BILL ANALYSIS                                                                                                                                                                                                    �






                                  SENATE HUMAN
                               SERVICES COMMITTEE
                            Senator Jim Beall, Chair


          BILL NO:       AB 2382                                      
          A
          AUTHOR:        Bradford                                     
          B
          VERSION:       May 6, 2014
          HEARING DATE:  June 24, 2014                                
          2
          FISCAL:        Yes                                          
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          8
          CONSULTANT:    Mareva Brown                                 
          2

                                        

                                     SUBJECT
                                         
                         CalWORKs: eligibility: truancy

                                     SUMMARY  

          This bill deletes the requirement that the aid to a family  
          be reduced if the county determines that an eligible child  
          younger than age 16 is not regularly attending school.  
          Instead, this bill it prohibits CalWORKs aid from being  
          paid for a child if the school district informs the county  
          that a child is not attending school, as specified, unless  
          one of several circumstances is present. This bill requires  
          that a child whose needs are excluded from computation of  
          the family's grant remain eligible for services that may  
          lead to school attendance. Additionally, this bill requires  
          the county to inform the family of a child aged 16 or older  
          who is not attending school how to enroll the child in a  
          continuation school and screen the family to determine its  
          eligibility for family stabilization services, as  
          specified. 

                                     ABSTRACT  


                                                         Continued---




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           Existing law:
           
          1)Establishes under federal law the Temporary Assistance  
            for Needy Families (TANF) program to provide aid and  
            welfare-to-work services to eligible families and, in  
            California, provides that TANF funds for welfare-to-work  
            services are administered through the CalWORKs program.   
            (42 U.S.C. 601 et seq., WIC 11200 et seq.) 

          2)Establishes income, asset and real property limits used  
            to determine eligibility for the program, including net  
            income below the Maximum Aid Payment (MAP), based on  
            family size and county of residence, which is  
            approximately 40 percent of the Federal Poverty Level.   
            (WIC 11450, 11150 et seq.)

          3)Establishes a 48-month lifetime limit of CalWORKs  
            benefits for eligible adults, including 24 months during  
            which a recipient must meet federal work requirements in  
            order to retain eligibility.  (WIC 11454, 11322.85)

          4)Requires all children in a CalWORKs assistance unit to  
            attend school, provided they are subject to the state  
            compulsory education requirement and are not eligible for  
            Cal-Learn.  (WIC 11253.5 (a))

          5)Exempts children under 16 years of age and any children  
            attending an elementary, secondary, vocational or  
            technical school on a full-time basis from participation  
            in CalWORKs welfare-to-work activities.  (WIC 11320.3  
            (b)) 

          6)Requires counties to inform CalWORKs applicants and  
            recipients of the school attendance requirement for  
            eligibility purposes, as specified. Requires a CalWORKs  
            recipient provide a county with documentation of regular  
            school attendance of all applicable children when  
            appropriate, as defined. (WIC 11253.5 (b), (c))

          7)Prohibits an aid payment for any adult in the assistance  
            unit if it is determined by the county that any eligible  
            child in the family under age 16 is not regularly  
            attending school, as required, or payment for an eligible  
            child who is 16 years or older who is not meeting the  
            attendance requirements, as specified, unless the county  





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            determines good cause exists.  (WIC 11235.5 (d) and (e))

          8)Requires each person between the ages of 6 and 18 years  
            to be subject to compulsory full-time education, as  
            specified, and attend a public full-time day school or  
            continuation school, and that each parent, or guardian,  
            as specified  ensure that pupil's enrollment and  
            attendance.  (EDC 48200)

          9)Defines a "truant" as any pupil subject to compulsory  
            full-time education or to compulsory continuation  
            education who is absent from school without a valid  
            excuse three full days in one school year or tardy or  
            absent for more than a 30-minute period during the school  
            day without a valid excuse, as specified, on three  
            occasions in one school year, and a "chronic truant" as a  
            pupil who is absent for 10 percent or more of the school  
            days in one year, as specified..  (EDC 48260 et seq.)

          10)Establishes a process for notifying a pupil's parent of  
            truancy and provides that, upon the fourth truancy  
            report, a pupil shall be within the jurisdiction of the  
            juvenile court, which may adjudge the pupil to be a ward  
            of the court.  (EDC 48260.5, 48264.5)

          11)Establishes that a parent or guardian of a pupil of aged  
            6 or older and in Kindergarten through 8th grade, whose  
            child is a chronic truant, and who has failed to  
            reasonably supervise and encourage the pupil's school  
            attendance, is guilty of a misdemeanor punishable by a  
            fine not exceeding $2,000, or by imprisonment in the  
            county jail not exceeding one year, or by both.  (PC  
            270.1)

           This bill:
           
             1)   Redefines the school attendance requirement for any  
               child in a CalWORKs assistance unit to mean children  
               who are 16 years of age or older and subject to  
               compulsory school attendance requirement, unless he or  
               she is eligible for Cal-Learn.

