BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 252|
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                                   THIRD READING 


          Bill No:  SB 252
          Author:   Leno (D), et al.
          Amended:  6/2/15  
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  8-0, 3/25/15
           AYES:  Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza
           NO VOTE RECORDED:  Nielsen

           SUBJECT:   Pupils:  diploma alternatives:  fees


          SOURCE:    California Coalition for Youth 
                     Housing California
                     National Association for the Education of Homeless  
          Children and Youth
          
          DIGEST:   This bill prohibits a fee from being charged to  
          homeless youth for the high school proficiency exam and the high  
          school equivalency tests.

          ANALYSIS:   Existing federal law, 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.)








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          Existing state law:

          High school proficiency exam

           1) Requires 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 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) Requires the State Board of Education (SBE) 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 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

          3) 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:

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

              b)    Has taken all or a portion of a general educational  
                development test approved by the SBE and administered by a  







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                test center approved by the CDE, with a score determined  
                by the SBE to be equal to the standard of performance  
                expected from high school graduates.

                i)      Meets one of the following:

                ii)     Is at least 18 years of age.

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

                iv)     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.

                v)      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.  

          4) 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 SBE has approved the use of three high school equivalency  
             tests:

              a)    The General Educational Development Test.








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              b)    The High School Equivalency Test.

              c)    The Test Assessing Secondary Completion.

          This bill:

           1) Prohibits the 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) Limits the scope of this bill to homeless youth who have not  
             reached the age of 25 years as of the date of the scheduled  
             exam.

           3) Prohibits a scoring contractor or testing center for the  
             general educational development test from charging the fee to  
             a homeless child or youth who is under age 25 years and can  
             verify his or her status as a homeless child or youth.

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

           5) 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" as either of  
             the following:

              a)    A homeless services provider listed in the Health and  
                Safety Code, which includes all of the following:

                i)      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.

                ii)     An attorney licensed to practice law in  
                  California.

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

                iv)     A human services provider or public social  
                  services provider funded by the state to provide  







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                  homeless children or youth services, health services,  
                  mental or behavioral health services, substance use  
                  disorder services, or public assistance or employment  
                  services.

                v)      A law enforcement officer designated as a liaison  
                  to the homeless population by a local police department  
                  or sheriff's department within the state.

              b)    Any other person or entity that is qualified to verify  
                an individual's housing status, as determined by the CDE.

           6) Prohibits additional state funds from being appropriated for  
             purposes of implementing this bill.

          Comments
          
          Verification of homelessness.  The Health and Safety Code  
          includes a definition of "homeless services provider" for  
          purposes of verifying homelessness to obtain a certified birth  
          certificate at no cost.  The Health and Safety Code also  
          requires the 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.  

          Contract and Memorandum of Understanding.  The CDE is currently  
          in contract with the Sacramento County Office of Education for  
          the administration of the CHSPE.  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).  







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          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 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 Act in amounts ranging from almost $24,000 to  
          over $216,000.  These funds are not specifically designated to  
          cover the costs of exams.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:


           This bill prohibits additional state funding from being  
            provided to implement the fee exemptions and would therefore  
            require that they be absorbed at the local level.  Costs are  
            estimated to be in the low to mid hundreds of thousands to  
            cover the loss of fee revenue.  

           The CDE indicates that this bill imposes minimal costs to CDE.


          SUPPORT:   (Verified6/1/15)


          California Coalition for Youth (co-source)
          Housing California (co-source)
           National Association for the Education of Homeless Children and  
            Youth (co-source)
          Attorney General Kamala Harris
          American Federation of State, County and Municipal Employees
          California State PTA
          City of West Hollywood
          Common Sense Kids Action
          County Welfare Directors







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          Divinity Prophet and Associates
          Echoes of Hope
          First Place for Youth
          Foster Care Counts
          John Burton Foundation for Children Without Homes
          LA Coalition to End Youth Homelessness
          Larkin Street Youth Services
          LINC Housing
          Los Angeles County Office of Education
          Mental Health America of Los Angeles
          National Center for Youth Law
          Public Counsel
          San Diego Youth Service
          Skid Row Housing Trust
          Young Invincibles


          OPPOSITION:   (Verified6/1/15)


          None received


          ARGUMENTS IN SUPPORT:      According to Public Counsel, the  
          challenges of homelessness lead to low rates of high school  
          graduation; California studies have found that as many as 75% of  
          homeless youths drop out of school.  As homelessness can make  
          graduating from high school challenging, or even impossible,  
          alternative pathways to high school completion and eligibility  
          for post-secondary education are important to homeless youths.   
          SB 252 offers homeless youths a pathway to post-secondary  
          education and opportunities that can greatly enhance their  
          future earning power and career success.



          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          6/2/15 13:59:22


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