BILL NUMBER: SB 177 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 11, 2013
INTRODUCED BY Senator Liu
( Coauthors: Senators
Hancock and Wyland )
(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 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 enrollment
, except as provided , 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 bill
would require a local educational agency liaison for homeless
children and youths designated pursuant to federal law
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:
SECTION 1. This act shall be known, and may be cited, as the
Homeless Youth Education Success Act.
SEC. 2. Section 48850 of the Education Code is amended to read:
48850. (a) (1) It is the intent of the Legislature to ensure that
all pupils in foster care and those who are homeless, as defined by
the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11301 et seq.), have a meaningful opportunity to meet the challenging
state pupil academic achievement standards to which all pupils are
held. In fulfilling their responsibilities to these pupils,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils, including, but not necessarily
limited to, interscholastic sports administered by the California
Interscholastic Federation. In all instances, educational and school
placement decisions shall be based on the best interests of the child
and shall consider, among other factors, educational stability and
the opportunity to be educated in the least restrictive educational
setting necessary to achieve academic progress.
(2) A foster child who changes residences pursuant to a court
order or decision of a child welfare worker or a homeless child or
youth shall be immediately deemed to meet all residency requirements
for participation in interscholastic sports or other extracurricular
activities.
(3) (A) Public Pursuant to the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.) public schools, including charter schools, and county
offices of education shall immediately enroll a homeless child or
youth seeking enrollment except where the enrollment would be in
conflict with subdivision (d) of Section 47605 .
(B) The department and the Department of Social Services shall
convene a workgroup to adopt develop
policies and practices to support homeless children and youths and to
ensure that child abuse and neglect reporting requirements do not
create barriers to the school enrollment and attendance of homeless
children or youth, including, but not limited to, ensuring that a
pupil who is a homeless child or youth is not reported to law
enforcement by school personnel if the sole reason for the report is
the pupil's homelessness.
(b) Every county office of education shall make available to
agencies that place children in licensed children's institutions
information on educational options for children residing in licensed
children's institutions within the jurisdiction of the county office
of education for use by the placing agencies in assisting parents and
foster children to choose educational placements.
(c) For purposes of individuals with exceptional needs residing in
licensed children's institutions, making a copy of the annual
service plan, prepared pursuant to subdivision (b) of Section 56205,
available to those special education local plan areas that have
revised their local plans pursuant to Section 56836.03 shall meet the
requirements of subdivision (b).
(d) For purposes of this section, "homeless child or youth" and
"homeless children and youths" are defined in Section
111434a(2) 11434a(2) of Title 42 of the United
States Code.
SEC. 3. Section 48852.5 is added to the Education Code, to read:
48852.5. (a) If a local educational agency designates a
local educational agency liaison for homeless children and youths
pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United
States Code, that local educational agency liaison shall ensure that
Pursuant to the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.), a local educational
agency liaison for homeless children and youths designated pursuant
to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code,
shall ensure that public notice of the educational rights of
homeless children and youths is disseminated in schools within the
liaison's local educational agency that provide services pursuant to
the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11301 et seq.).
(b) For purposes of this section, "homeless children and youths"
is defined in Section 11434a(2) of Title 42 of the United States
Code.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.