             2)   Eliminates the school attendance requirement,  
               solely for the purpose of determining CalWORKs  
               eligibility, for children in the assistance unit under  





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               16 years of age.

             3)   Adds to the requirement that a recipient provide  
               documentation of school attendance for their children,  
               the provision that documentation need not be provided  
               if there is good cause for the inability to secure  
               that documentation. 

             4)   Requires a county, upon notification that a child  
               over age 16 is not attending school, to inform the  
               family of how to enroll the child in a continuation  
               school within the county and screen the family to  
               determine eligibility for family stabilization  
               services, as defined. Requires the county to document  
               that the family was given this information and was  
               screened for those services.

             5)   Prohibits including a child's needs in a family's  
               grant calculation for any month in which the county is  
               informed by a school district or a county school  
               attendance review board that the child did not attend  
               school, as specified, unless one of the following  
               conditions is met:

                  a.        The county is provided with evidence that  
                    the child's attendance records are not available.
                  b.        The county is provided with evidence that  
                    the child has been attending school.
                  c.        Good cause for school nonparticipation  
                    exists at any time during the month.
                  d.        Any member of the household is eligible  
                    to participate in family stabilization, as  
                    defined.
                  e.        The county is provided with evidence that  
                    the child, parent, or caregiver is complying with  
                    requirements imposed by a school attendance  
                    review board, the county probation department, or  
                    the district attorney, as defined in Education  
                    code.
                  f.         A member of the household is cooperating  
                    with a plan developed by a county child welfare  
                    agency.

             6)   Requires that a child whose needs have not been  
               considered in calculating the family's benefit because  





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               of a lack of school attendance shall remain eligible  
               for CalWORKs benefits that may lead to attendance in  
               school.

             7)   Requires that for the purposes of this section, a  
               child shall be presumed to be attending school unless  
               he or she has been deemed a chronic truant.

                                  FISCAL IMPACT  

          An analysis prepared by the Assembly Appropriations  
          Committee estimated there would be ongoing costs of  
          approximately $4.5 million (TANF/GF) in increased CalWORKs  
          grant costs that would have otherwise been lost to families  
          due to truancy.  This assumes approximately 13,000 families  
          will receive an average of $366 over a three month period  
          as a result of removing the penalty. The analysis also  
          noted possible ongoing administrative efficiencies to the  
          extent there are fewer state hearings that would have  
          otherwise challenged the reduced grants.

                            BACKGROUND AND DISCUSSION  

           Purpose of the bill:
           
          According to the author, current law requires that a  
          financial penalty be exacted from families who rely on a  
          basic needs grant through the CalWORKs program when their  
          children are not regularly attending school. This financial  
          penalty is duplicative of the financial and penal code  
          penalties applied to all school children through the newly  
          implemented School Attendance Review Board (SARB) process  
          which applies to all students.  

          The author states that this double penalty may actually  
          contribute to increased absences because it makes poor  
          children even poorer and less able to overcome barriers  
          causing failure to participate in school in the first  
          place. While retaining the requirement that children attend  
          school, AB 2382 would end the truancy double penalty for  
          poor school children and their families and standardize the  
          definition of attendance to align with Education Code  
          Definitions, the author writes. The author further states  
          that while there is no evidence that financially penalizing  
          poor families is a successful strategy to reducing truancy  





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          rates, there is evidence to the contrary, that poverty is  
          the leading cause of truancy and that deepening poverty  
          does not resolve these problems.  

           CalWORKs
           
          The CalWORKs program provides a monthly cash benefit and  
          employment-related services aimed at moving children out of  
          poverty and helping families meet basic needs.  Funding for  
          the CalWORKs program is a combination of state general fund  
          dollars and a federal TANF grant.  According to recent data  
          from CDSS, 554,292 families rely on CalWORKs, including  
          more than 1 million children.  Nearly 80 percent of the  
          children are under age 12. The average monthly CalWORKs  
          cash grant for a family of three is $463, or $15.43 per day  
          to meet basic needs such as rent, clothing, utilities and  
          other necessities. A family of three receiving the average  
          grant amount would have an annual household income at  
          $5,556 per year -- about one quarter of the Federal Poverty  
          Guidelines level for the same size family of $19,790.   
           
          Poverty

           A survey by the National Poverty Center by researchers at  
          the University of Michigan and Harvard University released  
          in May 2013 documents a significant increase in deep  
          poverty among children in the United States. In mid-2011,  
          researchers found 1.65 million households with 3.55 million  
          children were living in extreme poverty in a given month.  
          This number represented 4.3 percent of non-elderly  
          households in the United States with children. The  
          prevalence of extreme poverty has risen sharply since 1996,  
          researchers found, and particularly among families impacted  
          by the 1996 welfare reform.

