BILL ANALYSIS Ó
AB 1806
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Date of Hearing: March 26, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 1806 (Bloom) - As Introduced: February 18, 2014
SUBJECT : Pupil Services: Homeless children and youth
SUMMARY : Requires each Local Educational Agency (LEA) to
notify the LEA's liaison for homeless children and youth of a
manifestation determination meeting, a suspension hearing, or an
expulsion hearing of a homeless youth, exempts homeless pupils
from completing graduation requirements in excess of the state
graduation requirements if the homeless pupil transfers after
his or her 2nd year of high school, and requires, if a homeless
pupil transfers schools, the LEA to award partial or full
credit, as specified, for courses completed at a pupil's
previous school. Specifically, this bill :
Suspensions and Expulsions
1)Requires an LEA, when recommending expulsion or suspension of
a pupil who has exceptional needs, as defined, and is
designated as a homeless child or youth, as defined, to invite
a the LEA's liaison for homeless children and youth to
participate in the pupil's individualized education program
(IEP) team meeting in which a manifestation determination
pursuant to the federal Individuals with Disabilities
Education Act (IDEA) is made. A manifestation determination
is a decision as to whether the pupil's behavior that gave
rise to the violation of the school code of conduct is
determined be a manifestation of the child's disability.
2)Permits an LEA, when recommending expulsion or suspension of a
pupil who has exceptional needs, as defined, and is designated
as a homeless child or youth, as defined, to provide notice of
an expulsion hearing to the LEA's liaison for homeless
children and youth at least 10 calendar days before the
hearing for expulsions where the decision to recommend
expulsion is a discretionary act taken by the LEA.
3)Permits an LEA, when recommending expulsion or suspension of a
pupil who has exceptional needs, as defined, and is designated
as a homeless child or youth, as defined, to provide notice of
an expulsion hearing to the LEA's liaison for homeless
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children and youth at least 10 calendar days before the
hearing for expulsions where the decision to recommend
expulsion is required under state law.
Exemption from a School's Graduation Requirements
4)Provides that a homeless pupil who transfers to a new school
after completing his or her second year of high school shall
be exempt from the graduation requirements of the new school
that exceed state requirements unless the school district
makes a finding that the pupil is reasonably able to complete
the school's graduation requirements in time to graduate from
high school by the end of his or her fourth year of high
school.
5)Requires that either the number of credits the homeless pupil
has earned up to the date of transfer or the length of the
pupil's school enrollment shall be used to determine
eligibility for the exemption and stipulates that whichever
criterion qualifies the pupil for the exemption shall be used.
6)Requires LEAs to notify the pupil, the adult holding the right
to make educational decisions for the pupil, and the LEA's
liaison for homeless children and youth, of the availability
of the exemption and whether the pupil qualifies for the
exemption within 30 days of the transfer.
7)Prohibits an LEA from requiring a homeless pupil to graduate
before the end of his or her fourth year in cases where he or
she qualified for the exemption and completed the state
graduation requirements early.
8)Requires that, when a homeless pupil qualifies for an
exemption from local graduation requirements, the school
district notify the pupil, the adult holding the right to make
educational decisions for the pupil, and the LEA's liaison for
homeless children and youth, whether and how any of the
requirements that are waived will affect the pupil's ability
to gain admission to a postsecondary education institution and
to provide information about transfer opportunities available
through the California Community Colleges.
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9)Clarifies that homeless pupils who qualify for an exemption
and are otherwise entitled to remain in attendance at the
school are not required to accept the exemption and cannot be
denied enrollment in courses for which they are otherwise
eligible.
10)Provides that if a homeless pupil is not exempted from local
graduation requirements, he or she shall be granted an
exemption at any time if he or she requests it and qualifies
for it.
11)Prohibits an LEA from revoking an exemption once it has been
granted to a homeless pupil.
12)Prohibits an LEA from requiring or requesting a homeless
pupil to transfer schools in order to qualify the pupil for an
exemption.
13)Prohibits a homeless pupil, the person holding the right to
make educational decisions for the pupil, and the LEA's
liaison for homeless children and youth, from requesting the
transfer of the pupil solely for the purpose of qualifying the
pupil for an exemption.
Credit for Coursework Completed
14)Defines, for specified sections of this bill, "pupil who is a
homeless child or youth" as a pupil who meets the definition
of "homeless child or youth" in Section 1124a(2) of Title 42
of the United States Code.
