SB 177, as amended, 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 enrollmentbegin insert, except as providedend insert, 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.
Thebegin delete bill would, if a local educational agency designates a local educational liaison for homeless children and youth pursuant to specified federal law, require the liaisonend deletebegin insert bill would require a local educational agency liaison for homeless children and youths designated pursuant
to federal lawend insert 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:
This act shall be known, and may be cited, as the
2Homeless Youth Education Success Act.
Section 48850 of the Education Code is amended to
4read:
(a) (1) It is the intent of the Legislature to ensure that
6all pupils in foster care and those who are homeless, as defined by
7the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
8Sec. 11301 et seq.), 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
P3 1placement decisions shall be based on the best interests of the child
2and shall consider, among other factors, educational stability and
3the opportunity to be educated in the least restrictive educational
4setting necessary to achieve academic progress.
5(2) A foster child who changes residences pursuant to a court
6order or decision of a child welfare worker or a homeless child or
7youth shall be immediately deemed to meet all residency
8requirements for participation in interscholastic sports or other
9extracurricular activities.
10(3) (A) begin deletePublic end deletebegin insertPursuant
to the federal McKinney-Vento
11Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) public end insert
12schools, including charter schools, and county offices of education
13shall immediately enroll a homeless child or youth seeking
14enrollmentbegin insert except where the enrollment would be in conflict with
15subdivision (d) of Section 47605end insert.
16(B) The department and the Department of Social Services shall
17convene a workgroup tobegin delete adoptend deletebegin insert developend insert policies and practices to
18support homeless children and youths and to ensure that child
19abuse and neglect reporting requirements do not create barriers to
20the school enrollment
and attendance of homeless children or
21youth, including, but not limited to, ensuring that a pupil who is
22a homeless child or youth is not reported to law enforcement by
23school personnel if the sole reason for the report is the pupil’s
24homelessness.
25(b) Every county office of education shall make available to
26agencies that place children in licensed children’s institutions
27information on educational options for children residing in licensed
28children’s institutions within the jurisdiction of the county office
29of education for use by the placing agencies in assisting parents
30and foster children to choose educational placements.
31(c) For purposes of individuals with exceptional needs residing
32in licensed children’s institutions, making a copy of the annual
33service plan, prepared
pursuant to subdivision (b) of Section 56205,
34available to those special education local plan areas that have
35revised their local plans pursuant to Section 56836.03 shall meet
36the requirements of subdivision (b).
37(d) For purposes of this section, “homeless child or youth” and
38“homeless children and youths” are defined in Sectionbegin delete 111434a(2)end delete
39begin insert 11434a(2) end insert of Title 42 of the United States Code.
Section 48852.5 is added to the Education Code, to
2read:
(a) begin deleteIf a local educational agency designates a local
4educational agency liaison for homeless children and youths
5pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United
6States Code, that local educational agency liaison shall ensure that end delete
7begin insertPursuant to the federal McKinney-Vento Homeless Assistance Act
8(42 U.S.C. Sec. 11301 et seq.), a local educational agency liaison
9for homeless children and youths designated pursuant to Section
1011432(g)(1)(J)(ii) of Title 42 of the United States Code, shall
11ensure that end insert public notice of the educational rights of homeless
12children
and youths is disseminated in schools within the liaison’s
13local educational agency that provide services pursuant to the
14federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
15Sec. 11301 et seq.).
16(b) For purposes of this section, “homeless children and youths”
17is defined in Section 11434a(2) of Title 42 of the United States
18Code.
If the Commission on State Mandates determines that
20this act contains costs mandated by the state, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.
O
98