BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 445
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|Author: |Liu |
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|Version: |February 25, 2015 Hearing Date: |
| | April 8, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Pupil instruction and services: homeless children
SUMMARY
This bill extends the right to remain in the school of origin to
homeless students, which is currently provided to students who
are in foster care.
BACKGROUND
The federal McKinney-Vento Homeless Assistance Act:
1. 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 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))
2. Requires local educational agencies (LEAs) to continue
the child's or youth's education in the school of origin
for the duration of homelessness, according to the child's
or youth's best interest, as follows:
A. In any case in which a family becomes homeless
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between academic years or during an academic year; or,
B. For the remainder of the academic year, if the
child or youth becomes permanently housed during an
academic year.
(42 USC § 11432(g)((3)(A))
1. Requires the State and LEAs to adopt policies and
practices to ensure that transportation is provided, at the
request of the parent or guardian, to and from the school
of origin in accordance with the following:
A. If the homeless child or youth continues to
live in the area served by the LEA in which the school
of origin is located, the child's or youth's
transportation to and from the school of origin must
be provided or arranged by the LEA in which the school
of origin is located.
B. If the homeless child's or youth's living
arrangements in the area serviced by the local
educational agencies (LEA) of origin terminate and the
child or youth, though continuing his or her education
in the school of origin, begins living in an areas
served by another LEA, the LEA of origin and the LEA
in which the homeless child or youth is living must
agree upon a method to apportion the responsibility
and costs for providing the child or youth with
transportation to and from the school of origin. If
the LEAs are unable to agree upon such method, the
responsibility and costs for transportation are to be
shared equally. (42 USC § 11432(g)(1)(J)(iii))
1. Requires each LEA to designate a liaison for homeless
youth.
(42 USC § 11432(g)(1)(J)(ii))
2. Defines "school of origin" as the school that the child
or youth attended when permanently housed or the school in
which the child or youth was last enrolled. (42 USC §
11432(g)(3)(G))
Current state law requires:
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1. Local education agencies to allow a foster child to
continue his or her education in the school of origin for
the duration of the jurisdiction of the court after
changing residential placement. (Education Code §
48853.5(e)(1))
2. If the jurisdiction of the court is terminated prior to the
end of an academic year, the foster youth must be allowed
to continue in the school of origin through the duration of
the school year. If the foster youth is transitioning
between grade levels, including transitions to middle or
high school and even if the school designated for
matriculation is in another school district, the school
district must allow the foster youth to matriculate with
his or her peers. (EC § 48853.5(e)(2), (3), & (4))
3. A foster child to have the right to remain in the school of
origin pending the resolution of any dispute regarding the
request of a foster child to remain in that school. (EC §
48853.5(e)(9))
4. Requires each person between the ages of 6 and 18 to attend
the public school, for the full schoolday, of the school
district in which the residency of either the parent or
legal guardian is located. (EC § 48200)
Current law further:
1. Provides that school districts are not required to provide
transportation to allow a foster child to attend a school,
nor are school districts prohibited from, at its
discretion, providing transportation to allow a foster
child to attend a school.
(EC § 48853.5(e)(5))
2. Authorizes the local education agency liaison for foster
children, with the agreement of the foster child and the
person holding education rights, to recommend that the
child's right to attend his or her school of origin be
waived and the foster child be enrolled in any public
school having an attendance area in which the foster child
resides. Under this scenario, and prior to making any
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recommendation to move a foster child from his or her
school of origin, the liaison must provide the foster child
and person holding education rights with a written
explanation stating the basis for the recommendation and
how this recommendation serves the foster child's best
interest.
(EC § 48853.5(e)(6) & (7))
3. Defines "school of origin" as the school the foster child
attended when he or she was permanently housed or the last
school in which the foster child was enrolled. If the
school the foster child attended when permanently housed is
different from the school of last attendance, or if there
is another school that the foster child attended with which
the child is connected and the child attended within the
immediately preceding 15 months, the educational liaison,
the foster child and the person holding educational rights
shall determine the school that shall be deemed the school
of origin. (EC § 48853.5(f))
ANALYSIS
This bill extends the right to remain in the school of origin to
homeless students, which is currently provided to students who
are in foster care. Specifically, this bill:
1. Requires the local educational agency (LEA) serving the
homeless child to allow the homeless child to continue his
or her education in the school of origin, at the point of
any change or any subsequent change in residence once a
child becomes homeless, through the duration of
homelessness.
2. Requires, if the homeless child's status changes (is no
longer homeless) before the end of the academic year,
either of the following to apply:
A. The LEA to allow the formerly homeless
child to continue his or her education in the school
of origin through graduation, if the child is in high
school.
