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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