15)Requires an LEA to accept coursework satisfactorily completed
by a homeless pupil while attending another public school, a
juvenile court school, or a nonpublic, nonsectarian school or
agency (NPS/A), even if he or she did not complete the entire
course and to issue him or her full or partial credit for the
coursework completed.
16)Prohibits an LEA from requiring a homeless pupil to retake a
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course if he or she has satisfactorily completed the entire
course in a public school, a juvenile court school, or a
NPS/A.
17)Prohibits, if a homeless pupil does not complete an entire
course, an LEA from requiring the pupil to retake the portions
of the course completed, unless the LEA, in consultation with
the holder of educational rights for the pupil, finds that he
or she is reasonably able to complete the requirements in time
to graduate from high school.
18)Specifies that when partial credit is awarded in a particular
course, a homeless pupil shall be enrolled in the same or
equivalent course, if applicable, so that he or she may
continue and complete the entire course.
19)Specifies a homeless pupil shall not be prevented from
retaking or taking a course to meet the eligibility
requirements for admission to the California State University
and the University of California (known as the "a-g
requirements").
20)Requires the state to reimburse LEAs for the costs of this
act, if so determined by the Commission on State Mandates.
EXISTING LAW :
Homeless Children and Youth
1)Defines "homeless children and youth" as individuals who lack
a fixed, regular, and adequate nighttime residence. This
definition also includes:
a) Children and youth who are sharing the housing of other
persons due to loss of housing, economic hardship, or a
similar reason;
b) Children who may be living in motels, hotels, trailer
parks, shelters, or awaiting foster care placement;
c) Children and youth who have a primary nighttime
residence that is a public or private place not designed
for, or ordinarily used as, a regular sleeping
accommodation for human beings;
d) Children and youth who are living in cars, parks, public
spaces, abandoned buildings, substandard housing, bus or
train stations, or similar settings, or;
e) Migratory children who qualify as homeless because they
are children who are living in similar circumstances to
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those listed above.
1)Specifies the purpose of the federal McKinney-Vento Homeless
Education Assistance Improvements Act of 2001 (McKinney-Vento
Homeless Act) as ensuring that homeless children and youth
have access to the education and other services that they need
so that they may have the same opportunities to meet the same
challenging state pupil academic achievement standards to
which all pupils are held.
2)Requires, as a condition of receiving grant monies under the
McKinney-Vento Homeless Act, each LEA to identify a liaison.
This liaison has the duty to ensure that homeless children and
youth are identified by school personnel and, through
coordinated activities with other entities and agencies, that
homeless children and youth enroll in, and have a full and
equal opportunity to succeed in, schools of that LEA.
Suspensions and Expulsions
3)Specifies the offenses for which a pupil may be suspended or
expelled.
4)Provides that a pupil is entitled to a hearing to determine
whether the pupil should be expelled. Requires the expulsion
hearing to be held within 30 schooldays after the date the
principal or superintendent of schools determines that the
pupil has committed acts that could warrant expulsion.
5)Requires written notice of an expulsion hearing to be
forwarded to the pupil and the pupil's parent or guardian or
legal counsel at least 10 calendar days prior to the date of
the expulsion hearing including the following information:
a) Date and place of the hearing;
b) Statement of the specific facts and charges upon which
the proposed expulsion is based; and,
c) A copy of the disciplinary rules of the district that
related to the alleged violation, among other things.
7)Permits a pupil with exceptional needs, as defined, to be
suspended or expelled with specified conditions such as the
continuation of transportation and a free and appropriate
public education (FAPE).
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8)Requires the LEA, when a pupil has exceptional needs, as
defined, and is designated a foster child or youth, as
defined, to invite a foster child's attorney and the
appropriate representative of the county child welfare agency
to participate in a foster child's IEP team meeting that makes
a manifestation determination pursuant to the federal IDEA.
9)Permits an LEA, when a pupil has exceptional needs, as
defined, and is designated a foster child or youth, as
defined, to provide notice of an expulsion hearing to the
foster child's attorney and appropriate representative of the
county child welfare agency at least 10 calendar days before
the hearing for an expulsion where the decision to recommend
expulsion is a discretionary act taken by the LEA.
