Amended in Assembly July 9, 2015

Amended in Senate April 15, 2015

Senate Bill No. 445

Introduced by Senator Liu

February 25, 2015

An act begin insert to amend Section 48859 of, and end insert to add Section 48852.7 begin delete to end delete begin insert to, end insert the Education Code, relating to pupil instruction and services.

LEGISLATIVE COUNSEL’S DIGEST

SB 445, as amended, Liu. Pupil instruction and services: homeless begin delete children. end delete begin insert children: foster children. end insert

begin delete

The

end delete

begin insert (1) end insert begin insert   end insert begin insert The end insert 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.

begin insert

(2) Existing law requires a pupil placed in a licensed children's institution or foster family home to attend programs operated by the local educational agency, unless one of certain circumstances applies. Existing state law requires each local educational agency to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison for foster children to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades. Existing law defines a local educational agency for purposes of these provisions, the provisions above relating to homeless children and youth, and other related provisions to include a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area.

end insert begin insert

This bill would revise the definition of a local educational agency for purposes of those provisions to include all charter schools. To the extent this would impose additional duties on charter schools, the bill would impose a state-mandated local program.

end insert begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert 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:

SECTION 1.  

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

48852.7.  

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

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

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

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

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

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

(2) If the homeless child is transitioning to a middle school or
high school, and the school designated for matriculation is in
another school district, the local educational agency shall allow
the homeless child to continue to the school designated for
matriculation in that school district.

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

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

(e) (1) The federal McKinney-Vento Homeless Assistance Act
(42 U.S.C. Sec. 11301 et seq.) shall govern the procedures for
transportation and dispute resolution with respect to homeless
children and school of origin.

(2) This section does not require a school district to provide
transportation to a former homeless child who has an individualized
education program that does not require transportation as a related
service and who changes residence but remains in his or her school
of origin pursuant to this section, unless the individualized
education program team determines that transportation is a
necessary related service, or the federal McKinney-Vento Homeless
Assistance Act requires transportation to be provided.

(3) This section does not require a school district to provide
transportation services to allow a homeless child to attend a school
or school district, unless otherwise required under the federal
McKinney-Vento Homeless Assistance Act or other federal law.
A school district may, at its discretion, provide transportation
services to allow a homeless child to attend a school or school
district.

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

(1) “Homeless child” has the same meaning as in Section
11434a(2) of Title 42 of the United States Code.

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

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 48859 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48859.  

For purposes of this chapter, the following terms have
the following meanings:

(a) “County placing agency” means the county social services
department or county probation department.

(b) “Educational authority” means an entity designated to
represent the interests of a child for educational and related
services.

(c) “Local educational agency” means a school district, a county
office of education, a charter begin delete school participating as a member of
a special education local plan area, end delete begin insert school, end insert or a special education
local plan area.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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