B. The LEA to allow the formerly homeless
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child to continue his or her education in the school
of origin through the duration of the academic school
year, if the child is in kindergarten or grades 1-8.
3. Requires the following to apply, 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:
A. The LEA must allow the homeless child
to continue in the school district of origin in the
same attendance area if the homeless child is
transitioning between school grade levels.
B. The LEA must allow the homeless child
to continue to the school designated for matriculation
if the homeless child is transitioning to a
middle or high school and the school designated for
matriculation is in another school district.
C. The new school must immediately enroll
the homeless child even if the child has outstanding
fees, fines, textbooks, or other items or money 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 records or other proof of immunization
history), proof of residency, other documentation, or
school uniforms.
4. Requires the federal McKinney-Vento Homelessness Assistance
Act to govern the procedures for transportation and dispute
resolution with respect to homeless children and school of
origin.
5. Provides that this bill does not require a school district
to provide transportation to a former homeless child who
has an individualized education program (IEP) that does not
require transportation as a related service and who changes
residence but remains in his or her school of origin,
unless the IEP team determines that transportation is a
necessary related service, or the federal McKinney-Vento
Act requires transportation to be provided.
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6. Provides that this bill 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 Act or
other federal law. This bill authorizes a school district,
at its discretion, to provide transportation services to
allow a homeless child to attend a school or school
district.
7. Defines:
A. "Homeless child" as is defined by the
federal McKinney-Vento Act (see Background).
B. "School of origin" as 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
of last attendance, or if there is some other school
that the homeless child attended with which the
homeless child is connected and that the child
attended within the immediately preceding 15 months,
the educational liaison, with the agreement of the
homeless child and person holding educational rights,
is to determine the school that is to be deemed the
school of origin.
8. States legislative intent that this bill not supersede or
exceed other laws governing special education services for
eligible homeless children.
STAFF COMMENTS
1. Need for the bill. According to the author, "Under
McKinney-Vento, homeless youth already have the right to
remain in their school of origin for the duration of
homelessness when a transfer occurs but that right does not
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extend to a feeder school so that the student can
matriculate with his or her peers, or to the end of high
school if the student finds a permanent placement prior to
completing his or her studies. These students have very
little in the way of structured support, and for many of
them their only safety net and stable connection is their
school."
2. Federal law is limited. The federal McKinney-Vento
Homeless Assistance Act provides homeless students with the
right to remain in the school of origin for the duration of
homelessness, but does not extend the school of origin
provisions to affect schools in the feeder pattern (e.g.
homeless students may continue to attend their middle
school but not the high school into which those middle
school students typically matriculate). This bill exceeds
the provisions of the McKinney-Vento Act by including
feeder schools and allowing homeless students to remain in
the school of origin (or matriculate to the feeder school)
even if the student is no longer homeless. Bill also
exceeds the McKinney-Vento Act in the definition of school
of origin; the definition in this bill mirrors the current
definition in state law relative to foster youth.
3. Parity with foster youth. This bill is consistent with
existing law relative to the ability for foster youth to
remain in the school of origin. Current law extends to
both foster youth and homeless youth an exemption from
local high school graduation requirements, the awarding of
partial credit for completed coursework, and notification
to the local educational agency liaisons regarding
expulsion proceedings.
4. How many homeless youth? According to the California
Homeless Youth Project, there were approximately 270,000
homeless students in California during the 2012-13 school
year. 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. The purpose of these
funds is to facilitate the enrollment, attendance, and
success in school, including addressing problems due to
transportation needs, immunization and residency
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requirements, and lack of birth certificates and school
records.
5. Technical amendment needed. On page 2, line 27, after the
comma insert "the local educational agency shall allow the
homeless child to continue."
6. Related and prior legislation.
RELATED LEGISLATION
SB 252 (Leno, 2015) prohibits a fee from being charged to
homeless youth (up to age 25) for the high school
proficiency exam and the high school equivalency tests. SB
252 is pending in the Senate Appropriations 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 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 scheduled to be heard
in the Assembly Education Committee on April 8.
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 in the Assembly Higher Education Committee.
AB 982 (Eggman, 2015) gives priority for federal and state
subsidized child development services to homeless children.
AB 982 is scheduled to be heard in the Assembly Human
Services Committee on April 14.
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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 scheduled to be
heard in the Assembly Education Committee on April 8.
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.
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
California Alliance of Child and Family Services
California Council of Community Mental Health Agencies
California School Employees Association
Junior Leagues of California
Legal Services for Children
Legal Services for Prisoners with Children
Mental Health America of California
National Association for the Education of Homeless Children and
Youth
National Association of Social Workers, California Chapter
National Center for Youth Law
Public Counsel
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OPPOSITION
None received.
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