BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: SB 177
S
AUTHOR: Liu
B
VERSION: April 11, 2013
HEARING DATE: April 23, 2013
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FISCAL: Yes
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CONSULTANT: Tepring Piquado
SUBJECT
Homeless Youth Education Success Act
SUMMARY
This bill requires the Department of Social Services (DSS)
to convene a workgroup to 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, as
defined. Requires homeless youth to be deemed to meet
residency requirements for participating in
extra-curricular activities including sports. Restates
federal law regarding immediate enrollment of homeless
children and posting of the educational rights of homeless
youth.
ABSTRACT
Existing federal law:
1) Establishes the McKinney-Vento Homeless Assistance
Act (McKinney-Vento Act) dealing with the education of
children and youth experiencing homelessness in U.S.
public schools. (42 USC 11301 et seq.)
2) Defines homelessness to include children and youths
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who are sharing the housing of other persons due to
loss of housing, economic hardship, or a similar
reason; are living in motels, hotels, trailer parks,
or camping grounds due to the lack of alternative
adequate accommodations; are living in emergency or
transitional shelters; are abandoned in hospitals; or
are awaiting foster care placement. (42 USC 11434a
(2)(B)(i))
3) Requires the school to immediately enroll a
homeless child or youth, even if the child or youth is
unable to produce records normally required for
enrollment, such as previous academic records, medical
records, proof of residency, or other documentation.
(42 USC 11432)
4) Requires in any state that has a compulsory
residency requirement as a component of the state's
compulsory school attendance laws or other laws,
regulations, practices, or policies that may act as a
barrier to the enrollment, attendance, or success in
school of homeless children and youths, to review and
undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless
children and youths are afforded the same free,
appropriate public education as provided to other
children and youths. (42 USC 11431)
5) Requires each local educational agency to designate
a staff person as a liaison for homeless children and
youth, and carry out specific duties, such as
providing notice of the rights of homeless youth. (42
USC 11432(g)(1)(J)(ii))
Existing state law:
1) Requires a school district to accept reasonable
evidence from the parent or legal guardian of a pupil,
including a declaration of residency, that the pupil
meets the residency requirements for school attendance
in the school district. (EDC 48204.1(a)(7))
2) Prohibits residency provisions from being construed
as limiting access to pupil enrollment in a school
district as otherwise provided by law, including
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immediate enrollment and attendance guaranteed to a
homeless child or youth without any proof of residency
or other documentation. (EDC 48204.1(d))
3) Consistent with the McKinney-Vento Act, prohibits
schools from requiring proof of residency of a parent
of an unaccompanied youth, and requires schools to
accept a declaration of residency executed by the
unaccompanied youth in lieu of a declaration of
residency executed by his or her parent or legal
guardian. (EDC 48204.1(e))
4) Requires educators, county placing agencies, care
providers, advocates, and the juvenile courts to work
together to maintain stable school placement and to
ensure that each pupil who is in foster care, or who
is homeless, 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 interscholastic sports administered
by the California Interscholastic Federation. (EDC
48850(a)(1))
5) Requires that 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. (EDC 48850(a)(2))
6) Establishes the Child Abuse and Neglect Reporting
Act defining "neglect" and "mandated reporter" (i.e. a
teacher), among other things. (PEN 11165.2, 11165.7)
7) "General neglect" means the negligent failure of a
person responsible for the care or custody of a child
to provide adequate food, clothing, shelter, medical
care, or supervision where no physical injury to the
child has occurred. (PEN 11165.2(b))
This bill:
1) Extends to homeless children or youths the
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provision that they shall be immediately deemed to
meet all residency requirements for participation in
interscholastic sports or other extracurricular
activities.
2) Requires DSS to convene a workgroup to 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.
3) Restates the federal requirement that public
schools, including charter schools, and county offices
of education to immediately enroll a homeless child or
youth seeking enrollment except where the enrollment
would be in conflict with subdivision (d) of Section
47605 regarding charter schools, pursuant to the
federal McKinney-Vento Homeless Assistance Act. (42
USC 11301 et seq.)
