BILL ANALYSIS Ó
SB 445
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Date of Hearing: July 1, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB
445 (Liu) - As Amended April 15, 2015
SENATE VOTE: 36-0
SUBJECT: Pupil instruction and services: homeless children.
SUMMARY: Provides students who are homeless the right to
remain in their schools of origin and the right to immediate
enrollment. Specifically, this bill:
1) Requires that, at the point of any change or any subsequent
change in residence once a student becomes homeless, the
local educational agency (LEA) serving the student must allow
the student to continue his or her education in the school of
origin through the duration of homelessness.
2) Requires that, if the homeless student's status changes
before the end of the academic year so that he or she is no
longer homeless, either of the following apply:
a) If the student is in high school, the LEA must allow the
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formerly homeless student to continue his or her education
in the school of origin through graduation.
b) If the student is in kindergarten through 8th grade, the
LEA must allow the formerly homeless student to continue
his or her education in the school of origin through the
duration of the academic school year.
1) Requires that, if the homeless student is transitioning
between school grade levels, the LEA allow him or her to
continue in the school district of origin in the same
attendance area.
2) Requires that, if the student is transitioning to a middle
school or high school, and the school designated for
matriculation is in another school district, the LEA must
allow the student to continue to the school designated for
matriculation in that school district.
3) Requires the new school to immediately enroll the student
even if he or she 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, such as immunization records, proof of residency, or
school uniforms.
4) States the intent of the Legislature that this section not
supersede or exceed other laws governing special education
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services for eligible homeless students.
5) States that the federal McKinney-Vento Homeless Assistance
Act shall govern the procedures for transportation and
dispute resolution with respect to homeless student and
school of origin.
6) States that this bill does not require a school district to
provide transportation to a former homeless student 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 pursuant
to this bill, unless the IEP team determines that
transportation is a necessary related service, or the federal
McKinney-Vento Homeless Assistance Act requires
transportation to be provided.
7) States that this bill does not require a school district to
provide transportation services to allow a homeless student
to attend a school or school district, unless otherwise
required under federal law. States that a school district
may, at its discretion, provide transportation services to
allow a homeless student to attend a school or school
district.
8) Defines "homeless child" using the federal definition in the
McKinney-Vento Homeless Assistance Act.
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9) Defines "school of origin" as the school that the homeless
student attended when permanently housed or the school in
which the homeless student was last enrolled.
10)States that if the school the homeless student attended when
permanently housed is different from the school in which he
or she was last enrolled, or if there is some other school
that the student attended within the immediately preceding 15
months and to which the student is connected, the homeless
education liaison, in consultation with specified people, to
determine, in the best interests of the student, that the
school is the school of origin.
EXISTING LAW:
Federal law:
1)Defines, in the federal McKinney-Vento Act Homeless Assistance
Act, "homeless children and youth" as individuals who lack a
fixed, regular, and adequate nighttime residence, including
children who are sharing the housing of other people, living
in motels, hotels, trailer parks, or camp grounds, emergency
or transitional shelters, abandoned in hospitals or awaiting
foster care placement, or who are living in a place not
generally used for sleeping, cars, parks, public spaces,
abandoned buildings, substandard housing, bus or train
stations, and migratory children living in the circumstances
above.
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2)Requires LEAs to continue the student'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 student
becomes permanently housed during an academic year.
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 student continues to live in the area
served by the LEA in which the school of origin is located,
the student'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 student's living arrangements in the
area serviced by the LEA of origin terminate and the
student, 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.
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.
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State law:
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.
2)Requires that a student has the right to remain in his/her
school of origin pending the resolution of a dispute regarding
educational placement.
3)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.
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
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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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, this bill is unlikely to result in significant costs
to the state, with any state mandated costs anticipated to be
minor.
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."
Homeless youth education outcomes. According to a 2009 report
by Columbia University's National Center for Children in
Poverty, children who experience homelessness are at high risk
for poor educational outcomes. Among these outcomes, homeless
children:
Are more likely to be retained
Are more likely to change school placement (nearly 40%
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changed school from two to five times in the last 12
months)
Often have missed significant amounts of school (nearly
40% missed more than one week of school in the past three
months)
Have reading, spelling, and mathematics scores are more
often below grade level
Are more likely to require a special education
evaluation (almost 50 percent), but less than 23 percent of
those with any disability have ever received special
education evaluation or special education services
Are much less likely to complete high school
Going beyond federal law to achieve parity with foster youth
rights. Most provisions of this bill mirror the federal
McKinney-Vento Act Homeless Assistance Act, while a few exceed
the requirements of that law. These provisions are intended to
make the rights of homeless youth consistent with those afforded
students in foster care by state law. The areas in which this
bill exceed federal law 1) provide that students have the right
to matriculate to the school which feeds from the school of
origin, 2) allow homeless students attending high school to
remain in the school of origin through graduation, and 3) define
"school of origin" consistent with state law as it applies to
students in foster care.
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Clarifying the definition of local educational agency in this
chapter. Existing law, for purposes of the chapter this bill
amends, defines LEA to include "charter schools participating as
a member of a special education local plan area." This chapter
was originally written to apply to special education students
residing in licensed children's institutions, but has since been
amended to address the rights of students who are homeless and
are in foster care attending public schools generally. In
addition, federal law pertaining to homeless students applies to
all public schools, including charter schools. In practice,
this chapter has been understood to apply to all charter
schools. Accordingly, the Committee may wish to consider a
clarifying amendment to delete "participating as a member of a
special education local plan area" from that definition.
Related legislation. SB 177 (Liu), Chapter 491, Statutes of
2013, required school districts, charter schools, and county
offices of education to immediately enroll homeless students.
AB 1806 (Bloom), Chapter 767, Statutes of 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 1166 (Bloom), which was approved by this Committee and is
currently in the Senate, allows students in foster care and
those who are homeless to be eligible for the exemption from
local graduation requirements even if they are not notified of
this right within 30 days of enrollment, and allows homeless
students to be exempt even if they are no longer homeless or if
they transfer to another school or district.
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REGISTERED SUPPORT / OPPOSITION:
Support
Public Counsel (sponsor)
Association of California School Administrators
California Alliance of Child and Family Services
California Coalition for Youth
California Council of Community Mental Health Agencies
California School Employees Association
California State PTA
California Teachers Association
California Youth Empowerment Network
Children's Defense Fund-California
Legal Services for Prisoners with Children
Los Angeles Unified School District
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
Opposition
None on file
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Analysis Prepared by:Tanya Lieberman / ED. / (916)
319-2087