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