Bill Text: CA SB177 | 2013-2014 | Regular Session | Chaptered
Bill Title: Homeless Youth Education Success Act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-10-02 - Chaptered by Secretary of State. Chapter 491, Statutes of 2013. [SB177 Detail]
Download: California-2013-SB177-Chaptered.html
BILL NUMBER: SB 177 CHAPTERED
BILL TEXT
CHAPTER 491
FILED WITH SECRETARY OF STATE OCTOBER 2, 2013
APPROVED BY GOVERNOR OCTOBER 2, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN ASSEMBLY JUNE 19, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 11, 2013
INTRODUCED BY Senator Liu
(Coauthors: Senators Hancock and Wyland)
(Coauthor: Assembly Member Ammiano)
FEBRUARY 6, 2013
An act to amend Section 48850 of, and to add Section 48852.5 to,
the Education Code, relating to homeless children and youths.
LEGISLATIVE COUNSEL'S DIGEST
SB 177, Liu. Homeless Youth Education Success Act.
Existing law states the intent of the Legislature to ensure that
all pupils in foster care and those who are homeless, as defined,
have a meaningful opportunity to meet state pupil academic
achievement standards, and requires educators, juvenile courts, and
certain other persons to work together to, among other things, ensure
that each pupil has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. Existing law requires a foster child who changes residences
pursuant to a court order or decision of a child welfare worker to be
immediately deemed to meet all residency requirements for
participation in interscholastic sports or other extracurricular
activities.
This bill would require a homeless child or youth, as defined, to
also be immediately deemed to meet those residency requirements. The
bill would require public schools and county offices of education to
immediately enroll a homeless child or youth seeking enrollment,
except as provided, thereby imposing a state-mandated local program.
The bill would require the State Department of Education and the
State Department of Social Services to identify representatives from
their respective agencies and from other state agencies that have
experience in homeless youth issues to develop policies and practices
relating to homeless children and youths, as defined. The bill would
require the selected representatives to present the policies and
practices to the Superintendent of Public Instruction and the State
Department of Social Services to be considered for implementation or
dissemination, as appropriate.
The bill would require a local educational agency liaison for
homeless children and youths designated pursuant to federal law to
ensure that public notice of the educational rights of homeless
children and youths, as defined, is disseminated in schools within
the liaison's local educational agency that provide services pursuant
to specified federal law.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Homeless Youth Education Success Act.
SEC. 2. Section 48850 of the Education Code is amended to read:
48850. (a) (1) It is the intent of the Legislature to ensure that
all pupils in foster care and those who are homeless, as defined by
the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11301 et seq.), have a meaningful opportunity to meet the challenging
state pupil academic achievement standards to which all pupils are
held. In fulfilling their responsibilities to these pupils,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils, including, but not necessarily
limited to, interscholastic sports administered by the California
Interscholastic Federation. In all instances, educational and school
placement decisions shall be based on the best interests of the child
and shall consider, among other factors, educational stability and
the opportunity to be educated in the least restrictive educational
setting necessary to achieve academic progress.
(2) A foster child who changes residences pursuant to a court
order or decision of a child welfare worker or a homeless child or
youth shall be immediately deemed to meet all residency requirements
for participation in interscholastic sports or other extracurricular
activities.
(3) (A) Pursuant to the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. Sec. 11301 et seq.), public schools, including
charter schools, and county offices of education shall immediately
enroll a homeless child or youth seeking enrollment except where the
enrollment would be in conflict with subdivision (d) of Section
47605.
(B) The department and the State Department of Social Services
shall identify representatives from the department, the State
Department of Social Services, and other state agencies that have
experience in homeless youth issues to develop policies and practices
to support homeless children and youths and to ensure that child
abuse and neglect reporting requirements do not create barriers to
the school enrollment and attendance of homeless children or youths,
including, but not limited to, ensuring that a pupil who is a
homeless child or youth is not reported to law enforcement by school
personnel if the sole reason for the report is the pupil's
homelessness. The selected representatives shall present the policies
and practices to the Superintendent and the State Department of
Social Services to be considered for implementation or dissemination,
as appropriate.
(b) Every county office of education shall make available to
agencies that place children in licensed children's institutions
information on educational options for children residing in licensed
children's institutions within the jurisdiction of the county office
of education for use by the placing agencies in assisting parents and
foster children to choose educational placements.
(c) For purposes of individuals with exceptional needs residing in
licensed children's institutions, making a copy of the annual
service plan, prepared pursuant to subdivision (b) of Section 56205,
available to those special education local plan areas that have
revised their local plans pursuant to Section 56836.03 shall meet the
requirements of subdivision (b).
(d) For purposes of this section, "homeless child or youth" and
"homeless children and youths" are defined in Section 11434a(2) of
Title 42 of the United States Code.
SEC. 3. Section 48852.5 is added to the Education Code, to read:
48852.5. (a) Pursuant to the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.), a local educational
agency liaison for homeless children and youths designated pursuant
to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code,
shall ensure that public notice of the educational rights of homeless
children and youths is disseminated in schools within the liaison's
local educational agency that provide services pursuant to the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.).
(b) For purposes of this section, "homeless children and youths"
is defined in Section 11434a(2) of Title 42 of the United States
Code.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
