BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 445  


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          Date of Hearing:  July 15, 2015 


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 445  
          (Liu) - As Amended July 9, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill provides students who are homeless the right to remain  
          in their schools of origin and the right to immediate  
          enrollment.  Specifically, this bill:  








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           1) Requires a local education agency (LEA), at the point of  
             change or subsequent change in residence once a student  
             becomes homeless, to allow the student to continue his or her  
             education in the school of origin through the duration of  
             homelessness.



           2) Specifies, if the homeless student's status changes before  
             the end of the academic year so that he or she is no longer  
             homeless, the LEA is required to allow the student to  
             continue his or her education in the school of origin through  
             graduation. 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.



           3) Requires, if a child is transitioning between grade levels,  
             the LEA to allow the homeless child to continue in the school  
             district of origin in the same attendance area to preserve  
             the ability to matriculate with the homeless child's peers,.   
             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 LEA must allow the homeless  
             child to continue to the school designated for matriculation  
             in that school district.  



           4) 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  








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             school uniforms.



           5) States the intent of the Legislature that provisions of the  
             bill not supersede or exceed other laws governing special  
             education services for eligible homeless students.



           6) 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. 




           7) Specifies the 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.





           8) 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.  

           9) Defines "homeless child" consistent with existing federal  
             law.  The bill also defines  "School of origin" as the school  








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             that the homeless child attended when permanently housed or  
             the school in which the homeless child was last enrolled but  
             allows for some discretion if the  homeless child is  
             connected to another school and 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, determine, in the best  
             interests of the homeless child, the school that shall be  
             deemed the school of origin. Also clarifies the definition of  
             "LEA" applies to all charter schools. 





          FISCAL EFFECT:


          Unknown, likely minor costs to school districts to establish  
          procedures that allow for homeless youth to attend their school  
          of origin.  This bill largely mirrors the federal McKinney-Vento  
          Homeless Assistance Act.  School districts may seek  
          reimbursement from the state for costs associated with  
          provisions of the bill that exceed federal law.


          COMMENTS:


          Purpose. 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 federal law to include  








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          feeder schools and allows homeless students to remain in the  
          school of origin (or matriculate to the feeder school) even if  
          the student is no longer homeless. This definition of "school of  
          origin" also exceeds federal law but is consistent with state  
          law as it applies to students in foster care.  


          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081