BILL ANALYSIS Ó SB 445 Page 1 Date of Hearing: July 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 445 (Liu) - As Amended July 9, 2015 ----------------------------------------------------------------- |Policy |Education |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: SB 445 Page 2 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 SB 445 Page 3 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 SB 445 Page 4 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 SB 445 Page 5 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