BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1806
AUTHOR: Bloom
INTRODUCED: February 18, 2014
FISCAL COMM: Yes HEARING DATE: June 4, 2014
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Homeless students.
SUMMARY
This bill extends 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.
BACKGROUND
Homeless Children and Youth
1) The federal McKinney-Vento Act defines "homeless
children and youths" as children and youths 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, § 11431
et seq.)
2) The federal McKinney-Vento Homeless Children and Youths
Program requires state educational agencies to ensure
that homeless children and youth have equal access to
the same free public education as is provided to other
children and youth. States are required to review and
undertake steps to revise any laws, regulations,
practices, or policies that may act as barriers to the
enrollment, attendance, or success in school of homeless
children and youth. (United States Code, Title 42, §
11431 et seq.)
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3) The McKinney-Vento Act requires each local educational
agency to designate a staff person as a liaison for
homeless children and youth, and carry out specific
duties, such as ensuring immediate enrollment, access to
educational opportunities offered to other students, and
providing notice of the rights of homeless youth. (42
USC § 11432(g)(1)(j)(ii))
Expulsion
Current law:
1) Authorizes schools to suspend and recommend expulsion
for various acts, and requires schools to immediately
suspend and recommend expulsion for certain acts.
(Education Code § 48900 and § 48915)
2) Entitles students to a hearing to determine whether the
student should be expelled, to be held within 30
schooldays after the date the principal or
superintendent recommended expulsion. Written notice of
the hearing must be sent to the student at least 10
calendar days prior to the hearing, and include specific
information. (EC § 48918)
3) Requires school districts that use discretion to
recommend expulsion (rather than mandatory
recommendation for expulsion) of a student with
exceptional needs who is also a foster youth to invite
the youth's attorney and a representative of the county
child welfare agency to the individualized education
program (IEP) team meeting that makes a manifestation
determination. (EC § 48915.5)
4) If the decision to recommend expulsion is discretionary
and the student is a foster youth, requires school
districts to provide notice of the expulsion hearing to
the student's attorney and representative of the county
child welfare agency at least 10 calendar days before
the date of the hearing. School districts are
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authorized to provide this notification if a
recommendation for expulsion is required. (EC §
48918.1)
Graduation Requirements
Current law:
1) Requires a student to pass both the English language
arts and mathematics portions of the California High
School Exit Exam and complete the following courses as a
condition of graduating from high school:
a) Three years of English.
b) Two years of mathematics.
c) Two years of science, including biological and
physical sciences.
d) Three years of social studies, including
United States history and geography; world history,
culture, and geography; one semester of American
government and civics, and one semester of
economics.
e) One year of visual or performing arts, foreign
language, or until July 1, 2017, career technical
education.
f) Two years of physical education. (EC § 60851
and § 51225.3)
2) Requires one of the two years of mathematics to meet or
exceed the rigor of the content standards for Algebra I.
(EC § 51224.5)
3) Authorizes school districts to impose additional
coursework requirements as a condition of graduation
from high school. (EC § 51225.3)
4) Requires school districts to exempt a student in foster
care from district graduation requirements that exceed
state requirements if the student transfers schools any
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time after the completion of the student's second year
of high school, unless the district makes a finding that
the student is reasonably able to complete the
additional requirements in time to graduate from high
school by the end of the student's fourth year of high
school. (EC § 51225.1)
Credit for Coursework Completed
Current law requires school districts to accept coursework
satisfactorily completed by a student in foster care while
attending another public school, a juvenile court school, or
a non-public school or agency even if the student did not
complete the entire course. School districts are required to
issue full or partial credit for the coursework completed.
(EC § 51225.2)
ANALYSIS
This bill extends policies and procedures for expulsion,
graduation requirements and completed coursework to students
who are homeless that are currently provided to students who
are in foster care. Specifically, this bill:
Expulsion
1) Requires school districts to provide notice to the
district's liaison for homeless students at least 10
calendar days prior to a hearing when the decision to
expel a homeless student is discretionary.
2) Authorizes school districts to provide notice to the
district's liaison for homeless students at least 10
calendar days prior to a hearing when the decision to
expel a homeless student is mandatory.
3) Requires school districts to invite the district's
liaison for homeless students to the individualized
education program team meeting that makes a
manifestation determination prior to the expulsion of a
student with exceptional needs and who is homeless.
Graduation Requirements
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1) Requires school districts to exempt homeless students
who transfer schools any time after the completion of
the student's second year of high school from all
coursework and other requirements adopted by the school
district that are in addition to the statewide
coursework requirements, unless the district finds that
the student is reasonably able to complete the
additional coursework in time to graduate by the end of
the student's fourth year of high school.
2) Requires school districts to take specified action
relative to the exempting homeless students from
additional graduation requirements that districts
currently undertake with regard to exempting foster
youth from additional graduation requirements, such as:
a) Notification to the student, person holding
the right to make educational decisions, and
district liaison of the availability of the
exemption and whether the student qualifies.
Notification is required within 30 calendar days of
the date that a homeless student may qualify for
the exemption transfer into a school.
b) Inform the student of the option to remain in
school for a fifth year to complete the additional
coursework, permit the student to stay in school
for a fifth year to complete the additional
coursework, not require the student to accept the
exemption, and not require or request the student
to graduate before the end of the fourth year of
high school.
c) Notify the student and the person holding the
right to make educational decisions for the student
how any of the requirements that are waived will
affect the student's ability to gain admission to a
postsecondary educational institution and provide
information about transfer opportunities available
through the California Community Colleges.
d) Exempt an eligible student at any time, not
revoke the exemption, not require or request a
student to transfer school in order to qualify for
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the exemption.
Completed coursework
1) Requires school districts and county offices of
education to accept coursework satisfactorily completed
by a homeless student even if the entire course was not
completed, and requires the issuance of full or partial
credit for the coursework completed.
2) Prohibits school districts and county offices of
education from requiring homeless students to retake a
course if the student has satisfactorily completed the
entire course, and prohibits the student to be required
to retake any portion of the course that the student
satisfactorily completed.
3) Requires a homeless student to be enrolled in the same
or equivalent course when partial credit is awarded, and
prohibits a homeless student from being prevented from
retaking a course to meet eligibility for admission to
postsecondary educational institutions.
STAFF COMMENTS
1) Homeless children and youth . California reported
248,904 homeless children and youth enrolled in school
in the 2011-12 school year. During the 2012-13 fiscal
year, 82 school districts and county offices of
education received funds under the federal
McKinney-Vento Homeless Act in amounts ranging from $220
to $24,308. Yet, in an independent survey conducted by
the California Research Bureau in 2008, three quarters
of California's homeless youth were not in school; most
of the 54 youth surveyed were between 17 and 24 years of
age, yet only six had graduated from high school or
attained a general educational development certificate
(GED). Homeless students face many of the same
challenges faced by foster youth due to unstable housing
and multiple school placements. Should these provisions
be extended to other highly-mobile and disadvantaged
students?
2) Fiscal impact . According to the Assembly Appropriations
Committee's analysis, this bill could impose minor,
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absorbable, General Fund (Prop 98) state reimbursable
mandated costs to school districts and county offices of
education, as these policies and procedures are already
in place for foster youth.
3) Related legislation . AB 1441 (Stone) would have
established requirements related to the transfer of
credits for foster youth who transfer from one school
district to another. AB 1441 was held in the Assembly
Appropriations Committee.
AB 951 (Medina) 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 Coalition for Youth
Disability Rights California
John Burton Foundation
Junior League of Orange County
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
StudentsFirst
Individuals
OPPOSITION
None on file.