BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   April 28, 2015


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                  Kansen Chu, Chair


          AB 891  
          (Campos) - As Amended April 20, 2015


          SUBJECT:  Low-income youth:  educational attainment and success


          SUMMARY:  Provides for and expands a number of services and  
          supports for homeless and low-income students related to before-  
          and after-school programs, school transportation, high school  
          graduation, and subsidized employment.


          Specifically, this bill:  


          1)Makes certain legislative findings and declarations regarding  
            the academic, health, and economic benefits of education and  
            related activities.


          2)Prohibits an After School Education and Safety (ASES) program  
            from charging a family fee to a family with a child who is  
            identified as a homeless youth, as specified, or to a family  
            who is part of a CalWORKs assistance unit where aid is  
            provided only to the child, as specified.


          3)Deletes a provision in current law that gives before-school  
            and after-school priority for enrollment for middle school or  








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            junior high school students to those who attend daily, and  
            establishes priority enrollment for students in a before- or  
            after-school program as follows: 


             a)   First priority shall go to students who are defined as  
               homeless youth, as specified;


             b)   Second priority shall go to students who are members of  
               a CalWORKs assistance unit where aid is provided only to  
               the child, as specified;


             c)   For programs serving middle school or junior high school  
               students, third priority shall go to those who attend  
               daily.


          1)Entitles a student eligible for free or reduced-price meals,  
            as specified, or who attends a school that participates in the  
            Community Eligibility Option, to free transportation to and  
            from school from the local educational agency (LEA), if the  
            student either lives more than one-half mile from school, or  
            the neighborhood through which the student must travel is  
            deemed unsafe, as specified.


          2)Requires an LEA to designate a liaison responsible for  
            implementing a plan to ensure that students entitled to free  
            transportation, as specified, receive that transportation in a  
            timely manner.


          3)Requires the LEA-designated liaison to be trained to identify  
            and accommodate the special rights of homeless youth and  
            students in a CalWORKs assistance unit where aid is provided  
            only to the child, as specified.









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          4)Requires the transportation plan to be developed in  
            consultation with stakeholders, as specified, and to address  
            the ability of students in the LEA's jurisdiction to make  
            regular visits to the public library.


          5)Requires the LEA to ensure free transportation is provided  
            using its existing funds, should free, dependable, and timely  
            transportation not be available to students entitled to it.


          6)Requires the Department of Social Services (DSS), in  
            coordination with the California Department of Education  
            (CDE), to track high school completion rates of children in a  
            CalWORKs assistance unit, using a method identified by the  
            departments, and to report to the Legislature by July 1, 2016,  
            if a change in statute is required to carry out this task.


          7)Requires DSS to make publicly available an aggregate report of  
            high school completion rates of children in CalWORKs  
            assistance units.


          8)Requires that recipients of CalWORKs who are not older than 19  
            and who have obtained a high school diploma or equivalent  
            receive a $200 supplement to be paid directly to the recipient  
            and disregarded as income for purposes of determining CalWORKs  
            and CalFresh eligibility and benefits.  Further provides that  
            Cal-Learn participants who are already eligible for a similar  
            incentive, as specified, are not eligible for this supplement.


          9)Grants a child in a CalWORKs assistance unit a transportation  
            service supplement, as specified, to pay for transportation  
            services in order for a child to participate in an ASES  
            program.









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          10)Requires DSS to coordinate with county human service agencies  
            and the Department of Health Care Services (DHCS) to annually  
            inform assistance units of the need to have a child's vision  
            regularly examined and to offer information on how to schedule  
            an appointment with an optometrist for children receiving  
            Medi-Cal benefits.


          11)Defines "needy youth" to mean individuals between the ages of  
            18 and 24 whose family income, which may include the youth  
            living alone, is less than 200% of the federal poverty level.


          12)Requires DSS, in consultation with specified entities, to  
            design a subsidized employment program to provide paid  
            employment, occupational skills training, and other relevant  
            services for needy youth, as defined, and youth between the  
            ages of 15 and 19 who are eligible for CalWORKs.  


          13)Requires all employers and caseworkers involved in the  
            subsidized employment program to be trained in trauma-informed  
            care and restorative justice practices.


