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. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 27, 2015 |Policy Vote: ED. 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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. AB 1166 (Bloom) Page 1 of ? 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: AB 1166 (Bloom) Page 2 of ? 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 AB 1166 (Bloom) Page 3 of ? 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. -- END --