BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1068            
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          |Author:    |Leyva                                                |
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          |Version:   |March 31, 2016                          Hearing      |
          |           |Date:     April 13, 2016                             |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Homeless children and youth:  local educational agency  
          liaisons:  training materials


            SUMMARY
          
          This bill requires the California Department of Education to  
          provide specified informational and training materials to local  
          educational agency (LEA) liaisons for homeless youth, and adopt  
          policies and practices to ensure that liaisons for homeless  
          youth participate in professional development and other  
          technical assistance programs.

            BACKGROUND
          
          Existing federal law, the McKinney-Vento Homeless Assistance  
          Act:

          1)   Defines "homeless children and youths" as children and  
               youths 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, § 11431, et  
               seq.)

          2)   Requires state educational agencies to ensure that homeless  
               children and youth have equal access to the same free  







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               public education as is provided to other children and  
               youth.  States are required to review and undertake steps  
               to revise any laws, regulations, practices, or policies  
               that may act as barriers to the enrollment, attendance, or  
               success in school of homeless children and youth.  (42, USC  
               § 11431, et seq.)

          3)   Requires each LEA to designate a staff person as a liaison  
               for homeless children and youth, and carry out specific  
               duties, such as ensuring immediate enrollment, access to  
               educational opportunities offered to other students,  
               referrals to appropriate services, and providing notice of  
               the rights of homeless youth.  
               (42, USC § 11432)

          4)   Effective July 1, 2016, as amended by the federal Every  
               Student Succeeds Act, requires state educational agencies  
               to develop professional development opportunities for LEA  
               liaisons other school personnel who provide services to 


               homeless youth to improve the identification of homeless  
               youth and heighten awareness of, and capacity to respond  
               to, specific needs in the education of homeless youth.   
               (42, USC § 11432)

          5)   Establishes general rights for homeless children and youth  
               as follows:

               a)        The choice of schools the youth is eligible to  
                    attend.

               b)        No homeless youth shall be required to attend a  
                    separate school.

               c)        Homeless youth shall be provided comparable  
                    services, including transportation services,  
                    educational services, and meals through school meal  
                    programs.

               d)        Homeless youth should not be stigmatized by  
                    school personnel.  
                    (42, USC § 111432)









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          6)   Existing federal law, the Every Student Succeeds Act:

               a)        Requires the state plan to describe how the state  
                    education agency will provide support to local  
                    educational agencies (LEA), and requires the LEA plan  
                    to describe the services that will be provided to  
                    support the enrollment, attendance, and success of  
                    homeless youth.

               b)        Requires states to report disaggregated  
                    achievement and graduation data for homeless youth.

               c)        Increases dedicated funding for LEAs for services  
                    to homeless youth.  
                    (United States Code, Title 20)

          Existing state law:

             1)   Requires an LEA liaison for homeless youth to ensure  
               that public notice of the educational rights of homeless  
               children and youths is disseminated in schools within the  
               liaison's LEA that provide services.  (Education Code §  
               48852.5)

             2)   Requires LEAs to allow a student who is homeless to  
               remain in his or her school of origin through the duration  
               in homelessness, and imposes requirements related to the  
               transition between grade levels.  (EC § 48852.7)

             3)   Establish homeless youth as a subgroup for purposes of,  
               among other things, accountability, local control and  
               accountability plans, renewal of charter schools, advice  
               and assistance by the California Collaborative for  
               Educational Excellence, and intervention by the  
               Superintendent of Public Instruction.  (EC § 52052, §  
               476607.3, § 52060, § 52066, § 52071,  § 52071.5, § 52072, §  
               52072.5)

            ANALYSIS
          
          This bill requires the California Department of Education to  
          provide specified informational and training materials to LEA  
          liaisons for homeless youth, and adopt 
          policies and practices to ensure that liaisons for homeless  








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          youth participate in professional development and other  
          technical assistance programs.  Specifically, this bill:

          1)   Requires the California Department of Education (CDE) to  
               provide informational materials to local educational agency  
               (LEA) liaisons for homeless children and youth regarding  
               the educational rights of homeless children and youth under  
               state and federal law, updates and changes to state and  
               federal law regarding the rights of homeless students, the  
               responsibilities of LEA liaisons relating to homeless  
               children and youth, and the resources available to schools  
               to assist homeless children and youth.

