BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1166|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 1166
Author: Bloom (D)
Introduced:6/29/15
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 6/10/15
AYES: Liu, Runner, Block, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE: 6-0, 6/22/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NO VOTE RECORDED: Nielsen
ASSEMBLY FLOOR: 77-0, 4/30/15 - See last page for vote
SUBJECT: Pupils in foster care: pupils who are homeless
children or youth: school transfer: exemption from
local graduation requirements
SOURCE: Author
DIGEST: 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.
ANALYSIS: 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
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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))
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))
This bill:
1)Provides that foster and homeless youth are eligible for the
exemption from locally-imposed high school graduation
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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.
2)Clarifies that a student is exempt from locally-imposed high
school graduation requirements if the district failed to
provide timely notification only if the student otherwise
qualifies for the exemption.
3)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.
Comments
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, this bill
would impose potential, likely minor, reimbursable mandate costs
to the extent the Commission on State Mandates determines this
bill constitutes a higher level of service.
SUPPORT: (Verified6/25/15)
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Association of California School Administrators
California State PTA
National Association of Social Workers, California Chapter
OPPOSITION: (Verified6/25/15)
None received
ARGUMENTS IN SUPPORT: According to the National Association of
Social Workers, it is unfortunately all too common for a foster
child or a homeless youth to not be informed of their
educational rights. These children typically change schools
many times during their school years. This bill will help to
ensure that they graduate on time and not be burdened by
graduation requirements that vary between localities.
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,
Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by:Lynn Lorber / ED. / (916) 651-4105
7/1/15 16:15:28
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