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 State Department of Social Services to identify representativesbegin insert from their respective agencies andend insert from other state agencies that have experience in homeless youth issues to develop policies and practices relating to homeless children and youths, as defined. The bill would require the selected representatives to present the policies and practices to thebegin delete State Department of Educationend deletebegin insert Superintendent of Public Instructionend insert and the State
Department of Social Services to be considered forbegin delete adoption.end deletebegin insert implementation or dissemination, as appropriate.end 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:
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
P3 1the juvenile courts shall work together to maintain stable school
2placements and to ensure that each pupil is placed in the least
3restrictive educational programs, and has access to the academic
4resources, services, and extracurricular and enrichment activities
5that are
available to all pupils, including, but not necessarily limited
6to, interscholastic sports administered by the California
7Interscholastic Federation. In all instances, educational and school
8placement decisions shall be based on the best interests of the child
9and shall consider, among other factors, educational stability and
10the opportunity to be educated in the least restrictive educational
11setting necessary to achieve academic progress.
12(2) A foster child who changes residences pursuant to a court
13order or decision of a child welfare worker or a homeless child or
14youth shall be immediately deemed to meet all residency
15requirements for participation in interscholastic sports or other
16extracurricular activities.
17(3) (A) Pursuant to the federal McKinney-Vento Homeless
18
Assistance Act (42 U.S.C. Sec. 11301 et seq.), public schools,
19including charter schools, and county offices of education shall
20immediately enroll a homeless child or youth seeking enrollment
21except where the enrollment would be in conflict with subdivision
22(d) of Section 47605.
23(B) The department and the State Department of Social Services
24shall identify representatives frombegin insert the department, the State
25Department of Social Services, andend insert other state agencies that have
26experience in homeless youth issues to develop policies and
27practices to support homeless children and youths and to ensure
28that child abuse and neglect reporting requirements do not create
29barriers to the school enrollment and attendance of homeless
30children or
youths, including, but not limited to, ensuring that a
31pupil who is a homeless child or youth is not reported to law
32enforcement by school personnel if the sole reason for the report
33is the pupil’s homelessness. The selected representatives shall
34present the policies and practices to thebegin delete departmentend deletebegin insert Superintendentend insert
35 and the State Department of Social Services to be considered for
36begin delete adoption.end deletebegin insert implementation or dissemination, as appropriate.end insert
37(b) Every county office of education shall make available to
38agencies
that place children in licensed children’s institutions
39information on educational options for children residing in licensed
40children’s institutions within the jurisdiction of the county office
P4 1of education for use by the placing agencies in assisting parents
2and foster children to choose educational placements.
3(c) For purposes of individuals with exceptional needs residing
4in licensed children’s institutions, making a copy of the annual
5service plan, prepared pursuant to subdivision (b) of Section 56205,
6available to those special education local plan areas that have
7revised their local plans pursuant to Section 56836.03 shall meet
8the requirements of subdivision (b).
9(d) For purposes of this section, “homeless child or youth” and
10“homeless children and youths” are defined in Section
11434a(2)
11of Title 42 of the United States Code.
Section 48852.5 is added to the Education Code, to
13read:
(a) Pursuant to the federal McKinney-Vento
15Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), a local
16educational agency liaison for homeless children and youths
17designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
18the United States Code, shall ensure that public notice of the
19educational rights of homeless children and youths is disseminated
20in schools within the liaison’s local educational agency that provide
21services pursuant to the federal McKinney-Vento Homeless
22Assistance Act (42 U.S.C. Sec. 11301 et seq.).
23(b) For purposes of this section, “homeless children and youths”
24is defined in Section 11434a(2) of Title 42 of the United States
25Code.
If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
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