10)Permits an LEA, when a pupil has exceptional needs, as
defined, and is designated a foster child or youth, as
defined, to provide notice of an expulsion hearing to the
foster child's attorney and appropriate representative of the
county child welfare agency at least 10 calendar days before
the hearing for an expulsion where the decision to recommend
expulsion is required under state law.
Exemption from a School's Graduation Requirements
11)Requires pupils in grades 9 through 12, inclusive to take 3
courses in English, 2 courses in mathematics, 2 courses in
science, 3 courses in social studies, 1 course in visual or
performing arts, foreign language, or career technical
education, and 2 courses in physical education. It also
authorizes LEAs to add other requirements for graduation at
their discretion.
12)Provides that a foster youth who transfers to a new school
after completing his or her second year of high school shall
be exempt from the graduation requirements of the new school
that exceed state requirements unless the LEA makes a finding
that the pupil is reasonably able to complete the school's
graduation requirements in time to graduate from high school
by the end of his or her fourth year of high school.
13)Requires that either the number of credits a pupil who is
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designated as a foster youth has earned to the date of
transfer or the length of the pupil's school enrollment shall
be used to determine eligibility for the exemption and
stipulates that whichever criterion qualifies the pupil for
the exemption shall be used.
14)Requires LEAs to notify a pupil who is designated as a foster
youth and the adult holding the right to make educational
decision's for the pupil of the availability of the exemption
and whether the pupil qualifies for the exemption within 30
days of the transfer.
15)Prohibits an LEA from requiring that a pupil who is
designated as a foster youth graduate before the end of his or
her fourth year in cases where the pupil qualified for the
exemption and completed the state graduation requirements
early.
16)Requires that, when a pupil who is designated as a foster
youth qualifies for an exemption from local graduation
requirements, the LEA notify the pupil and the adult holding
the right to make educational decisions for the pupil whether
and how any of the requirements that are waived will affect
the pupil's ability to gain admission to a postsecondary
education institution and to provide information about
transfer opportunities available through the California
Community Colleges.
17)Clarifies that a pupil who is designated as a foster youth
and qualifies for an exemption and are otherwise entitled to
remain in attendance at the school are not required to accept
the exemption and cannot be denied enrollment in courses for
which they are otherwise eligible.
18)Provides that if a pupil who is designated as a foster youth
is not exempted from local graduation requirements, the pupil
shall be granted an exemption any time if he or she requests
it and qualifies for it.
19)Prohibits an LEA from revoking an exemption once it has been
granted to a pupil in foster care.
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20)Prohibits an LEA from requiring or requesting a pupil in
foster care to transfer schools in order to qualify the pupil
for an exemption.
21)Prohibits a pupil in foster care, the person holding the
right to make educational decisions for the pupil, and the
pupil's social worker, or the pupil's probation officer, from
requesting the transfer of the pupil solely for the purpose of
qualifying the pupil for an exemption.
Credit for Coursework Completed
22)Requires an LEA to accept coursework satisfactorily completed
by a pupil in foster care while attending another public
school, a juvenile court school, or a NPS/A even if the pupil
did not complete the entire course and to issue that pupil
full or partial credit for the coursework completed.
23)Prohibits an LEA from requiring a pupil in foster care to
retake a course if the pupil has satisfactorily completed the
entire course in a public school, a juvenile court school, or
a NPS/A.
24)Prohibits, if a pupil does not complete an entire course, an
LEA from requiring a pupil to retake the portions of the
course completed, unless the LEA, in consultation with the
holder of educational rights for the pupil, finds that the
pupil is reasonably able to complete the requirements in time
to graduate from high school.
25)Specifies that when partial credit is awarded in a particular
course, a pupil in foster care shall be enrolled in the same
or equivalent coursework, if applicable, so that the pupil may
continue and complete the entire course.
26)Specifies a pupil in foster care shall not be prevented from
retaking or taking a course to meet the "a-g requirements".
FISCAL EFFECT : State mandated local program
COMMENTS : California reported 248,904 homeless children and
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youth enrolled in school in the 2011-12 school year. During the
2012-13 fiscal year, 82 LEAs received grant money under the
McKinney-Vento Homeless Act in amounts ranging from $220 to
$24,308. Yet, in an independent survey conducted by the
California Research Bureau, three quarters of California's
homeless youth were not in school. In this same survey, most of
the 54 youth surveyed were between 17 and 24, yet only six had
graduated from high school or attained a GED. At the same time,
a majority of California youth surveyed expressed the desire to
return to school and had life goals (such as becoming a teacher,
social worker, or working in the medical field) that require
extensive education to achieve. This bill is intended to remove
some of the barriers that may be keeping these homeless children
and youth from achieving their goals.
