requires transportation to be provided.

9. States that this bill does not require a school district to provide transportation services to allow a homeless student to attend a school or school district, unless otherwise required under federal law. States that a school district may, at its discretion, provide transportation services to allow a homeless student to attend a school or school district.

10. Defines “homeless child” using the federal definition in the McKinney-Vento Homeless Assistance Act.

11. Defines “school of origin” as the school that the homeless student attended when permanently housed or the school in which the homeless student was last enrolled.

12. States that if the school the homeless student attended when permanently housed is different from the school in which he or she was last enrolled, or if there is some other school that the student attended within the immediately preceding 15 months and to which the student is connected, the homeless education liaison, in consultation with specified people, to determine, in the best interests of the student, that the school is the school of origin.

EXISTING LAW:

Federal law:

1. Defines, in the federal McKinney-Vento Act Homeless Assistance 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.

2. Requires LEAs to continue the student’s education in the school of origin for the duration of homelessness, according to the child’s or youth’s best interest, as follows:
   
   

1. In any case in which a family becomes homeless between academic years or during an academic year; or,
   
   

2. For the remainder of the academic year, if the student becomes permanently housed during an academic year.
   
   

1. Requires the state and LEAs to adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian, to and from the school of origin in accordance with the following:
   
   

1. If the homeless student continues to live in the area served by the LEA in which the school of origin is located, the student’s transportation to and from the school of origin must be provided or arranged by the LEA in which the school of origin is located.
   
   

2. If the homeless student’s living arrangements in the area serviced by the LEA of origin terminate and the student, though continuing his or her education in the school of origin, begins living in an areas served by another LEA, the LEA of origin and the LEA in which the homeless child or youth is living must agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the LEAs are unable to agree upon such method, the responsibility and costs for transportation are to be shared equally.
   
   

2. Defines “school of origin” as the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled.

State law:

1. Requires local education agencies to allow a foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court after changing residential placement.

2. Requires that a student has the right to remain in his/her school of origin pending the resolution of a dispute regarding educational placement.

3. Requires, if the jurisdiction of the court is terminated prior to the end of an academic year, the foster youth must be allowed to continue in the school of origin through the duration of the school year. If the foster youth is transitioning between grade levels, including transitions to middle or high school and even if the school designated for matriculation is in another school district, the school district must allow the foster youth to matriculate with his or her peers.
   
   

4. Defines “school of origin” as the school the foster child attended when he or she was permanently housed or the last school in which the foster child was enrolled. If the school the foster child attended when permanently housed is different from the school of last attendance, or if there is another school that the foster child attended with which the child is connected and the child attended within the immediately preceding 15 months, the educational liaison, the foster child and the person holding educational rights shall determine the school that shall be deemed the school of origin.

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill is unlikely to result in significant costs to the state, with any state mandated costs anticipated to be minor.

COMMENTS:

Need for the bill. According to the author, “Under McKinney-Vento, homeless youth already have the right to remain in their school of origin for the duration of homelessness when a transfer occurs, but that right does not extend to a feeder school so that the student can matriculate with his or her peers, or to the end of high school if the student finds a permanent placement prior to completing his or her studies. These students have very little in the way of structured support, and for many of them their only safety net and stable connection is their school.”

Homeless youth education outcomes. According to a 2009 report by Columbia University’s National Center for Children in Poverty, children who experience homelessness are at high risk for poor educational outcomes. Among these outcomes, 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

Going beyond federal law to achieve parity with foster youth rights. Most provisions of this bill mirror the federal McKinney-Vento Act Homeless Assistance Act, while a few exceed the requirements of that law. These provisions are intended to make the rights of homeless youth consistent with those afforded students in foster care by state law. The areas in which this bill exceed federal law 1) provide that students have the right to matriculate to the school which feeds from the school of origin, 2) allow homeless students attending high school to remain in the school of origin through graduation, and 3) define “school of origin” consistent with state law as it applies to students in foster care.

