BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 445|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 445
Author: Liu (D)
Amended: 4/15/15
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 4/8/15
AYES: Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/4/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Pupil instruction and services: homeless children
SOURCE: Author
DIGEST: 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.
ANALYSIS: Existing federal law, under the federal
McKinney-Vento Homeless Assistance Act (the 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,
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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 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 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)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))
Existing state law:
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1)Requires 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)Requires, 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)Requires, 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)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))
This bill:
1)Requires the 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:
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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 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 Act to govern the procedures for transportation and
dispute resolution with respect to homeless children and
school of origin.
5)Provides that a school district is not required 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
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service, or the Act requires transportation to be provided.
6)Provides that a school district is not required to provide
transportation services to allow a homeless child to attend a
school or school district, unless otherwise required under the
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 Act (see
Existing federal law).
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.
Comments
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 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."
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Federal law is limited. This bill exceeds the provisions of the
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. This bill
also exceeds the Act in the definition of school of origin; the
definition in this bill mirrors the current definition in state
law relative to foster youth.
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. Existing 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.
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 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 requirements, and lack of
birth certificates and school records.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee analysis:
1)This bill is unlikely to result in significant costs to the
state. This bill does not require schools to provide
transportation based solely on a student's homeless status and
defaults to federal law.
2)This bill may result in a reimbursable state mandate; however,
costs are anticipated to be minor, if any, as the state
provides funding on a per-pupil basis.
SUPPORT: (Verified 5/5/15)
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California Alliance of Child and Family Services
California Coalition for Youth
California School Employees Association
California Teachers Association
California Youth Empowerment Network
National Association for the Education of Homeless Children and
Youth
Public Counsel
OPPOSITION: (Verified5/5/15)
None received
ARGUMENTS IN SUPPORT: According to the California Coalition
for Youth, 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 extend to a feeder
school so that the students 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.
Even though homeless youth suffer similarly from home moves that
are beyond their control, California law does not provide the
same protections related to school of origin as have been
extended to foster youth.
Prepared by:Lynn Lorber / ED. / (916) 651-4105
5/6/15 16:16:21
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