Suspension and Expulsion of Homeless Pupils with Exceptional
Needs
Homeless children and youth fall into two categories, those
living in homeless families and those that are unaccompanied
youth. Homeless youth may not receive the same level of adult
support that their non-homeless youth peers receive in
disciplinary situations, especially those pupils who are
unaccompanied youth.
There are many types of disciplinary meetings that take place in
California's schools ranging from parent-teacher-pupil
conferences to expulsion hearings. This bill deals with
expulsion hearings and IEP meetings making a manifestation
determination. These meetings occur when severe disciplinary
action is pending against a pupil and generally represent the
most serious disciplinary hearings a pupil can have.
An LEA is required to hold an expulsion hearing for a pupil
prior to making a final expulsion decision. Districts can hold
these hearings in various ways. Some governing boards conduct
the hearings on their own, while others may appoint an impartial
administrative panel of three or more certificated persons or
contract with the county hearing officer or with the Office of
Administrative Hearings. These hearings are closed to the public
unless the pupil follows specific procedures to request
otherwise. Regardless of the exact form, however, the hearing,
administrative panel or hearing officer must determine whether
to recommend expulsion of the pupil within 3 schooldays after
the hearing. If expulsion is recommended, the governing board's
final decision must be based upon substantiated evidence of the
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charges made against the pupil at the expulsion hearing or
hearings.
IEP team meetings making a manifestation determination are
distinct from the aforementioned meeting because these meetings
are only held for pupils with exceptional needs. Further, the
purpose of these meetings is to determine whether the behavior
leading to the pending disciplinary action was a manifestation
of the individual's exceptional needs. These meetings are
required to be held for pupils with exceptional needs in
compliance with the federal IDEA and call for the meeting of all
individuals regularly involved in the pupil's IEP team meetings.
This bill requires that the LEA's liaison for homeless children
and youth be notified of and invited to attend IEP team meetings
when a manifestation determination will be made for a homeless
pupil with exceptional needs, as defined. This bill permits
notice be given and an invitation be made to the LEA's liaison
for homeless children and youth at least 10 days before an
expulsion hearing is conducted whether the expulsion decision is
at the discretion of the administrator or the expulsion decision
is mandated by state law. Existing law requires a pupil's parent
to be notified when a child faces significant disciplinary
action. This proposed language mirrors additional notification
to a foster pupil's county social worker and educational rights
holder of an expulsion hearing. For homeless youth, it is often
difficult for the school to contact the appropriate adult if
discipline problems arise. Notifying the educational rights
holder and the LEA's liaison for homeless children and youth and
inviting them to participate in a homeless child's manifestation
determination and expulsion hearing provides more opportunities
for these individuals to become involved in the process and
potentially advocate on behalf of the homeless pupil.
Exemptions from Local Graduation Requirements
A lack of economic and housing security is extraordinarily
detrimental to a pupil's success in school and homeless youth
are much less likely to complete high school, compared with
those without homeless experiences. <1> According to the
author, California school districts have documented the
diminished graduation rates of homeless pupils. For example,
---------------------------
<1> Homeless Children and Youth: Causes and Consequences. Yumiko
Aratani. September 2009.
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Alameda Unified School District reported a 40% graduation rate
for homeless pupils and Stockton Unified School District
reported a 52% graduation rate. Current law allows LEAs to
impose coursework requirements that are in addition to those
prescribed by the state as a condition of graduation from high
school. For example, in addition to state graduation
requirements, the Sacramento City Unified School District
requires completion of a service learning project or senior
project and demonstration of proficiency in technology literacy
either by passing a challenge examination or passing a course
approved by the district for Technology Literacy credit; the San
Diego Unified School District requires pupils to demonstrate
computer proficiency through completion of a course of study
that incorporates proficiency in computer applications; and the
Oakland Unified School District requires pupils to complete a
senior project/exhibition during their 12th grade year of high
school.