Clarifying the definition of local educational agency in this chapter. Existing law, for purposes of the chapter this bill amends, defines LEA to include “charter schools participating as a member of a special education local plan area.” This chapter was originally written to apply to special education students residing in licensed children’s institutions, but has since been amended to address the rights of students who are homeless and are in foster care attending public schools generally. In addition, federal law pertaining to homeless students applies to all public schools, including charter schools. In practice, this chapter has been understood to apply to all charter schools. Accordingly, the Committee may wish to consider a clarifying amendment to delete “participating as a member of a special education local plan area” from that definition.

Related legislation. SB 177 (Liu), Chapter 491, Statutes of 2013, required school districts, charter schools, and county offices of education to immediately enroll homeless students.

AB 1806 (Bloom), Chapter 767, Statutes of 2014, extended policies and procedures for suspension, expulsion, graduation requirements and completed coursework to students who are homeless that are currently provided to students who are in foster care

AB 1166 (Bloom), which was approved by this Committee and is currently in the Senate, 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.

REGISTERED SUPPORT / OPPOSITION:

Support

Public Counsel (sponsor)

Association of California School Administrators

California Alliance of Child and Family Services

California Coalition for Youth

California Council of Community Mental Health Agencies

California School Employees Association

California State PTA

California Teachers Association

California Youth Empowerment Network

Children's Defense Fund-California

Legal Services for Prisoners with Children

Los Angeles Unified School District

Mental Health America of California

National Association for the Education of Homeless Children and Youth

National Association of Social Workers, California Chapter

National Center for Youth Law

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 445

Author: Liu (D)

Amended: 4/15/15

Vote: 21

SENATE EDUCATION COMMITTEE: 8-0, 4/8/15

AYES: Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/4/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SUBJECT: Pupil instruction and services: homeless children

SOURCE: Author

DIGEST: This bill extends the right to remain in the school of origin to homeless students, which is currently provided to students who are in foster care.

ANALYSIS: Existing federal law, under the federal McKinney-Vento Homeless Assistance Act (the Act):

1. 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))
   
   

2. Requires local educational agencies (LEAs) to continue the child’s or youth’s education in the school of origin for the duration of homelessness, according to the child’s or youth’s best interest, as follows:
   
   

1. In any case in which a family becomes homeless between academic years or during an academic year; or,
   
   

2. For the remainder of the academic year, if the child or youth becomes permanently housed during an academic year. (42 USC § 11432(g)((3)(A))
   
   

3. Requires the State and LEAs to adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian, to and from the school of origin in accordance with the following:
   
   

1. If the homeless child or youth continues to live in the area served by the LEA in which the school of origin is located, the child’s or youth’s transportation to and from the school of origin must be provided or arranged by the LEA in which the school of origin is located.
   
   

2. If the homeless child’s or youth’s living arrangements in the area serviced by the LEA of origin terminate and the child or youth, though continuing his or her education in the school of origin, begins living in an areas served by another LEA, the LEA of origin and the LEA in which the homeless child or youth is living must agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the LEAs are unable to agree upon such method, the responsibility and costs for transportation are to be shared equally. (42 USC § 11432(g)(1)(J)(iii))
   
   

4. Defines “school of origin” as the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled. (42 USC § 11432(g)(3)(G))

Existing state law:

1. Requires local education agencies to allow a foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court after changing residential placement. (Education Code § 48853.5(e)(1))
   
   

2. Requires, if the jurisdiction of the court is terminated prior to the end of an academic year, the foster youth must be allowed to continue in the school of origin through the duration of the school year. If the foster youth is transitioning between grade levels, including transitions to middle or high school and even if the school designated for matriculation is in another school district, the school district must allow the foster youth to matriculate with his or her peers. (EC § 48853.5(e)(2), (3), & (4))
   
   

