BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 445|
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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
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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
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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)
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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
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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
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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.
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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
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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,
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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
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