Amended in Senate April 15, 2015

Senate BillNo. 445


Introduced by Senator Liu

February 25, 2015


An act to add Section 48852.7 to the Education Code, relating to pupil instruction and services.

LEGISLATIVE COUNSEL’S DIGEST

SB 445, as amended, Liu. Pupil instruction and services: homeless children.

The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaison’s local educational agency, as specified.

This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 48852.7 is added to the Education Code,
2to read:

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48852.7.  

(a) At the point of any change or any subsequent
4change in residence once a child becomes a homeless child, the
5local educational agency serving the homeless child shall allow
6the homeless child to continue his or her education in the school
7of origin through the duration of homelessness.

8(b) If the homeless child’s status changes before the end of the
9academic year so that he or she is no longer homeless, either of
10the following apply:

11(1) If the homeless child is in high school, the local educational
12agency shall allow the formerly homeless child to continue his or
13her education in the school of origin through graduation.

14(2) If the homeless child is in kindergarten or any of grades 1
15to 8, inclusive, the local educational agency shall allow the
16formerly homeless child to continue his or her education in the
17school of origin through the duration of the academic school year.

18(c) To ensure that the homeless child has the benefit of
19matriculating with his or her peers in accordance with the
20established feeder patterns of school districts, the following apply:

21(1) If the homeless child is transitioning between school grade
22levels, the local educational agency shall allow the homeless child
23to continue in the school district of origin in the same attendance
24area.

25(2) If the homeless child is transitioning to a middle school or
26high school, and the school designated for matriculation is in
27another school district,begin insert the local educational agency shall allow
28the homeless child to continueend insert
to the school designated for
29matriculation in that school district.

30(3) The new school shall immediately enroll the homeless child
31even if the child has outstanding fees, fines, textbooks, or other
32items or moneys due to the school last attended or is unable to
33produce clothing or records normally required for enrollment, such
P3    1as previous academic records, medical records, including, but not
2limited to, records or other proof of immunization history pursuant
3to Chapter 1 (commencing with Section 120325) of Part 2 of
4Division 105 of the Health and Safety Code, proof of residency,
5other documentation, or school uniforms.

6(d) It is the intent of the Legislature that this section shall not
7supersede or exceed other laws governing special education
8services for eligible homeless children.

9(e) (1) The federal McKinney-Ventobegin delete Homelessnessend deletebegin insert Homelessend insert
10 Assistance Act (42 U.S.C. Sec. 11301 et seq.) shall govern the
11procedures for transportation and dispute resolution with respect
12to homeless children and school of origin.

13(2) This section does not require a school district to provide
14transportation to a former homeless child who has an individualized
15education program that does not require transportation as a related
16service and who changes residence but remains in his or her school
17of origin pursuant to this section, unless the individualized
18education program team determines that transportation is a
19necessary related service, or the federal McKinney-Vento
20begin delete Homelessnessend deletebegin insert Homelessend insert Assistance Act requires transportation to
21be provided.

22(3) This section does not require a school district to provide
23transportation services to allow a homeless child to attend a school
24or school district, unless otherwise required under the federal
25McKinney-Ventobegin delete Homelessnessend deletebegin insert Homelessend insert Assistance Act or other
26federal law. A school district may, at its discretion, provide
27transportation services to allow a homeless child to attend a school
28or school district.

29(f) For purposes of this section, the following definitions apply:

30(1) “Homeless child” has the same meaning as in Section
3111434a(2) of Title 42 of the United States Code.

32(2) “School of origin” means the school that the homeless child
33attended when permanently housed or the school in which the
34homeless child was last enrolled. If the school the homeless child
35attended when permanently housed is different from the school in
36which the homeless child was last enrolled, or if there is some
37other school that the homeless child attended with which the
38 homeless child is connected and that the homeless child attended
39within the immediately preceding 15 months, the educational
40liaison, in consultation with, and with the agreement of, the
P4    1homeless child and the person holding the right to make educational
2decisions for the homeless child, shall determine, in the best
3interests of the homeless child, the school that shall be deemed the
4school of origin.

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SEC. 2.  

If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.



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