3. Requires, a foster child to have the right to remain in the school of origin pending the resolution of any dispute regarding the request of a foster child to remain in that school. (EC § 48853.5(e)(9))
   
   

4. Defines “school of origin” as the school the foster child attended when he or she was permanently housed or the last school in which the foster child was enrolled. If the school the foster child attended when permanently housed is different from the school of last attendance, or if there is another school that the foster child attended with which the child is connected and the child attended within the immediately preceding 15 months, the educational liaison, the foster child and the person holding educational rights shall determine the school that shall be deemed the school of origin. (EC § 48853.5(f))

This bill:

1. Requires the LEA serving the homeless child to allow the homeless child to continue his or her education in the school of origin, at the point of any change or any subsequent change in residence once a child becomes homeless, through the duration of homelessness.
   
   

2. Requires, if the homeless child’s status changes (is no longer homeless) before the end of the academic year, either of the following to apply:
   
   

   1. The LEA to allow the formerly homeless child to continue his or her education in the school of origin through graduation, if the child is in high school.
      
      

   2. The LEA to allow the formerly homeless child to continue his or her education in the school of origin through the duration of the academic school year, if the child is in kindergarten or grades 1-8.
      
      

3. Requires the following to apply, to ensure that the homeless child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts:
   
   

   1. The LEA must allow the homeless child to continue in the school district of origin in the same attendance area if the homeless child is transitioning between school grade levels.
      
      

   2. The LEA must allow the homeless child to continue to the school designated for matriculation if the homeless child is transitioning to a middle or high school and the school designated for matriculation is in another school district.
      
      

   3. The new school must immediately enroll the homeless child even if the child has outstanding fees, fines, textbooks, or other items or money due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records (including records or other proof of immunization history), proof of residency, other documentation, or school uniforms.
      
      

4. Requires the Act to govern the procedures for transportation and dispute resolution with respect to homeless children and school of origin.
   
   

5. Provides that a school district is not required to provide transportation to a former homeless child who has an individualized education program (IEP) that does not require transportation as a related service and who changes residence but remains in his or her school of origin, unless the IEP team determines that transportation is a necessary related service, or the Act requires transportation to be provided.
   
   

6. Provides that a school district is not required to provide transportation services to allow a homeless child to attend a school or school district, unless otherwise required under the Act or other federal law. This bill authorizes a school district, at its discretion, to provide transportation services to allow a homeless child to attend a school or school district.
   
   

7. Defines:
   
   

   1. “Homeless child” as is defined by the Act (see Existing federal law).
      
      

   2. “School of origin” as the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled. If the school the homeless child attended when permanently housed is different from the school of last attendance, or if there is some other school that the homeless child attended with which the homeless child is connected and that the child attended within the immediately preceding 15 months, the educational liaison, with the agreement of the homeless child and person holding educational rights, is to determine the school that is to be deemed the school of origin.
      
      

8. States legislative intent that this bill not supersede or exceed other laws governing special education services for eligible homeless children.
   
   

Comments

Need for the bill. According to the author, “Under McKinney-Vento, homeless youth already have the right to remain in their school of origin for the duration of homelessness when a transfer occurs but that right does not extend to a feeder school so that the student can matriculate with his or her peers, or to the end of high school if the student finds a permanent placement prior to completing his or her studies. These students have very little in the way of structured support, and for many of them their only safety net and stable connection is their school.”

Federal law is limited. This bill exceeds the provisions of the Act by including feeder schools and allowing homeless students to remain in the school of origin (or matriculate to the feeder school) even if the student is no longer homeless. This bill also exceeds the Act in the definition of school of origin; the definition in this bill mirrors the current definition in state law relative to foster youth.

Parity with foster youth. This bill is consistent with existing law relative to the ability for foster youth to remain in the school of origin. Existing law extends to both foster youth and homeless youth an exemption from local high school graduation requirements, the awarding of partial credit for completed coursework, and notification to the local educational agency liaisons regarding expulsion proceedings.