According to the author, this exemption is intended to offset
the negative effects of high school mobility among homeless
pupils. This exemption is currently applied to pupils who are
in foster care, and this bill would extend this exemption to
pupils who are homeless. Again, according to the author, school
district staffs working with homeless pupils and pupils in
foster care, strongly support extending this exemption to
homeless pupils.
Partial Credit
Homeless children and youth experience academic loses and
deficits due to unstable living conditions that often result in
frequent school changes. Research suggests that pupils who
change schools frequently are affected psychologically,
socially, and academically from changing schools, and that
mobile pupils also face greater risk of declines in academic
achievement. Every time a child is moved to a new school, he or
she loses four to six months of educational attainment.<2>
This bill requires partial credit awarded to homeless pupils be
applied to the same or equivalent course as the coursework
completed in the prior school. This addresses a concern that
has been raised, alleging that some districts do not apply
partial credits to the subject area in which a pupil earned
---------------------------
<2> Homeless in America: A Children's Story- Part One. Homes for
the Homeless and Institute for Children and Poverty. 1999.
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partial course credit, and instead apply the credits to other
subject areas or elective credit. Under the provisions of this
bill, if a homeless pupil earned partial credit in an English
class, for example, the new district is required to accept and
apply the partial credit towards English credit and not elective
credit.
The bill also prohibits an LEA from requiring a homeless pupil
to retake a course if the pupil completed the entire course in
his or her prior school. If the pupil did not complete the
entire course, the bill prohibits a district from requiring the
pupil to retake portions of the course already completed, unless
the LEA, in consultation with the holder of educational rights,
finds that the pupil is reasonably able to complete the
requirements in time to graduate from high school and requires
the pupil to be enrolled in the same or equivalent coursework,
as applicable, to ensure that the pupil completes the entire
course. The purpose is to try to avoid duplication of courses
so as to maximize school time to ensure homeless pupils are able
to meet all the requirements for high school graduation.
This bill additionally includes a provision stating that no
homeless pupil shall be prevented from retaking or taking a
course that meets the "a-g requirements". This provision is
intended to ensure that if a homeless pupil wishes to retake an
entire course to earn a higher grade in order to meet theses a-g
requirements, he or she is not prevented from doing so.
Previous Legislation
AB 216 (Stone), Chapter 324, Statutes of 2103, makes specific
allowances for the awarding and transfer of credit for foster
youth when changing high schools. This measure passed out of
the Assembly Education Committee by a vote of 6-0.
AB 951 (Medina) (2013) requires LEAs to take specified actions
relating to homeless children and youth in accordance with the
McKinney-Vento Homeless Act. This bill died in Assembly
Appropriations Committee. This measure passed out of the
Assembly Education Committee by a vote of 7-0.
AB 1068 (Bloom), Chapter 713, Statutes of 2013, prohibits the
release of directory information for homeless pupils, and
requires schools to permit access to pupil records to the pupil
when he or she is at least 14 years old, homeless, and
unaccompanied. This measure passed out of the Assembly
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Education Committee by a vote of 7-0.
AB 1909 (Ammiano), Chapter 849, Statutes of 2012, requires
notification of a foster child's attorney and social worker (or
appropriate welfare representative), in addition to parental or
guardian notification, in specified situations where the foster
child faces possible suspension or expulsion from school. This
measure passed out of the Assembly Education Committee by a vote
of 10-0.
SB 578 (McLeod), Chapter 472, Statutes of 2011, requires an LEA
to accept coursework satisfactorily completed by a pupil in
foster care while attending another school and to award full or
partial credit for such coursework, as specified. This measure
passed out of the Assembly Education Committee by a vote of
10-0.
AB 167 (Adams), Chapter 224, Statutes of 2009, requires a school
district to exempt a pupil in foster care from all coursework
and other requirements adopted by a school district that are in
addition to the statewide high school graduation requirements,
as specified. This measure passed out of the Assembly Education
Committee by a vote of 10-0.
REGISTERED SUPPORT / OPPOSITION :
Support
California Alliance of Child and Family Services
California Coalition for Youth
Disability Rights California
Home Start, Inc.
John Burton Foundation
Junior Leagues of California
National Association for the Education of Homeless Children and
Youth
National Association of Social Workers - California Chapter
Public Counsel
Sacramento Regional Coalition to End Homelessness
South Bay Community Services
Students First
The Salvation Army
Opposition
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None on file
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087