          14)Requires income earned through the subsidized employment  
            program to be disregarded as income in determining eligibility  
            for CalWORKs aid.


          15)Permits DSS, until January 1, 2018, to implement the  
            aforementioned subsidized employment program through  
            all-county letters or similar instructions and thereafter  
            requires DSS to adopt regulations to implement the provisions  
            of this program.


          16)Stipulates that no continuous appropriation, as specified,  








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            shall be made from the General Fund to counties in order to  
            implement this act.













































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          EXISTING LAW:  


          1)Establishes in federal law the McKinney-Vento Homeless  
            Education Assistance Improvements Act of 2001 to ensure  
            educational rights and protections for youth experiencing  
            homelessness.  (42 U.S.C. 11431 et seq.)



          2)Defines in federal law "homeless children and youth" to mean  
            individuals who lack a fixed, regular and adequate nighttime  
            residence, as specified, including children and youth who are:



             a)   Sharing the housing of other persons due to loss of  
               housing, economic hardship, or similar reason;



             b)   Living in motels, hotels, trailer parks, or camping  
               grounds due to the lack of alternative adequate  
               accommodations;



             c)   Living in emergency or transitional shelters;



             d)   Abandoned in hospitals;











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             e)   Awaiting foster care placement;



             f)   Inhabiting a primary nighttime residence that is a  
               public or private place not designed for or ordinarily used  
               as a regular sleeping accommodation, as specified;



             g)   Living in cars, parks, public spaces, abandoned  
               buildings, substandard housing, bus or train stations, or  
               similar settings; and



             h)   Migratory, as defined, and who otherwise qualify as  
               homeless per this definition.  (42 U.S.C. 11434(a)(2))



          3)Establishes in federal law the Temporary Assistance for Needy  
            Families (TANF) program, which provides block grants to states  
            to develop and implement their own state welfare-to-work  
            programs designed to provide cash assistance and other  
            supports and services to low-income families.  (42 USC § 601  
            et seq.)


          4)Establishes the state's TANF program, the California Work  
            Opportunity and Responsibility to Kids (CalWORKs) program,  
            which provides cash assistance and other supports and services  
            to low-income families and is administered by the counties.   
            (WIC 11200 et seq.)


          5)Establishes the Cal-Learn program to provide services and  
            supports for pregnant and parenting teens aimed at assisting  
            them with graduating from high school, becoming independent,  








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            and forming healthy families.  Requires eligible pregnant and  
            parenting teens who are receiving CalWORKs to participate in  
            the program, as specified.  (WIC 11331 et seq.)





          6)Establishes the ASES program per Proposition 49 (2002) to  
            provide for before- and after-school education and enrichment  
            programs for students in kindergarten through ninth grade, as  
            specified.  (EDC 8482 et seq.)
          7)Requires priority for enrollment in before- and after-school  
            middle school and junior high ASES programs to be given to  
            students who attend daily.  (EDC 8483 and 8483.1)





          8)Allows the governing board of any school district to provide  
            for the transportation of students to and from school, in  
            manners as specified, whenever, in the judgment of the board,  
            the transportation is advisable and good reasons exist to do  
            so.  (EDC 39800 et seq.)



          9)Defines "home-to-school" transportation to include, among  
            other things: the transportation of pupils between their homes  
            and the regular full-time day school they attend, as provided  
            by a school district or county superintendent of schools; the  
            payment of moneys by a school district or county  
            superintendent of school to parents or guardians of pupils  
            made in lieu of providing such transportation; and the payment  
            of moneys by a school district or county superintendent of  
            schools for the replacement or acquisition of school buses.   
            (EDC 41850(b))









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          10)Provides for state funding for home-to-school transportation  
            and special education transportation, as specified.  (EDC  
            41850)



          11)Provides in federal law for universal meal services in high  
            poverty areas, as specified, whereby schools that  
            predominantly serve low-income children can offer school  
            lunches to all students in lieu of collecting individual  
            applications for free or reduced price meals.  This is  
            commonly referred to as the "Community Eligibility Provision."  
             (42 U.S.C. 1759a(a)(1))