How many homeless youth? According to the California Homeless Youth Project, there were approximately 270,000 homeless students in California during the 2012-13 school year. During the 2014-15 fiscal year, 84 school districts and county offices of education received funds under the Act in amounts ranging from almost $24,000 to over $216,000. The purpose of these funds is to facilitate the enrollment, attendance, and success in school, including addressing problems due to transportation needs, immunization and residency requirements, and lack of birth certificates and school records.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee analysis:

1. This bill is unlikely to result in significant costs to the state. This bill does not require schools to provide transportation based solely on a student’s homeless status and defaults to federal law.
   
   

2. This bill may result in a reimbursable state mandate; however, costs are anticipated to be minor, if any, as the state provides funding on a per-pupil basis.

SUPPORT: (Verified 5/5/15)

California Alliance of Child and Family Services

California Coalition for Youth

California School Employees Association

California Teachers Association

California Youth Empowerment Network

National Association for the Education of Homeless Children and Youth

Public Counsel

OPPOSITION: (Verified 5/5/15)

None received

ARGUMENTS IN SUPPORT: According to the California Coalition for Youth, homeless youth already have the right to remain in their school of origin for the duration of homelessness when a transfer occurs, but that right does not extend to a feeder school so that the students can matriculate with his or her peers, or to the end of high school if the student finds a permanent placement prior to completing his or her studies. Even though homeless youth suffer similarly from home moves that are beyond their control, California law does not provide the same protections related to school of origin as have been extended to foster youth.

Prepared by: Lynn Lorber / ED. / (916) 651-4105

5/6/15 16:16:21

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 445 (Liu) - Pupil instruction and services: homeless children

This bill does not meet the criteria for referral to the Suspense File.

Bill Summary:

This bill requires that if there is a change in residence once a child becomes homeless, the local educational agency (LEA) must allow the child to continue their education in the school of origin, as defined, during the duration of homelessness. This bill also sets forth requirements for LEAs to allow children to continue their education in the school of origin if they are no longer homeless and to allow homeless children to matriculate with their peers according to school district feeder patterns, as specified.

Fiscal Impact:

• This bill is unlikely to result in significant costs to the state. This bill does not require schools to provide transportation based solely on a student’s homeless status and defaults to federal law.
  
  

• This bill may result in a reimbursable state mandate; however, costs are anticipated to be minor, if any, as the state provides funding on a per-pupil basis.

Background:

This bill extends the right to remain in the school of origin to homeless, which is currently provided to students who are in foster care. For example, current law requires LEAs to allow a foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court after changing residential placement. In addition, if the jurisdiction of the court ends prior to the end of an academic year, the foster youth must be allowed to continue in the school of origin through the duration of the school year. Similar matriculation and transportation provisions are provided for foster youth in current law as for homeless children in this bill.

The federal 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. It also requires LEAs to continue the child’s education in the school of origin for the duration of homelessness, according to the child’s best interest, as specified. In addition, it requires the state and LEAs to adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian, to and from the school of origin, as specified.

Proposed Law:

This bill sets forth provisions governing where LEAs must allow a homeless child to continue their education.

Specifically, this bill requires if there is a change in residence once a child becomes homeless, the LEA serving the child must allow the child to continue their education in the school of origin, as defined, for the duration of the child being homeless. If a child’s homelessness status changes and is no longer homeless, and the change occurs before the end of the academic year, this bill requires the LEA to allow the child to continue their education in the school of origin, as specified.

To preserve the ability to matriculate with the homeless child’s peers, this bill requires that if a child is transitioning between grade levels, the LEA shall allow the homeless child to continue in the school district of origin in the same attendance area. If the homeless child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the LEA must allow the homeless child to continue to the school designated for matriculation in that school district. The new school must immediately enroll the homeless child.

Finally, this bill does not require school to provide transportation based solely on a student’s homeless status.

