BILL ANALYSIS                                                                                                                                                                                                    Ó




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

          Bill No:             SB 445              
           ----------------------------------------------------------------- 
          |Author:    |Liu                                                  |
          |-----------+-----------------------------------------------------|
          |Version:   |February 25, 2015                      Hearing Date: |
          |           |   April 8, 2015                                     |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |Yes              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|Lynn Lorber                                          |
          |           |                                                     |
           ----------------------------------------------------------------- 
          
          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  








          SB 445 (Liu)                                            Page 2  
          of ?
          
          
                    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:








          SB 445 (Liu)                                            Page 3  
          of ?
          
          

          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  








          SB 445 (Liu)                                            Page 4  
          of ?
          
          
               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  








          SB 445 (Liu)                                            Page 5  
          of ?
          
          
                    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.








          SB 445 (Liu)                                            Page 6  
          of ?
          
          

          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  








          SB 445 (Liu)                                            Page 7  
          of ?
          
          
               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  








          SB 445 (Liu)                                            Page 8  
          of ?
          
          
               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.








          SB 445 (Liu)                                            Page 9  
          of ?
          
          

          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








          SB 445 (Liu)                                            Page 10  
          of ?
          
          

            OPPOSITION
           
           None received.

                                      -- END --