BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1166 (Bloom) - Pupils in foster care: pupils who are homeless  
          children or youth: school transfer: exemption from local  
          graduation requirements.
          
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          |Version: February 27, 2015      |Policy Vote: ED. 8 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date:                   |Consultant: Jillian Kissee      |
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          This bill does not meet the criteria for referral to the  
          Suspense File.


          Bill  
          Summary:  This bill provides that foster youth and homeless  
          youth that transfer between schools are eligible for exemption  
          from local graduation requirements above what is required at the  
          state level, even if the students were not notified in a timely  
          manner of the availability of those exemptions.  This bill also  
          provides that a homeless youth's exemption continues to apply  
          even if the student is no longer homeless.


          Fiscal  
          Impact:  
           Potential, likely minor, reimbursable mandate costs to the  
            extent the Commission on State Mandates determines this bill  
            constitutes a higher level of service.









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          Background:  The federal McKinney-Vento 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; or 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))
          The McKinney-Vento Act further requires each local educational  
          agency to designate a staff person as a liaison for homeless  
          children and youth, and carry out specific duties, such as  
          ensuring immediate enrollment, access to educational  
          opportunities offered to other students, and providing notice of  
          the rights of homeless youth.  (42 USC § 11432(g)(1)(J)(ii)) 


          Current state law requires school districts to exempt foster  
          care students or homeless students who transfer between schools  
          any time after the student's second year of high school from  
          locally-imposed graduation requirements beyond those required by  
          the state, unless the school district finds that the student is  
          reasonably able to complete local requirements in time to  
          graduate high school in four years.  (Education Code, §  
          51225.1(a))


          Existing law requires a school district to notify a foster care  
          student or a homeless student, and other specified individuals,  
          within 30 days after the student transfers into a school of the  
          availability of the exemption and whether the student qualifies  
          for an exemption. (Education Code, § 51225.1(d))


          If a foster care student is exempted from local graduation  
          requirements, existing law requires the exemption to continue to  
          apply after the termination of the court's jurisdiction over the  
          student while he or she is enrolled in school or if the student  
          transfers to another school or school district.  (Education  
          Code, § 51225.1(j))




          Proposed Law:  








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            This bill requires that if a school district fails to provide  
          notice to a foster care or homeless student within 30 days of  
          the student's transfer, the student is eligible for exemption  
          from local graduation requirements once the student is notified,  
          even if the notification occurs after the termination of the  
          court's jurisdiction over the foster care student or after the  
          homeless student is no longer homeless.  
          This bill also requires, consistent with foster care students,  
          that if a student who is homeless is exempted from local  
          graduation requirements, the exemption continues to apply after  
          the student is no longer homeless while he or she is enrolled in  
          school or if the student transfers to another school or school  
          district.




          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 pending  
          in the Assembly Education Committee.
          AB 1806 (Bloom) Chapter 767, 2014, extends the same policies and  
          procedures for suspension, expulsion, graduation requirements,  
          and completed coursework to students who are homeless that are  
          provided to students who are in foster care.  With regard to  
          graduation requirements, it requires school districts to exempt  
          homeless students who transfer between schools any time after  
          completion of the students' second year of high school from  
          local graduation requirements, and to take action as specified. 




          Staff  
          Comments:  This bill provides clarification regarding foster  
          youth and homeless youth education rights in situations in which  
          a school district fails to provide timely notice of the  
          availability of exemptions from local graduation requirements  
          upon transferring to another school or when a student's foster  
          care or homeless status changes.  
          According to the author's office, this bill 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  








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          foster peers with regard to graduation and other requirements.   
          The author's office indicates that AB 1806 did not address  
          whether these rights would apply to students who find housing or  
          students who were not recognized as homeless when they were.


          To the extent schools are not currently operating in accordance  
          with the bill's provisions due to the lack of clarity in the  
          law, potential mandated costs could be incurred, such as  
          updating procedures.  However, since this bill provides minor  
          clarifications to a larger system already required by current  
          law, these incremental changes are unlikely to trigger  
          significant state costs.




          Recommended  
          Amendments:  Clarify that if a school district fails to provide  
          timely notice to a foster care student or homeless student, only  
          those students that qualify are exempted from local graduation  
          requirements.  This bill could be interpreted to mean if a  
          school district fails to provide timely notice, both qualified  
          and unqualified foster care or homeless students are required to  
          be exempted from local graduation requirements.


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