Related Legislation:

1. SB 252 (Leno, 2015) prohibits a fee from being charged to homeless youth for the high school proficiency exam and the high school equivalency tests. SB 252 is pending in this committee.

SB 177 (Liu, Ch. 491, 2013) among other things, required school districts, charter schools, and county offices of education to immediately enroll a homeless youth.

Staff Comments:

To the extent to which the provisions in this bill go beyond what is required by the federal McKinney-Vento Homeless Assistance Act, the state could be vulnerable to a reimbursable state mandate. However, because state funding is provided to school districts based on student attendance, it is unlikely to impose significant costs to the state.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: SB 445

Subject: Pupil instruction and services: homeless children

SUMMARY

This bill extends the right to remain in the school of origin to homeless students, which is currently provided to students who are in foster care.

BACKGROUND

The federal McKinney-Vento Homeless Assistance Act:

1. 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))
   
   

2. Requires local educational agencies (LEAs) to continue the child’s or youth’s education in the school of origin for the duration of homelessness, according to the child’s or youth’s best interest, as follows:
   
   

1. In any case in which a family becomes homeless between academic years or during an academic year; or,
   
   

2. For the remainder of the academic year, if the child or youth becomes permanently housed during an academic year.

(42 USC § 11432(g)((3)(A))

3. Requires the State and LEAs to adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian, to and from the school of origin in accordance with the following:
   
   

1. If the homeless child or youth continues to live in the area served by the LEA in which the school of origin is located, the child’s or youth’s transportation to and from the school of origin must be provided or arranged by the LEA in which the school of origin is located.
   
   

2. If the homeless child’s or youth’s living arrangements in the area serviced by the local educational agencies (LEA) of origin terminate and the child or youth, though continuing his or her education in the school of origin, begins living in an areas served by another LEA, the LEA of origin and the LEA in which the homeless child or youth is living must agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the LEAs are unable to agree upon such method, the responsibility and costs for transportation are to be shared equally. (42 USC § 11432(g)(1)(J)(iii))
   
   

4. Requires each LEA to designate a liaison for homeless youth.

(42 USC § 11432(g)(1)(J)(ii))

5. Defines “school of origin” as the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled. (42 USC § 11432(g)(3)(G))

Current state law requires:

1. Local education agencies to allow a foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court after changing residential placement. (Education Code § 48853.5(e)(1))
   
   

2. If the jurisdiction of the court is terminated prior to the end of an academic year, the foster youth must be allowed to continue in the school of origin through the duration of the school year. If the foster youth is transitioning between grade levels, including transitions to middle or high school and even if the school designated for matriculation is in another school district, the school district must allow the foster youth to matriculate with his or her peers. (EC § 48853.5(e)(2), (3), & (4))
   
   

3. A foster child to have the right to remain in the school of origin pending the resolution of any dispute regarding the request of a foster child to remain in that school. (EC § 48853.5(e)(9))
   
   

4. Requires each person between the ages of 6 and 18 to attend the public school, for the full schoolday, of the school district in which the residency of either the parent or legal guardian is located. (EC § 48200)

Current law further:

1. Provides that school districts are not required to provide transportation to allow a foster child to attend a school, nor are school districts prohibited from, at its discretion, providing transportation to allow a foster child to attend a school.

(EC § 48853.5(e)(5))

2. Authorizes the local education agency liaison for foster children, with the agreement of the foster child and the person holding education rights, to recommend that the child's right to attend his or her school of origin be waived and the foster child be enrolled in any public school having an attendance area in which the foster child resides. Under this scenario, and prior to making any recommendation to move a foster child from his or her school of origin, the liaison must provide the foster child and person holding education rights with a written explanation stating the basis for the recommendation and how this recommendation serves the foster child’s best interest.