          FISCAL EFFECT:  Unknown


          COMMENTS:  


          Homeless children and youth:  One commonly used definition of  
          "homeless children and youths" comes from the federal  
          McKinney-Vento Homeless Assistance Act of 2001.  It defines  
          homeless children and youths as individuals who "lack a fixed,  
          regular, and adequate nighttime residence," and it includes  
          children and youths who:  have to share housing with others due  
          to loss of housing or economic hardship; are living in motels,  
          hotels, trailer parks, or camp grounds because they lack other  
          accommodations; are living in emergency or transitional  
          shelters; are awaiting foster placement; or have a primary  
          nighttime residence that is not designed as a regular sleeping  
          accommodation for human beings.


          Over 520,000 children in the state were estimated to be homeless  








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          in 2012-13, prompting the National Center on Family Homelessness  
          at American Institutes for Research to rank California the 48th  
          worst in the nation with regards to the extent of child  
          homelessness (adjusted for state population).  Nationally, it is  
          estimated that approximately 51% of all homeless children in the  
          United States are under the age of 6, 34% are between the ages  
          of 6 and 12, and 15% are between 13 and 17. 


          After School Education and Safety Program (ASES):  In 2002,  
          voters approved Proposition 49, which established the ASES  
          program, expanding and renaming the former Before and After  
          School Learning and Safe Neighborhood Partnerships Program.  The  
          ASES program funds the development of local after-school  
          programs created through partnerships between schools and local  
          community resources for students in kindergarten through the  
          ninth grade.  These after-school programs are designed to  
          provide academic enrichment and literacy activities and a safe,  
          constructive after-school alternative for students.


          According to CDE, "The ASES program involves collaboration among  
          parents, youth, representatives from schools and governmental  
          agencies, such as local law enforcement and local parks and  
          recreation departments, and individuals from community-based  
          organizations and the private sector. ?The ASES program must be  
          aligned with, and not be a repeat of, the content of regular  
          school day and other extended learning opportunities.  A safe  
          physical and emotional environment, as well as opportunities for  
          relationship building, must be provided."


          Transportation for students:  While some states require school  
          districts to transport students who don't live within certain  
          proximity of their school, California does not.  In general, the  
          state allows school districts discretion to determine which  
          students they will transport, and how many bus routes they will  
          operate.  Various federal laws require transportation to be  
          provided to students with disabilities (per the Individuals with  








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          Disabilities Education Act), students attending  
          federally-sanctioned schools (per the No Child Left Behind Act  
          of 2001), and students who are homeless (per the McKinney-Vento  
          Homeless Assistance Act).


          According to a 2013 report on truancy in California released by  
          the state Office of Attorney General:


            "Several parents reported that transportation issues made it  
            difficult for them to get their child to school, and many  
            district officials noted that transportation to and from  
            school was a significant obstacle for some families.


            In some rural districts, students have to travel many miles by  
            bus to attend school.  But some districts - like  
            Yucaipa-Calimesa Joint Unified, which serves San Bernardino  
            and Riverside counties - have been forced to cut bus services  
            due to budgetary issues.


            Transportation to and from school can be especially difficult  
            for families on a tight budget.  One parent identified a  
            problem with gas and parking money.  Several other parents  
            cited a lack of bus money or the fact that they did not have  
            their own car as a challenge to getting their children to  
            school.  In Los Angeles County, for example, the cost of a  
            student bus/metro pass is $24 a month.  For a low-income  
            parent or guardian with several children, this transportation  
            cost can be a formidable obstacle."


          Need for this bill:  Obtaining a college education can have  
          significant impacts on an individual's earnings and economic  
          wellbeing.  U.S. Census Bureau data from 2013 on the poverty  
          status of Californians ages 25 and older indicate that over 25%  
          of individuals with less than a high school degree were living  








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          below the federal poverty level.  Graduating from high school  
          can reduce the chances of poverty:  for those with a high school  
          degree or equivalent, 15% were living below the poverty level.   
          This rate fell to about 10% for individuals who had attended  
          some college or obtained an associate's degree.  Those with a  
          bachelor's degree or higher faced the lowest rate of poverty, at  
          just over 5%.  For homeless youth, support in overcoming  
          barriers to high school graduation and higher education may be  
          particularly impactful on their futures, offering opportunities  
          to achieve economic mobility.  





