BILL ANALYSIS                                                                                                                                                                                                    Ó



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

            Bill No:             SB 252              
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            |Author:    |Leno                                                 |
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            |Version:   |February 18, 2015                      Hearing Date: |
            |           |    March 25, 2015                                   |
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            |Urgency:   |No                     |Fiscal:     |Yes             |
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            |Consultant:|Lynn Lorber                                          |
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            Subject:  Pupils:  diploma alternatives:  fees

              SUMMARY
            
            This bill prohibits a fee from being charged to homeless  
            youth for the high school proficiency exam and the high  
            school equivalency tests.

              BACKGROUND
            
            The federal McKinney-Vento Act defines "homeless children  
            and youths" as children and youths 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, § 11431 et. seq.)

            High school proficiency exam
            
            Current law requires:

               1.   The following people to be permitted to have his or  
                 her proficiency in basic skills verified according to  
                 criteria established by the California Department of  
                 Education (CDE):

                    A.        Any person who is at least 16 years of  







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                      age.

                    B.        Any person who has been enrolled in grade  
                      10 for one academic year or longer.

                    C.        Any person who will complete one academic  
                      year of enrollment in grade 10 at the end of the  
                      semester during which the next regular examination  
                      will be conducted.  

               1.   The State Board of Education to award a "certificate  
                 of proficiency" to people who achieve a passing score  
                 on the proficiency exam.  The certificate of  
                 proficiency is equivalent to a high school diploma.  
            (Education Code § 48412)


            The California Department of Education (CDE) has designated  
            the California High School Proficiency Examination (CHSPE)  
            as the test by which students may verify proficiency in  
            basic skills.  The Sacramento County Office of Education  
            administers the CHSPE program under contract with the CDE.  

            High school equivalency tests
            
            Current law requires the Superintendent of Public  
            Instruction (SPI) to issue a California high school  
            equivalency certificate and an official score report to any  
            person who has not completed high school and who meets all  
            of the following requirements:

               1.   Is a resident of California or is a member of the  
                 armed services assigned to duty in California.

               2.   Has taken all or a portion of a general educational  
                 development test approved by the State Board of  
                 Education (SBE) and administered by a test center  
                 approved by the California Department of Education,  
                 with a score determined by the SBE to be equal to the  
                 standard of performance expected from high school  
                 graduates.

               3.   Meets one of the following:

                    A.        Is at least 18 years of age.








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                    B.        Would have graduated from high school had  
                      he or she remained in school and followed the  
                      usual course of study toward graduation.

                    C.        Is at least 17 years of age, has  
                      accumulated fewer than 100 units of high school  
                      credit, and is confined to a state or county  
                      correctional agency.

                    D.        Is at least 17 years of age, has  
                      accumulated fewer than 100 units of high school  
                      credit prior to enrollment in a dropout recovery  
                      high school, and has successfully completed the  
                      program offered by a dropout recovery high school  
                      that provides the student with all of the  
                      following:

                         (1)            Instruction aligned to state  
                           academic content standards.

                         (2)            The opportunity to complete the  
                           requirements for a high school diploma.

                         (3)            At least one year of instruction  
                           or instruction followed by services related  
                           to the academic program.  

            Current law provides that a California high school  
            equivalency certificate is deemed to be a high school  
            diploma for the purpose of meeting the requirements of  
            employment by all state and local public agencies in  
            California.  
            (EC § 51420 and § 51425)
            The State Board of Education has approved the use of three  
            high school equivalency tests:

               1.   The General Educational Development Test (GED).

               2.   The High School Equivalency Test (HiSET).

               3.   The Test Assessing Secondary Completion (TASC).

              ANALYSIS
            








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            This bill prohibits a fee from being charged to homeless  
            youth for the high school proficiency exam and the high  
            school equivalency tests.  Specifically, this bill:

            1.   Prohibits the California Department of Education (CDE)  
                 from charging the fee to a homeless child or youth who  
                 can verify his or her status as a homeless child or  
                 youth.

            2.   Prohibits a scoring contractor or testing center for  
                 the general educational development test from charging  
                 the fee to a homeless child or youth who can verify his  
                 or her status as a homeless child or youth.

            3.   Provides that "a homeless child or youth" is defined by  
                 the federal McKinney-Vento Act (see Background).  