          2)   Requires the CDE to adopt policies and practices to ensure  
               that LEA liaisons for homeless children and youth  
               participate in professional development and other technical  
               assistance programs that are deemed appropriate by the  
               Superintendent of Public Instruction in accordance with the  
               federal Every Student Succeeds Act. 

          3)   Requires the CDE to provide training materials to LEA  
               liaisons for homeless children and youth to assist liaisons  
               with providing professional development and other support  
               to school personnel providing services pursuant to the  
               federal McKinney-Vento Homeless Assistance Act.

          4)   Provides that the training materials are intended to  
               support liaisons in meeting the requirements of the federal  
               Every Student Succeeds Act.

          5)   Authorizes the CDE to use and adapt informational and  
               training materials from state or national sources when  
               applicable and appropriate.

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author, "Federal law  
               requires LEAs to designate a homeless student liaison to  
               help identify these students and assist them in accessing  
               the rights and resources available to them by law.  Despite  
               the many responsibilities of these liaisons, California  
               does not provide a training program or instructional  
               materials that would help liaisons better assist their  
               students and train other staff on how to identify and help  








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               homeless students.  The federal Every Student Succeeds Act  
               now requires states to develop professional development  
               programs for liaisons, requires liaisons to participate in  
               professional development as well as train other school  
               personnel who provide services to homeless students.  While  
               these requirements are important, they also significantly  
               increase the workload of already strained staff who receive  
               little support from the state to help serve California's  
               over 300,000 homeless students.  SB 1068 seeks to address  
               these issues."

          2)   Services for homeless youth.  Existing law imposes general  
               requirements for services, such as the immediate enrollment  
               in school, access to educational opportunities offered to  
               other students, referrals to appropriate services, and  
               providing notice of the rights of homeless youth.  LEAs are  
               authorized to use dedicated federal funds to provide  
               tutoring or supplemental instruction, expedited evaluations  
               of needs, professional development for educators, early  
               education, and referral to other services.  This bill  
               requires the California Department of Education (CDE) to  
               provide informational materials to local educational agency  
               (LEA) liaisons for homeless youth regarding the educational  
               rights of homeless youth, updates and changes to state and  
               federal law regarding the rights of homeless students, the  
               responsibilities of LEA liaisons relating to homeless  
               youth, and the resources available to schools to assist  
               homeless children and youth.  This information is generally  
               available on the CDE's website, but in several different  
               locations; this bill requires CDE to provide all of the  
               information to liaisons, rather than relying upon liaisons  
               to gather the information themselves.

          3)   Professional development.  The recently reauthorized  
               federal Every Student Succeeds Act, among other things,  
               amended the federal McKinney-Vento Homeless Assistance Act  
               to require states to develop professional development  
               opportunities for LEA liaisons and other school personnel  
               who serve homeless youth.  This bill requires the CDE to  
               provide training materials to LEA liaisons for homeless  
               youth to assist liaisons with providing professional  
               development and other support to school personnel providing  
               services to homeless youth.  The CDE does not currently  
               directly provide training materials but provides links to  








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               related information on its website.

          4)   Prior legislation.  AB 951 (Medina, 2013) required school  
               districts that designate a liaison for homeless children  
               and youths, as required under the federal McKinney-Vento  
               Homeless Assistance Act, to ensure the liaison is properly  
               trained regarding the rights of these children to receive  
               educational services.  AB 951 was held in the Assembly  
               Appropriations Committee.

            SUPPORT
          
          California Coalition for Youth
          Los Angeles Unified School District
          National Association for the Education of Homeless Children and  
          Youth
          National Association of Social Workers, California Chapter

            OPPOSITION
           
           None received.

                                      -- END --