BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1166


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          Date of Hearing:  April 8, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1166  
          (Bloom) - As Introduced February 27, 2015


          SUBJECT:  Pupils in foster care:  pupils who are homeless  
          children or youth:  school transfer:  exemption from local  
          graduation requirements


          SUMMARY:  Allows students in foster care and those who are  
          homeless to be eligible for the exemption from local graduation  
          requirements even if they are not notified of this right within  
          30 days of enrollment, and allows homeless students to be exempt  
          even if they are no longer homeless or if they transfer to  
          another school or district.  Specifically, this bill: 


          1)Requires that students in foster care and those who are  
            homeless who are not notified of the right to be exempt from  
            local graduation requirements within 30 days of transfer into  
            a school (as required by current law) be eligible for the  
            exemption once they are notified, even if their court  
            jurisdiction or homelessness has ended.



          2)Requires that if a student who is homeless is exempted from  
            local graduation requirements, the exemption continue to apply  
            even if the student is no longer homeless or transfers to  
            another school or district.








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          EXISTING LAW:  


          1)Permits school district governing boards to establish local  
            graduation requirements in excess of those of the state.



          2)Requires school districts to exempt students in foster care  
            and those who are homeless who transfer between schools after  
            their second year in high school from local graduation  
            requirements.



          3)Requires school districts to notify specified individuals,  
            including students in foster care and those who are homeless,  
            within 30 days of the date that they transfer into a school,  
            that they are exempt from local graduation requirements, and  
            whether individual students qualify for the exemption.



          4)Requires that the exemption from local graduation requirements  
            continue to apply to students in foster care even if their  
            court jurisdiction is terminated, or if students transfer to  
            another school or district.



          5)Defines, in the federal McKinney-Vento Act, "homeless children  
            and youth" as individuals who lack a fixed, regular, and  
            adequate nighttime residence, including children who are  
            sharing the housing of other people, living in motels, hotels,  
            trailer parks, or camp grounds, emergency or transitional  
            shelters, abandoned in hospitals or awaiting foster care  








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            placement, or who are living in a place not generally used for  
            sleeping, cars, parks, public spaces, abandoned buildings,  
            substandard housing, bus or train stations, and migratory  
            children living in the circumstances above.



          FISCAL EFFECT:  Unknown


          COMMENTS:  


          Need for the bill.  The author's office states, "AB 1806 [Bloom,  
          Chapter 767, Statutes of 2014] required notification of homeless  
          liaisons when homeless youth with special needs are at risk of  
          expulsion, exempted these homeless students in their last two  
          years of high school from district-specific [graduation]  
          requirements, and clarified that homeless youth have the same  
          rights as foster children when it comes to receiving partial  
          credit for work they completed at other school. The bill was  
          meant to help homeless youth graduate, taking into consideration  
          their special circumstances. The bill did not address if these  
          arrangements would apply to students who find housing or  
          students who weren't recognized as homeless when they were. The  
          bill will close these loopholes by clarifying the students who  
          have been homeless but no longer are should still receive the  
          same education-related rights as currently homeless students."


          Homeless youth education outcomes.  According to Columbia  
















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          University's National Center for Children in Poverty,<1>  
          children who experience homelessness are highly at risk for poor  
          educational outcomes.  Among them, homeless children:


                 Are more likely to be retained
                 Are more likely to change school placement (nearly 40%  
               changed school from two to five times in the last 12  
               months)


                 Often have missed significant amounts of school (nearly  
               40% missed more than one week of school in the past three  
               months)


                 Have reading, spelling, and mathematics scores are more  
               often below grade level


                 Are more likely to require a special education  
               evaluation (almost 50 percent), but less than 23 percent of  
               those with any disability have ever received special  
               education evaluation or special education services


                 Are much less likely to complete high school





          ---------------------------
          <1>


           Aratani, Yuriko.  Homeless Children and Youth: Causes and  
          Consequences.  National Center on Children in Poverty, Columbia  
          University, 2009. Retrieved on 3/28/15:   
          http://nccp.org/publications/pub_888.html







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          McKinney-Vento program eligibility when homeless students obtain  
          stable housing.  According to the CDE, when students receiving  
          services through the federal McKinney-Vento homeless education  
          program obtain stable housing they remain eligible for services  
          through the end of the academic year, and then become ineligible  
          for services.


          Related legislation this session.  AB 379 (Gordon), approved by  
          this Committee on March 25th, would make complaints alleging  
          violations of certain educational rights afforded to students  
          who are homeless subject to the Uniform Complaint Procedures.  


          AB 891 (Campos), pending in this Committee, provides homeless  
          and low-income youth with priority for enrollment in before and  
          after school programs and free transportation to and from  
          school, and requires the Department of Social Services to  
          provide youth in families receiving benefits through the  
          California Work Opportunity and Responsibility to Kids program  
          additional assistance for specified purposes.  


          AB 982 (Eggman), pending in the Assembly Human Services  
          Committee, gives homeless children priority for enrollment in  
          subsidized child care and development programs.  


          SB 445 (Liu), pending in the Senate Education Committee, would  
          require a local educational agency to allow a homeless child to  
          continue his or her education in his or her school of origin  
          through the duration of his or her homelessness, and provides a  
          right to immediate enrollment.  


          REGISTERED SUPPORT / OPPOSITION:











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          Support




          National Association of Social Workers, California Chapter




          Opposition




          None on file




          Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087