            4.   Authorizes a homeless services provider that has  
                 knowledge of the person's housing status to verify the  
                 homeless status.  This bill defines "homeless services  
                 provider" to include all of the following:

                      A.             A governmental or non-profit agency  
                      receiving federal, state, county or municipal  
                      funding to provide services to a homeless child or  
                      youth, or that is otherwise sanctioned to provide  
                      those services by a local homeless continuum of  
                      care organization.

                      B.             An attorney licensed to practice  
                      law in California.

                      C.             A local educational agency liaison  
                      for homeless children and youth, or a school  
                      social worker.

                      D.             A human services provider or public  
                      social services provider funded by the state to  
                      provide homeless children or youth services,  
                      health services, mental or behavioral health  
                      services, substance use disorder services, or  
                      public assistance or employment services.

                      E.             A law enforcement officer  
                      designated as a liaison to the homeless population  








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                      by a local police department or sheriff's  
                      department within the state.


                      F.             Any other person or entity that is  
                      qualified to verify an individual's housing  
                      status, as determined by the California Department  
                      of Education.

            STAFF COMMENTS
            
            1.   Need for the bill.  According to the author, "As  
                 homelessness can make graduating from high school  
                 challenging, or even impossible, other paths to  
                 completing high school and accessing higher education  
                 are extremely important to homeless youths.  The high  
                 school proficiency and equivalency exams are two paths  
                 to postsecondary education and opportunities that can  
                 greatly enhance homeless youths' future earning power  
                 and ultimate stability.  However, the fees for these  
                 exams have increased in recent years to between $150  
                 and $200.  This cost presents an impossible barrier for  
                 homeless youth."

            2.   Author's amendments.  The author wishes to amend this  
                 bill as follows:

                 A.        Cap the age at which a homeless youth may be  
                      eligible for fee exemption, to youth who have not  
                      turned 25 years old.

                 B.        Delete the list of "homeless services  
                      provider" (other than a person or entity as  
                      determined by the California Department of  
                      Education) and instead provides a cross-reference  
                      to an existing definition in the Health and Safety  
                      Code.  The definition of "homeless services  
                      provider" in the Health and Safety Code is  
                      identical to the list of individuals and entities  
                      proposed for deletion from this bill (other than a  
                      person or entity as determined by the California  
                      Department of Education). 

            3.   Verification of homelessness.  The Health and Safety  
                 Code includes a definition of "homeless services  








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                 provider" for purposes of verifying homelessness to  
                 obtain a certified birth certificate at no cost.  The  
                 Health and Safety Code also requires the California  
                 Department of Public Health to develop an affidavit  
                 attesting to the person's status as being homeless, and  
                 requires both the homeless person and the homeless  
                 services provider to sign the affidavit.  

            This bill does not specify the type of verification that  
                 homeless services providers are to furnish to homeless  
                 youth for the purposes of this bill.  Should this bill  
                 require an affidavit to serve as a uniform method of  
                 verification to be accepted by test centers?  

            4.   Contract and Memorandum of Understanding.  The  
                 California Department of Education (CDE) is currently  
                 in contract with the Sacramento County Office of  
                 Education for the administration of the California High  
                 School Proficiency Exam.  This contract will expire on  
                 June 30, 2016; the CDE will issue a Request for  
                 Proposals this year for a contract to begin July 1,  
                 2016.  It is possible for the CDE to adjust the terms  
                 of the next contract to prohibit fees from being  
                 charged to homeless youth, pursuant to this bill.

            The CDE has Memorandums of Understanding (MOUs) with three  
                 vendors for the high school equivalency tests:  two  
                 expire on December 31, 2015, and one expires on  
                 December 31, 2016.  It is possible for the CDE to  
                 renegotiate the MOUs with the test vendors; the vendors  
                 in turn would need to renegotiate their contracts with  
                 test centers (there are approximately 300 test centers  
                 in California).  

            Should this bill require the contract for the California  
                 High School Proficiency Exam and the MOUs for the high  
                 school equivalency tests to include a prohibition on  
                 raising fees for the exam and tests?  (See Comment #7.)

            5.   How many homeless youth may be affected?  According to  
                 the California Homeless Youth Project, there were  
                 approximately 270,000 homeless students in California  
                 during the 2012-13 school year.  According to  
                 information provided by the author's office, it is  
                 estimated that approximately 446 homeless youth take a  








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                 high school equivalency test, and 416 take the high  
                 school proficiency exam.