(EC § 48853.5(e)(6) & (7))

3. Defines "school of origin" as the school the foster child attended when he or she was permanently housed or the last school in which the foster child was enrolled. If the school the foster child attended when permanently housed is different from the school of last attendance, or if there is another school that the foster child attended with which the child is connected and the child attended within the immediately preceding 15 months, the educational liaison, the foster child and the person holding educational rights shall determine the school that shall be deemed the school of origin. (EC § 48853.5(f))

ANALYSIS

This bill extends the right to remain in the school of origin to homeless students, which is currently provided to students who are in foster care. Specifically, this bill:

1. Requires the local educational agency (LEA) serving the homeless child to allow the homeless child to continue his or her education in the school of origin, at the point of any change or any subsequent change in residence once a child becomes homeless, through the duration of homelessness.
   
   

2. Requires, if the homeless child’s status changes (is no longer homeless) before the end of the academic year, either of the following to apply:
   
   

   1. The LEA to allow the formerly homeless child to continue his or her education in the school of origin through graduation, if the child is in high school.
      
      

   2. The LEA to allow the formerly homeless child to continue his or her education in the school of origin through the duration of the academic school year, if the child is in kindergarten or grades 1-8.
      
      

3. Requires the following to apply, to ensure that the homeless child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts:
   
   

   1. The LEA must allow the homeless child to continue in the school district of origin in the same attendance area if the homeless child is transitioning between school grade levels.
      
      

   2. The LEA must allow the homeless child to continue to the school designated for matriculation if the homeless child is transitioning to a

middle or high school and the school designated for matriculation is in another school district.

3. The new school must immediately enroll the homeless child even if the child has outstanding fees, fines, textbooks, or other items or money due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records (including records or other proof of immunization history), proof of residency, other documentation, or school uniforms.
   
   

1. Requires the federal McKinney-Vento Homelessness Assistance Act to govern the procedures for transportation and dispute resolution with respect to homeless children and school of origin.
   
   

2. Provides that this bill does not require a school district to provide transportation to a former homeless child who has an individualized education program (IEP) that does not require transportation as a related service and who changes residence but remains in his or her school of origin, unless the IEP team determines that transportation is a necessary related service, or the federal McKinney-Vento Act requires transportation to be provided.
   
   

3. Provides that this bill does not require a school district to provide transportation services to allow a homeless child to attend a school or school district, unless otherwise required under the federal McKinney-Vento Act or other federal law. This bill authorizes a school district, at its discretion, to provide transportation services to allow a homeless child to attend a school or school district.
   
   

4. Defines:
   
   

   1. “Homeless child” as is defined by the federal McKinney-Vento Act (see Background).
      
      

   2. “School of origin” as the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled. If the school the homeless child attended when permanently housed is different from the school of last attendance, or if there is some other school that the homeless child attended with which the homeless child is connected and that the child attended within the immediately preceding 15 months, the educational liaison, with the agreement of the homeless child and person holding educational rights, is to determine the school that is to be deemed the school of origin.
      
      

5. States legislative intent that this bill not supersede or exceed other laws governing special education services for eligible homeless children.
   
   

STAFF COMMENTS

1. Need for the bill. According to the author, “Under McKinney-Vento, homeless youth already have the right to remain in their school of origin for the duration of homelessness when a transfer occurs but that right does not extend to a feeder school so that the student can matriculate with his or her peers, or to the end of high school if the student finds a permanent placement prior to completing his or her studies. These students have very little in the way of structured support, and for many of them their only safety net and stable connection is their school.”

2. Federal law is limited. The federal McKinney-Vento Homeless Assistance Act provides homeless students with the right to remain in the school of origin for the duration of homelessness, but does not extend the school of origin provisions to affect schools in the feeder pattern (e.g. homeless students may continue to attend their middle school but not the high school into which those middle school students typically matriculate). This bill exceeds the provisions of the McKinney-Vento Act by including feeder schools and allowing homeless students to remain in the school of origin (or matriculate to the feeder school) even if the student is no longer homeless. Bill also exceeds the McKinney-Vento Act in the definition of school of origin; the definition in this bill mirrors the current definition in state law relative to foster youth.
   