4) Restates the definition of "homeless child or
youth" and "homeless children and youths" as
individuals who lack a fixed, regular, and adequate
nighttime residence, as defined in Section 11434a(2)
of Title 42 of the United States Code.
5) Restates the requirement that a local educational
agency liaison for homeless children and youths 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 USC 11301
et seq.)
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
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BACKGROUND AND DISCUSSION
Purpose
According to the author, SB 177 requires the department to
convene a workgroup to develop policies and practices to
support unaccompanied homeless youth and to ensure that
child abuse and neglect reporting requirements do not
create barriers to the school enrollment and attendance of
such youth. Typical school policies such as waiting lists
and required parental signatures pose barriers to the
enrollment of homeless youth. Since homeless youth often
live apart from their parents and legal guardians, they
generally attempt to enroll in school independently or with
the assistance of a friend, relative, or mentor.
Homeless Youth Project
This bill originates from a report released in January 2013
by the California Research Bureau (CRB), at the request of
the author, which focused on ending youth homelessness.
The California Homeless Youth Project is a research and
policy initiative of the CRB that highlights the issues and
challenges faced by unaccompanied young people who are
homeless or lack stable housing. According to the 2013
report, homeless youth often experience undue hardship
academically and have difficulty navigating the educational
system. A recommendation to policymakers was to ensure that
homeless youth are able to fully participate in all
school-related activities, including sports and other
extracurricular activities, by creating exceptions to
residency requirements that are consistent with what is
currently offered for foster youth.
Estimates
California reported 169,722 homeless children and youth
enrolled in school in 2005-06. The John Burton Foundation
for Children without Homes and the California Coalition for
Youth extrapolated from 2010 national data that
approximately 200,000 youth ages 12 to17 are likely to be
homeless over the course of a year in California.
McKinney-Vento Homeless Assistance Act
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The federal McKinney-Vento Homeless Assistance Act
(referred to as the McKinney-Vento Act) was passed in 1987.
The McKinney-Vento Act is designed to address the problems
that homeless children and youth have faced in enrolling,
attending, and succeeding in school. Under this program,
State Educational Agencies (SEAs) must ensure that each
homeless child and youth has equal access to the same free,
appropriate public education, including a public preschool
education, as other children and youth. Under the law,
homeless children and youth should have access to the
educational and other services that they need to enable
them to meet the same challenging state student academic
achievement standards to which all students are held. In
addition, homeless students may not be separated from the
mainstream school environment. States and districts are
required to review and undertake steps to revise laws,
regulations, practices, or policies that may act as a
barrier to the enrollment, attendance, or success in school
of homeless children and youth.
The Act establishes educational rights for homeless
students and provides funding to all states. In addition,
school districts are mandated to display the public notice
of the educational rights of homeless children and youth to
help homeless youth learn about their rights and options.
In California, students lacking adequate shelter may be
subject to mandatory reporting to law enforcement or child
welfare services, however, not all homeless youth are in
situations that meet the definition of neglect or general
neglect. While SB 177 requires DSS to convene a workgroup
that will develop policies and practices to ensure that
child abuse and neglect reporting requirements do not
create barriers to school enrollment and attendance, the
bill does not amend laws pertaining to mandatory reporting.
Extra-curricular activities
According to the U.S. Department of Education and other
research, there is a positive correlation between
extracurricular activities and youth outcomes, such as
social skills, peer, relationships, increased attendance,
and academic success. This bill is intended to ensure that
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youth who are homeless do not lose their eligibility for
extra-curricular activities, which foster youth already
have secured in state law.
California law addresses the concern that all students
should have access to extracurricular and enrichment
activities that are available, including interscholastic
sports administered by the California Interscholastic
Federation, but specifically ensures this access for foster
care youth. This bill would specify homeless youth as well.
Related legislation
AB 951 (Medina) 2013 would require the local educational
agency to train its school administrators and certified and
classified staff at least once a year regarding the
educational rights of homeless children and youth, as
specified. This bill has been referred to the Assembly
Education Committee.
POSITIONS
Support: Disability Rights California
Oppose: None on file
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