            During the 2014-15 fiscal year, 84 school districts and  
                 county offices of education received funds under the  
                 federal McKinney-Vento Homeless Act in amounts ranging  
                 from almost $24,000 to over $216,000.  These funds are  
                 not specifically designated to cover the costs of  
                 exams.

            6.   What about foster youth?  This bill affects homeless  
                 youth, but not other special populations such as foster  
                 youth.  Should foster youth be exempt from paying fees  
                 to take the high school proficiency and high school  
                 equivalency exams?

            7.   Fiscal impact.  The fee to take the California High  
                 School Proficiency Exam is $110.  The fee for the high  
                 school equivalency tests varies, as determined by each  
                 test vendor and test center; this fee is generally  
                 $120-$200.  This bill does not eliminate or waive the  
                 $20 fee charged by the California Department of  
                 Education for the cost of awarding certificates,  
                 issuing score reports, and maintaining records, and the  
                 cost of providing all follow-up services related to the  
                 completion of the test.

            This bill is silent with regards to who covers the costs of  
                 these exams.  Presumably, the State will cover the  
                 costs, although it's possible that fees for the exams  
                 could be increased and therefore costs would be covered  
                 by other test-takers.

            8.   Related and prior legislation.

            RELATED LEGISLATION

            SB 445 (Liu, 2015) requires homeless students to be allowed  
                 to remain in the school of origin through the duration  
                 of homelessness.  SB 445 is pending in this Committee.   


            SB 636 (Liu, 2015) establishes the Homeless Youth Basic  
                 Material Needs Assistance Program.  SB 636 is scheduled  
                 to be heard in the Senate Human Services Committee on  








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                 April 14.

            AB 1166 (Bloom, 2015) modifies the existing exemption for  
                 foster and homeless youth from meeting locally imposed  
                 high school graduation requirements to specify that the  
                 exemption is to remain in place even if the student is  
                 no longer homeless while enrolled in school.  AB 1166  
                 is pending referral in the Assembly.

            AB 801 (Bloom, 2015) makes several changes to existing  
                 provisions regarding priority enrollment at  
                 institutions of higher education, requires "qualifying  
                 institutions" to designate a homeless and foster  
                 student liaison, and modifies residency requirements  
                 for homeless youth.  AB 801 is pending in the Assembly  
                 Higher Education Committee.

            AB 1228 (Gipson, 2015) adds current and former homeless  
                 youth to existing provisions regarding priority housing  
                 for foster youth at institutions of higher education.   
                 AB 1228 is pending referral in the Assembly.

            AB 982 (Eggman, 2015) gives priority for federal and state  
                 subsidized child development services to homeless  
                 children.  AB 982 is pending in the Assembly Human  
                 Services Committee.

            AB 891 (Campos, 2015) among other things, establishes  
                 priority enrollment in after school programs for  
                 homeless youth and children in families receiving  
                 CalWORKs benefits, and prohibits after school programs  
                 from charging a fee to families of homeless youth.  AB  
                 891 is pending in the Assembly Education Committee.

            PRIOR LEGISLATION

            SB 177 (Liu, Ch. 491, 2013) among other things, required  
                 school districts, charter schools and county offices of  
                 education to immediately enroll a homeless youth.

            AB 1806 (Bloom, Ch. 767, 2014) extended policies and  
                 procedures for suspension, expulsion, graduation  
                 requirements and completed coursework to students who  
                 are homeless that are currently provided to students  
                 who are in foster care.








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            AB 951 (Medina, 2013) would have required school districts  
                 that designate a liaison for homeless children and  
                 youths as required under the federal McKinney-Vento  
                 Homeless Assistance Act, to ensure the liaison is  
                 properly trained regarding the rights of these children  
                 to receive educational services.  AB 951 was held in  
                 the Assembly Appropriations Committee.



              SUPPORT
            
            American Federation of State, County and Municipal Employees
            California Coalition for Youth
            County Welfare Directors
            Echoes of Hope
            First Place for Youth
            Housing California
            LA Coalition to End Youth Homelessness
            Larkin Street Youth Services
            LINC Housing
            Mental Health America of Los Angeles
            National Association for the Education of Homeless Children  
            and Youth
            Young Invincibles

              OPPOSITION
             
             None received.

                                      -- END --