BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 177|
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UNFINISHED BUSINESS
Bill No: SB 177
Author: Liu (D), et al.
Amended: 8/5/13
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 4/3/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Jackson, Monning
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/23/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 39-0, 05/28/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Homeless Youth Education Success Act
SOURCE : National Association for the Education of Homeless
Children and Youth
CONTINUED
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DIGEST : This bill requires the California Department of
Education (CDE) and the Department of Social Services (DSS) 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 specified. This bill also extends to homeless
children or youths existing requirements specific to foster
youth, which require those students be immediately enrolled in
school and deemed to meet all residency requirements for
participation in interscholastic sports or other extracurricular
activities.
Assembly Amendments (1) delete the State Interagency Team on
Children and Youth and insert the CDE and DSS to identify
representatives, as specified; and (2) delete "adoption" and
insert "implementation or dissemination, as appropriate" when
selected representatives present policies to the Superintendent
of Public Instruction and the DSS.
ANALYSIS : The federal McKinney-Vento Homeless Children and
Youths Program requires state educational agencies to ensure
that homeless children and youth have equal access to the same
free public education as is provided to other children and
youth. States are required to review and undertake steps to
revise any laws, regulations, practices, or policies that may
act as barriers to the enrollment, attendance, or success in
school of homeless children and youth.
The McKinney-Vento Homeless Assistance Act (McKinney-Vento Act)
requires each local educational agency (LEA) to designate a
staff person as a liaison for homeless children and youth, and
carry out specific duties, such as ensuring immediate
enrollment, access to educational opportunities offered to other
students, and providing notice of the rights of homeless youth.
Existing state law generally mirrors the federal McKinney-Vento
Act. State law relative to evidence of residency prohibits
those provisions from being construed as limiting access to
pupil enrollment in a school district as otherwise provided by
law, including immediate enrollment and attendance guaranteed to
a homeless child or youth without any proof of residency or
other documentation.
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Existing state law, 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/her parent or
legal guardian.
Existing law 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. Existing law also 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.
This bill requires CDE and DSS 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 specified. This bill
also extends to homeless children or youths existing
requirements specific to foster youth, which require those
students be immediately enrolled in school and deemed to meet
all residency requirements for participation in interscholastic
sports or other extracurricular activities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Workgroup: The requirement that the SITCY develop specified
recommendations, will likely result in minor additional
workload. The group's recommendations will likely create
cost pressure to implement them.
Mandate: Potentially significant reimbursable costs for
LEAs to implement new enrollment and eligibility
requirements.
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SUPPORT : (Verified 9/9/13)
National Association for the Education of Homeless Children and
Youth (source)
All Saints Church Foster Care Project
Association of CA School Administrators
California Alliance of Children and Family Services
California Coalition for Youth
California Federation of Teachers
California State PTA
California Teacher's Association
California Youth Empowerment Network
Children Now
Disability Rights California
Eureka City Schools Homeless Education Project
Hillsides
Housing California
National Association of Social Workers, California Chapter
ARGUMENTS IN SUPPORT : According to the author, "Typical
school policies such as waiting lists and requiring parental
signatures pose barriers to the enrollment of homeless youth.
Since homeless youth by definition 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."
PQ:k 9/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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