          The author states that this bill "takes a multifaceted approach  
          to address the disturbing fact that roughly 70% of children born  
          into poverty will remain in poverty.  It does this by:   
          Providing free public transportation to school for low income  
          students, by increasing availability and access to afterschool  
          activities, and increasing support programs for low-income  
          students."





          According to the sponsors of this bill (the Western Center on  
          Law and Poverty, the Children's Defense Fund - California, the  
          Youth Justice Coalition, and 9to5, National Association of  
          Working Women, California):

            "A robust body of research demonstrates that chronic  
            absenteeism is associated with lower academic performance at  
            the elementary, middle and high school levels, and greater  
            likelihood of dropping out.  Research also suggests that going  
            to school regularly is especially critical for children from  
            families living in poverty who are less likely to have the  
            resources to help children make up for lost time in the  








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            classroom.


            ?There is strong evidence that access to afterschool and  
            summer programs increases the likelihood of success in school  
            and high school graduation.  Research shows that students,  
            especially girls, benefit from improved health and academic  
            outcomes when they participate in afterschool programs.   
            Still, low income youth face many challenges in participating  
            in these programs.  These barriers include lack of  
            transportation, long waiting lists and program enrollment  
            fees, but often have more to do with the child's precarious  
            economic situation.  [This bill] would require these programs  
            to better accommodate children with high barriers to  
            participation:  homeless children and children living below 50  
            percent of the federal poverty line?.Not only will very  
            vulnerable youth benefit from being enrolled in these  
            afterschool programs, but so will their parents and the  
            state's bottom line.  Parents are more likely to secure  
            employment and to stay employed when they have a safe place  
            for their child to be while they are at work.  This means that  
            California's investments in low-income families and their  
            parents' employment through the CalWORKs welfare-to-work  
            program are enhanced when children are enrolled in afterschool  
            programs. 

            [This bill] gives us several more tools to improve school  
            attendance and success and the promise of economic mobility  
            for our state's poorest children." 


          


          Staff comments:  This bill seeks to adopt a number of changes in  
          order to remove barriers to school attendance - and, ultimately,  
          high school graduation, college, and employment - for low-income  
          and homeless youth.  It also proposes to have DSS and CDE  
          collect and report data on the high school completion rates of  








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          children in a CalWORKs assistance unit.  In order to obtain data  
          that are the most useful to state decision-makers, it may be  
          useful to broaden the scope of this research to include specific  
          variables such as length of time, and ages at which, students  
          were on aid, and whether or not any adults in a student's  
          assistance unit were ever on aid for any period of time.   
          Additionally, it may also be useful to collect data related to  
          other programs referenced by this bill, such as regular  
          attendance of ASES programs and access to school-provided  
          transportation.  If the author is considering broadening the  
          report's scope, it may also be beneficial to request DSS and CDE  
          to consult stakeholders in the design of any data-collection  
          methods.  


           SECOND COMMITTEE OF REFERENCE  .  This bill was previously heard  
          in the Assembly Committee on Education, on April 8, 2015 and was  
          approved on a 7-0 vote.





























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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Western Center on Law & Poverty, Sponsor 


          9to5, National Association of Working Women - CA - co-sponsor


          Youth Justice Coalition - co-sponsor


          Children's Defense Fund - CA -co-sponsor


          Building Healthy Communities: Long Beach


          California Catholic Conference


          California Pan-Ethnic Health Network 


          California School-Based Health Alliance 


          California State PTA 










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          Coalition of California Welfare Rights Organizations, Inc. 


          Courage Campaign 


          Downtown Associated Youth Services 


          Friends Committee on Legislation of California 


          InnerCity Struggle


          Khmer Girls in Action 


          Labor/Community Strategy Center's (LCSC) Community Rights  
          Campaign 


          Lynwood Unified School District 


          National Association of Social Workers 


          Our Family Coalition 


          PolicyLink 


          River City Food Bank 


          Success in Challenges 









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          Opposition





          None on file.




          Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089