BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 1166             
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          |Author:    |Bloom                                                |
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          |Version:   |February 27, 2015                      Hearing Date: |
          |           |  June 10, 2015                                      |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Pupils in foster care:  pupils who are homeless  
                 children or youth:  school transfer:  exemption from  
                 local graduation requirements

            SUMMARY
          
          This bill provides that foster youth and homeless youth are  
          eligible for the exemption from locally-imposed high school  
          graduation requirements even if not notified of this right, and  
          provides that homeless youth who are exempted continue to be  
          exempted even if the student is no longer homeless.

            BACKGROUND
          
          Existing federal law, the McKinney-Vento Homeless Assistance  
          Act, defines homeless individuals as people who lack a fixed,  
          regular, and adequate nighttime residence, and includes children  
          and youths who, among other situations, are sharing the housing  
          of other persons due to loss of housing, economic hardship, or a  
          similar reason; are living in motels, hotels, trailer parks, or  
          camping grounds due to the lack of alternative adequate  
          accommodations.  (United States Code, Title 42, § 11302(a))

          Existing state law:

       1)Requires school districts to exempt a student in foster care or a  
            student who is homeless, who transfers between schools any  
            time after the completion of the student's second year of high  
            school, from all locally-imposed graduation requirements.   
            (Education Code § 51225.1(a))







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       2)Excludes students from this exemption if the school district  
            makes a finding that the student is reasonably able to  
            complete the local graduation requirements in time to graduate  
            by the end of the student's fourth year of high school.  (EC §  
            51225.1(a))

       3)Requires school districts to notify, within 30 calendar days of  
            the date the foster youth transfers into a school, the  
            student, the person holding educational rights, and the  
            student's social worker of the availability of the exemption  
            and whether the student qualifies.  (EC § 51225.1(d))

       4)Requires school districts to notify, within 30 calendar days of  
            the date the homeless youth transfers into a school, the  
            student, the person holding educational rights, and the local  
            educational agency (LEA) liaison for homeless youth of the  
            availability of the exemption and whether the student  
            qualifies.  (EC § 51225.1(d))


       5)Requires schools to continue to apply the exemption for a foster  
            youth after the termination of the court's jurisdiction while  
            the student is enrolled in that school or if the student  
            transfers to another school or school district.  (EC §  
            51225.1(j))

            ANALYSIS
          
          This bill provides that foster youth and homeless youth are  
          eligible for the exemption from locally-imposed high school  
          graduation requirements even if not notified of this right, and  
          provides that homeless youth who are exempted continue to be  
          exempted even if the student is no longer homeless.   
          Specifically, this bill:

       1)Provides that foster and homeless youth are eligible for the  
            exemption from locally-imposed high school graduation  
            requirements once the student is notified, if the school  
            district fails to provide timely notice (as required by  
            existing law), even if that notification occurs after the  
            termination of the court's jurisdiction over the foster youth  
            or the youth is no longer homeless.









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       2)Requires the exemption to continue for homeless youth after the  
            student is no longer homeless while the student is enrolled in  
            that school or if the student transfers to another school or  
            school district.

          STAFF COMMENTS
          
       1)Need for the bill.  According to the author, "AB 1166 is a  
            clean-up measure for last year's AB 1806, which gave students  
            identified as homeless education-related rights similar to  
            those of their foster youth peers.  AB 1806 exempted homeless  
            students in their last two years of high school from  
            district-specific 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  
            schools.  AB 1806 did not address if these arrangements would  
            apply to students who find housing or students who weren't  
            recognized as homeless when they were.  AB 1166 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."

       2)Parity.  This bill closes a loophole relative to the lack of  
            notification to foster and homeless youth of eligibility for  
            the exemption, and gives parity to homeless youth for the  
            right to continue to be exempt even if the student is no  
            longer homeless (existing law provides that foster youth are  
            to continue to be exempt even if no longer in foster care).   
            The federal McKinney-Vento Homeless Assistance Act requires  
            schools to continue the homeless youth's education in the  
            school of origin for the duration of homelessness, or for the  
            remainder of the academic year if the child or youth becomes  
            permanently housed during an academic year.

       3)Fiscal impact.  According to the Assembly Appropriations  
            Committee, this bill would impose unknown, likely minor,  
            Proposition 98 state reimbursable mandated costs to local  
            educational agencies.  



       4)Related legislation.  SB 445 (Liu) extends the right to remain in  
            the school of origin to homeless students, which is currently  
            provided to students who are in foster care.  SB 445 is  








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            scheduled to be heard by the Assembly Education Committee on  
            June 17.

            SUPPORT
          
          Association of California School Administrators
          California State PTA
          National Association of Social Workers

            OPPOSITION
           
           None received.

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