BILL ANALYSIS Ó AB 1166 Page 1 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. AB 1166 Page 2 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 AB 1166 Page 3 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 AB 1166 Page 4 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 AB 1166 Page 5 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: AB 1166 Page 6 Support National Association of Social Workers, California Chapter Opposition None on file Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087