BILL ANALYSIS Ó AB 891 Page 1 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 AB 891 Page 2 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. AB 891 Page 3 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. AB 891 Page 4 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, AB 891 Page 5 shall be made from the General Fund to counties in order to implement this act. AB 891 Page 6 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; AB 891 Page 7 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, AB 891 Page 8 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)) AB 891 Page 9 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 AB 891 Page 10 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 AB 891 Page 11 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 AB 891 Page 12 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 AB 891 Page 13 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 AB 891 Page 14 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. AB 891 Page 15 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 AB 891 Page 16 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 AB 891 Page 17 Opposition None on file. Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089