Bill Text: CA SB177 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

BILL NUMBER: SB 177	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Liu
   (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, as introduced, 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,
thereby imposing a state-mandated local program. The bill would
require the State Department of Education and the Department of
Social Services to convene a workgroup to accomplish specified
objectives relating to homeless children and youth, as defined.
   The bill would, if a local educational agency designates a local
educational liaison for homeless children and youth pursuant to
specified federal law, require the liaison 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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  must   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) Public schools, including charter schools, and county
offices of education shall immediately enroll a homeless child or
youth seeking enrollment.  
   (B) The department and the Department of Social Services shall
convene a workgroup to adopt 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 youth, 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. 
   (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 111434a(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) If a local educational agency designates a local
educational agency liaison for homeless children and youths pursuant
to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code,
that local educational agency liaison 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.