BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 445|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                UNFINISHED BUSINESS 


          Bill No:  SB 445
          Author:   Liu (D)
          Amended:  7/9/15  
          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

           SENATE FLOOR:  36-0, 5/18/15
           AYES:  Allen, Anderson, Bates, Beall, Block, Cannella, De León,  
            Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill,  
            Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,  
            Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen,  
            Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Berryhill, Hall, Pavley

           ASSEMBLY FLOOR:  79-0, 8/20/15 (Consent) - See last page for  
            vote

           SUBJECT:   Pupil instruction and services:  homeless children:   
                     foster children


          SOURCE:    Public Counsel

          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.  

          Assembly Amendments modify the definition of "local educational  
          agency," relative to existing provisions for the education of  
          foster youth, to include all charter schools, rather than only  








                                                                     SB 445  
                                                                    Page  2



          charter schools that participate as a member of a special  
          education local plan area.

          ANALYSIS:   Existing federal law, the federal McKinney-Vento  
          Homeless Assistance Act (McKinney-Vento 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,  
            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))

          3)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 LEAs 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  








                                                                     SB 445  
                                                                    Page  3



               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))

          4)Requires each LEA to designate a liaison for homeless youth.  
            (42 USC § 11432(g)(1)(J)(ii))

          5)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:

          1)Requires LEAs 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)Requires each person between the ages of 6 and 18 to attend  
            the public school, for the full schoolday, of the school  
            district in which the residency of either the parent or legal  
            guardian is located.  (EC § 48200)








                                                                     SB 445  
                                                                    Page  4




          5)Provides that school districts are not required to provide  
            transportation to allow a foster child to attend a school, nor  
            are school districts prohibited from, at its discretion,  
            providing transportation to allow a foster child to attend a  
            school.  (EC § 48853.5(e)(5))

          6)Authorizes the LEA liaison for foster children, with the  
            agreement of the foster child and the person holding education  
            rights, to recommend that the child's right to attend his or  
            her school of origin be waived and the foster child be  
            enrolled in any public school having an attendance area in  
            which the foster child resides.  Under this scenario, and  
            prior to making any recommendation to move a foster child from  
            his or her school of origin, the liaison must provide the  
            foster child and person holding education rights with a  
            written explanation stating the basis for the recommendation  
            and how this recommendation serves the foster child's best  
            interest.  (EC § 48853.5(e)(6) & (7))

          7)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  








                                                                     SB 445  
                                                                    Page  5



            following to apply:

             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 federal McKinney-Vento Act to govern the  
            procedures for transportation and dispute resolution with  
            respect to homeless children and school of origin.  

          5)Provides that this bill does not require a school district to  
            provide transportation to a former homeless child who has an  
            individualized education program (IEP) that does not require  








                                                                     SB 445  
                                                                    Page  6



            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  
            service, or the federal McKinney-Vento Act requires  
            transportation to be provided.

          6)Provides that this bill does not require a school district to  
            provide transportation services to allow a homeless child to  
            attend a school or school district, unless otherwise required  
            under the federal McKinney-Vento 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 federal  
               McKinney-Vento Act (see Background).  

             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)Modifies the definition of "local educational agency,"  
            relative to existing provisions for the education of foster  
            youth, to include all charter schools, rather than only  
            charter schools that participate as a member of a special  
            education local plan area.

          9)States legislative intent that this bill not supersede or  
            exceed other laws governing special education services for  
            eligible homeless children.









                                                                     SB 445  
                                                                    Page  7



          Comments
          
          Federal law is limited.  The federal McKinney-Vento 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 the McKinney-Vento 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 McKinney-Vento 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 LEA 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 federal McKinney-Vento 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 Assembly Appropriations Committee, this bill  
          imposes unknown, likely minor costs to school districts to  
          establish procedures that allow for homeless youth to attend  








                                                                     SB 445  
                                                                    Page  8



          their school of origin.  This bill largely mirrors the federal  
          McKinney-Vento Act.  School districts may seek reimbursement  
          from the state for costs associated with provisions of the bill  
          that exceed federal law.


          SUPPORT:   (Verified8/21/15)


          Public Counsel (source)
          California School Employees Association
          California Teachers Association
          Legal Services for Prisoners with Children
          Mental Health America


          OPPOSITION:   (Verified8/21/15)


          None received


          ARGUMENTS IN SUPPORT:  According to Public Counsel, "during the  
          2013-14 school year, roughly 269,000 students in California  
          experienced homelessness.  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.  A homeless  
          child may have no control over where they may be living the next  
          day.  But, when that same child is able to stay in his or her  
          school of origin, he or she can at least have consistency with a  
          group of peers and adults, which can increase education outcomes  
          and is a protective factor against other social and emotional  
          harms."


          ASSEMBLY FLOOR:  79-0, 8/20/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  








                                                                     SB 445  
                                                                    Page  9



            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Chu


          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          8/21/15 14:57:40


                                   ****  END  ****