Amended in Senate May 24, 2013

Amended in Senate April 11, 2013

Senate BillNo. 177


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 thebegin delete State Department of Education and the Department of Social Services to convene a workgroup to accomplish specified objectivesend deletebegin insert State Interagency Team for Children and Youth to develop certain policies and practicesend insert relating to homeless children andbegin delete youth,end deletebegin insert youths,end insert as definedbegin insert, and to present the policies and practices to the State Department of Social Services to be considered for adoptionend insert.

The 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:

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 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
P3    1Interscholastic Federation. In all instances, educational and school
2placement decisions shall be based on the best interests of the child
3and shall consider, among other factors, educational stability and
4the opportunity to be educated in the least restrictive educational
5setting necessary to achieve academic progress.

6(2) A foster child who changes residences pursuant to a court
7order or decision of a child welfare worker or a homeless child or
8youth shall be immediately deemed to meet all residency
9requirements for participation in interscholastic sports or other
10extracurricular activities.

11(3) (A) Pursuant to the federal McKinney-Vento Homeless
12 Assistance Act (42 U.S.C. Sec. 11301 etbegin delete seq.)end deletebegin insert seq.),end insert public schools,
13including charter schools, and county offices of education shall
14immediately enroll a homeless child or youth seeking enrollment
15except where the enrollment would be in conflict with subdivision
16(d) of Section 47605.

17(B) Thebegin delete department and the Department of Social Services shall
18convene a workgroup toend delete
begin insert State Interagency Team for Children and
19Youth shallend insert
develop policies and practices to support homeless
20children and youths and to ensure that child abuse and neglect
21reporting requirements do not create barriers to the school
22enrollment and attendance of homeless children or begin deleteyouth,end deletebegin insert youths,end insert
23 including, but not limited to, ensuring that a pupil who is a
24homeless child or youth is not reported to law enforcement by
25school personnel if the sole reason for the report is the pupil’s
26homelessness.begin insert The State Interagency Team for Children and Youth
27shall present the policies and practices to the State Department
28of Social Services to be considered for adoption.end insert

29(b) Every county office of education shall make available to
30agencies that place children in licensed children’s institutions
31information on educational options for children residing in licensed
32children’s institutions within the jurisdiction of the county office
33of education for use by the placing agencies in assisting parents
34and foster children to choose educational placements.

35(c) For purposes of individuals with exceptional needs residing
36in licensed children’s institutions, making a copy of the annual
37service plan, prepared pursuant to subdivision (b) of Section 56205,
38available to those special education local plan areas that have
39revised their local plans pursuant to Section 56836.03 shall meet
40the requirements of subdivision (b).

P4    1(d) For purposes of this section, “homeless child or youth” and
2“homeless children and youths” are defined in Section 11434a(2)
3of Title 42 of the United States Code.

4

SEC. 3.  

Section 48852.5 is added to the Education Code, to
5read:

6

48852.5.  

(a) Pursuant to the federal McKinney-Vento
7Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), a local
8educational agency liaison for homeless children and youths
9designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
10the United States Code, shall ensure that public notice of the
11educational rights of homeless children and youths is disseminated
12in schools within the liaison’s local educational agency that provide
13services pursuant to the federal McKinney-Vento Homeless
14Assistance Act (42 U.S.C. Sec. 11301 et seq.).

15(b) For purposes of this section, “homeless children and youths”
16is defined in Section 11434a(2) of Title 42 of the United States
17Code.

18

SEC. 4.  

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.



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