   

3. Parity with foster youth. This bill is consistent with existing law relative to the ability for foster youth to remain in the school of origin. Current law extends to both foster youth and homeless youth an exemption from local high school graduation requirements, the awarding of partial credit for completed coursework, and notification to the local educational agency liaisons regarding expulsion proceedings.
   
   

4. How many homeless youth? According to the California Homeless Youth Project, there were approximately 270,000 homeless students in California during the 2012-13 school year. During the 2014-15 fiscal year, 84 school districts and county offices of education received funds under the federal McKinney-Vento Homeless Act in amounts ranging from almost $24,000 to over $216,000. The purpose of these funds is to facilitate the enrollment, attendance, and success in school, including addressing problems due to transportation needs, immunization and residency requirements, and lack of birth certificates and school records.

5. Technical amendment needed. On page 2, line 27, after the comma insert “the local educational agency shall allow the homeless child to continue.”
   
   

6. Related and prior legislation.
   
   RELATED LEGISLATION
   
   SB 252 (Leno, 2015) prohibits a fee from being charged to homeless youth (up to age 25) for the high school proficiency exam and the high school equivalency tests. SB 252 is pending in the Senate Appropriations Committee.
   
   SB 636 (Liu, 2015) establishes the Homeless Youth Basic Material Needs Assistance Program. SB 636 is scheduled to be heard in the Senate Human Services Committee on April 14.
   
   AB 1166 (Bloom, 2015) modifies the existing exemption for foster and homeless youth from meeting locally imposed high school graduation requirements to specify that the exemption is to remain in place even if the student is no longer homeless while enrolled in school. AB 1166 is scheduled to be heard in the Assembly Education Committee on April 8.
   
   AB 801 (Bloom, 2015) makes several changes to existing provisions regarding priority enrollment at institutions of higher education, requires “qualifying institutions” to designate a homeless and foster student liaison, and modifies residency requirements for homeless youth. AB 801 is pending in the Assembly Higher Education Committee.
   
   AB 1228 (Gipson, 2015) adds current and former homeless youth to existing provisions regarding priority housing for foster youth at institutions of higher education. AB 1228 is pending in the Assembly Higher Education Committee.
   
   AB 982 (Eggman, 2015) gives priority for federal and state subsidized child development services to homeless children. AB 982 is scheduled to be heard in the Assembly Human Services Committee on April 14.
   
   AB 891 (Campos, 2015) among other things, establishes priority enrollment in after school programs for homeless youth and children in families receiving CalWORKs benefits, and prohibits after school programs from charging a fee to families of homeless youth. AB 891 is scheduled to be heard in the Assembly Education Committee on April 8.
   
   PRIOR LEGISLATION
   
   SB 177 (Liu, Ch. 491, 2013) among other things, required school districts, charter schools and county offices of education to immediately enroll a homeless youth.
   
   AB 1806 (Bloom, Ch. 767, 2014) extended policies and procedures for suspension, expulsion, graduation requirements and completed coursework to students who are homeless that are currently provided to students who are in foster care.
   
   AB 951 (Medina, 2013) would have required school districts that designate a liaison for homeless children and youths as required under the federal McKinney-Vento Homeless Assistance Act, to ensure the liaison is properly trained regarding the rights of these children to receive educational services. AB 951 was held in the Assembly Appropriations Committee.
   
   

SUPPORT

California Alliance of Child and Family Services

California Council of Community Mental Health Agencies

California School Employees Association

Junior Leagues of California

Legal Services for Children

Legal Services for Prisoners with Children

Mental Health America of California

National Association for the Education of Homeless Children and Youth

National Association of Social Workers, California Chapter

National Center for Youth Law

Public Counsel

OPPOSITION

None received.

-- END --