          Researchers noted that changes to public programs in the  
          past 15 years have impacted poor families. Today, a single  
          mother earning minimum wage and working an average of 25  
          hours a week likely would be in deep poverty, although the  
          effects to her and her children could be lessened by  










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          receipt of various public benefits.<1> This finding was  
          echoed in research that led to the U.S. Census Bureau's  
          development of the Supplemental Poverty Measure, an  
          informational tool which calculates poverty rates more  
          accurately throughout the country. 

          Other recent research has drawn strong correlations between  
          living in poverty and poor childhood outcomes such as  
          educational achievement, social adjustment and physical and  
          mental health. 
           
           Truancy
           
           According to a May 2013 article in the Journal of Poverty  
          and Public Policy, the many nuances of poverty's impact on  
          education underscore the reasons that low-income children  
          should not be financially sanctioned for not attending  
          school. 

               Children in low-income families that struggle  
               with housing, food, and clothing should not be  
               thrust into a truancy system that does not  
               account for these circumstances, which are  
               beyond the student's control. Substandard  
               housing conditions often contribute to a  
               student's health problems. Evictions disrupt a  
               family's razor-thin equilibrium, making school  
               attendance a lower priority. Although continued  
               schooling is governed by provisions of the  
               McKinney-Vento Act, homelessness similarly  
               disrupts a family's very existence. The same  
               holds true for food insecurity and the lack of  
               clean and well-fitting
               clothing, especially in school systems that require  
               school uniforms.<2>
           
           Proponents of this bill argue that levying a double-penalty  
          on poor families undermines the ability of children to  
          -------------------------
          <1> "Rising Extreme Poverty in the United States and the  
          Response of Federal Means-Tested Transfer Programs,"  
          Shaefer, Luke and Kathryn Edin, National Poverty Center,  
          May 2013, pg.6.
          <2> "No Child Left Behind? Representing Youth and Family in  
          Truancy Matters," Clearinghouse REVIEW Journal of Poverty  
          Law and Policy n November-December 2013




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          recover educationally from deep poverty. 

          SB 1317 (Leno) Chapter 647, Statutes of 2010 established  
          that a parent who fails to reasonably supervise and  
          encourage a pupil's required school attendance, after being  
          offered language-accessible services to address the pupil's  
          truancy, is guilty of a misdemeanor punishable by a fine  
          not exceeding $2,000, or by imprisonment in the county jail  
          not exceeding one year, or by both that fine and  
          imprisonment.  The bill defined a chronic truant as a pupil  
          who is required to attend school full-time and is absent  
          from school without a valid excuse for 10 percent or more  
          days within the school year.  

           Related legislation:

           AB 814 (Bradford) 2013 was substantially similar to this  
          bill and made potential modifications to a parent's  
          welfare-to-work plan prior to reducing a family's CalWORKs  
          grant.  It died on the Assembly Appropriations Suspense  
          File.

          AB 2616 (Carter) Chapter 432, Statutes of 2012 sought to  
          make truancy laws less punitive by redefining "valid  
          excuse" and amending other provisions related to procedures  
          following truancy reports.
          
          SB 1317 (Leno) Chapter 647, Statutes of 2010, created a new  
          misdemeanor for parents who fail to supervise and encourage  
          a pupil's school attendance.

           
                                    COMMENTS

           Families receiving CalWORKs aid must meet state compulsory  
          education requirements or face the loss of aid for the  
          child. If a child in a CalWORKs family younger than age 16  
          does not meet school attendance requirements the  
          responsible adult is eliminated from the family's grant  
          calculation, which is based on the number of people in a  
          household. If a child aged 16 or older fails to meet school  
          attendance requirements, the child's grant amount is  
          eliminated.  In both cases, the family's faces a double  
          penalty for truancy doesn't exist for any other group of  
          children. This bill would remove the penalty from the  





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          CalWORKs system, leaving the educational system to focus on  
          school truancy issues.
          
          
                                   PRIOR VOTES  

          Assembly Floor                66 - 2
          Assembly Appropriations            13 - 0
          Assembly Human Services       5 - 0


                                    POSITIONS  

          Support:       Western Center on Law and Poverty (Sponsor)
                         Advancement Project
                         California School-Based Health Alliance
                         Center for Law and Social Policy
                         Children's Defense Fund- California
                         Coalition of California Welfare Rights  
          Organizations
                         Greenlining Institute
                         JERICHO
                         Legal services for Prisoners with Children
                         National Association of Social Workers
                         9 to 5 California, National Association of  
                    Working Women
                         PolicyLink
                         Public Counsel
                         1 individual

          Oppose:   None received.



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