Senate BillNo. 177


Introduced by Senator Liu

(Coauthor: Assembly Member Ammiano)

February 6, 2013


An act to amend Section 48850 of, and to add Section 48852.5 to, the Education Code, relating to homeless children and youths.

LEGISLATIVE COUNSEL’S DIGEST

SB 177, as introduced, Liu. Homeless Youth Education Success Act.

Existing law states the intent of the Legislature to ensure that all pupils in foster care and those who are homeless, as defined, have a meaningful opportunity to meet state pupil academic achievement standards, and requires educators, juvenile courts, and certain other persons to work together to, among other things, ensure that each pupil has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. Existing law requires a foster child who changes residences pursuant to a court order or decision of a child welfare worker to be immediately deemed to meet all residency requirements for participation in interscholastic sports or other extracurricular activities.

This bill would require a homeless child or youth, as defined, to also be immediately deemed to meet those residency requirements. The bill would require public schools and county offices of education to immediately enroll a homeless child or youth seeking enrollment, thereby imposing a state-mandated local program. The bill would require the State Department of Education and the Department of Social Services to convene a workgroup to accomplish specified objectives relating to homeless children and youth, as defined.

The bill would, if a local educational agency designates a local educational liaison for homeless children and youth pursuant to specified federal law, require the liaison to ensure that public notice of the educational rights of homeless children and youths, as defined, is disseminated in schools within the liaison’s local educational agency that provide services pursuant to specified federal law.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Homeless Youth Education Success Act.

3

SEC. 2.  

Section 48850 of the Education Code is amended to
4read:

5

48850.  

(a) (1) It is the intent of the Legislature to ensure that
6all pupils in foster care and those who are homelessbegin insert,end insert as defined by
7the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
8Sec. 11301 et seq.)begin insert,end insert have a meaningful opportunity to meet the
9challenging state pupil academic achievement standards to which
10all pupils are held. In fulfilling their responsibilities to these pupils,
11educators, county placing agencies, care providers, advocates, and
12the juvenile courts shall work together to maintain stable school
13placements and to ensure that each pupil is placed in the least
14restrictive educational programs, and has access to the academic
15resources, services, and extracurricular and enrichment activities
16that are available to all pupils, including, but not necessarily limited
17to, interscholastic sports administered by the California
18Interscholastic Federation. In all instances, educational and school
19placement decisionsbegin delete mustend deletebegin insert shallend insert be based on the best interests of
20the child and shall consider, among other factors, educational
21stability and the opportunity to be educated in the least restrictive
22educational setting necessary to achieve academic progress.

23(2) A foster child who changes residences pursuant to a court
24order or decision of a child welfare workerbegin insert or a homeless child or end insert
P3    1begin insertyouthend insert shall be immediately deemed to meet all residency
2requirements for participation in interscholastic sports or other
3extracurricular activities.

begin insert

4(3) (A) Public schools, including charter schools, and county
5offices of education shall immediately enroll a homeless child or
6youth seeking enrollment.

end insert
begin insert

7(B) The department and the Department of Social Services shall
8convene a workgroup to adopt policies and practices to support
9homeless children and youths and to ensure that child abuse and
10neglect reporting requirements do not create barriers to the school
11enrollment and attendance of homeless children or youth,
12including, but not limited to, ensuring that a pupil who is a
13homeless child or youth is not reported to law enforcement by
14school personnel if the sole reason for the report is the pupil’s
15homelessness.

end insert

16(b) Every county office of education shall make available to
17agencies that place children in licensed children’s institutions
18information on educational options for children residing in licensed
19children’s institutions within the jurisdiction of the county office
20of education for use by the placing agencies in assisting parents
21and foster children to choose educational placements.

22(c) For purposes of individuals with exceptional needs residing
23in licensed children’s institutions, making a copy of the annual
24service plan, prepared pursuant to subdivision (b) of Section 56205,
25available to those special education local plan areas that have
26revised their local plans pursuant to Section 56836.03 shall meet
27the requirements of subdivision (b).

begin insert

28(d) For purposes of this section, “homeless child or youth” and
29“homeless children and youths” are defined in Section 111434a(2)
30of Title 42 of the United States Code.

end insert
31

SEC. 3.  

Section 48852.5 is added to the Education Code, to
32read:

33

48852.5.  

(a) If a local educational agency designates a local
34educational agency liaison for homeless children and youths
35pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United
36States Code, that local educational agency liaison shall ensure that
37public notice of the educational rights of homeless children and
38youths is disseminated in schools within the liaison’s local
39educational agency that provide services pursuant to the federal
P4    1McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
2et seq.).

3(b) For purposes of this section, “homeless children and youths”
4is defined in Section 11434a(2) of Title 42 of the United States
5Code.

6

SEC. 4.  

If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.



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