Bill Text: CA AB16 | 2019-2020 | Regular Session | Amended

California Assembly Bill 16 (Prior Session Legislation)

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

Bill Title: Homeless children and youths: reporting.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB16 Detail]

Download: California-2019-AB16-Amended.html

Amended IN Assembly April 04, 2019

Amended IN Assembly March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 16

Introduced by Assembly Member Luz Rivas
(Coauthors: Assembly Members Boerner Horvath and Ramos)

December 03, 2018

An act to add Sections 48851, 48851.5, and 48857 to the Education Code, relating to homeless children and youths.

LEGISLATIVE COUNSEL'S DIGEST

AB 16, as amended, Luz Rivas. Homeless children and youths: reporting.

Existing federal law, the McKinney-Vento Homeless Assistance Act, provides grants to states to carry out activities relating to the education of homeless children and youths, as defined, including, among others, providing services and activities to improve the identification of homeless children and youths and to enable them to enroll in, attend, and succeed in school. The act requires the state plans submitted for the receipt of the grant to include assurances that local educational agencies will designate an appropriate staff person to act as a local educational agency liaison for homeless children and youths and a description of how the state will ensure that local educational agencies and their liaisons will comply with specified requirements of the act, including the identification of homeless children and youths.

Under existing state law, public schools, including charter schools, and county offices of education are required to immediately enroll a homeless child or youth seeking enrollment, except as specified, and a local educational agency liaison for homeless children and youths is required to 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 act.

This bill would require a local educational agency to ensure that each school within the local educational agency identifies all homeless children and youths enrolled at the school, and would also require the local educational agency to annually report to the department the number of homeless children and youths enrolled. The bill would require that an intake form used to identify a child as homeless include a statement that a child will not be removed from the child’s family solely because the child’s family is experiencing homeless. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The bill, upon appropriation by the Legislature for this purpose, would establish in the department three state coordinator ~~positions~~ positions, in addition to the state coordinator positions maintained in the department as of January 1, 2019, with duties ~~and powers in specified subject areas, including in the area of coordination, collaboration, and outcomes relating to serving pupils who are experiencing homelessness.~~ including, at a minimum, those listed for the Coordinator for Education of Homeless Children and Youths pursuant to the federal act. The bill would require the department, upon appropriation by the Legislature, to allocate $500,000 each to 3 county offices of education in different regions throughout the state for the purpose of establishing technical assistance centers to foster relationships with community partners and other local educational agencies in each region, as provided. The bill would require the department to determine which county offices of education to allocate those funds to through a competitive process, as provided, and to take into account geographic diversity and concentrations of homeless children and youths.

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 the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 48851 is added to the Education Code, to read:

48851.

(a) A As required pursuant to Section 11432(g)(6)(A)(i) of Title 42 of the United States Code, a local educational agency shall ensure that each school within the local educational agency identifies all homeless children and youths enrolled at the school. The local educational agency shall annually report to the department the number of homeless children and youths enrolled.

(b) An intake form used to identify a child as homeless shall include a statement that a child will not be removed from the child’s family solely because the child’s family is experiencing homelessness.

SEC. 2.

Section 48851.5 is added to the Education Code, to read:

48851.5.

Upon appropriation by the Legislature for this purpose, there shall be established in the department three state coordinator ~~positions~~ positions, in addition to the state coordinator positions maintained in the department as of January 1, 2019, with duties ~~and powers in subject areas,~~ including, ~~but not limited to, each of the following:~~ at a minimum, those listed for the Coordinator for Education of Homeless Children and Youths pursuant to Section 11432(f) of Title 42 of the United States Code.

~~(a)Coordination, collaboration, and outcomes relating to serving pupils who are experiencing homelessness.~~
~~(b)Researching, tracking, and serving children experiencing homelessness from birth to entrance into college or a career.~~
(c)Providing technical assistance and professional development to help local educational agencies properly identify and enroll pupils who are experiencing homelessness. Technical assistance provided by a state coordinator pursuant to this subdivision shall be provided in compliance with California’s system of support to local educational agencies, as determined by the department.

SEC. 3.

Section 48857 is added to the Education Code, to read:

48857.

(a) Upon appropriation by the Legislature, the department shall allocate five hundred thousand dollars ($500,000) each to three county offices of education in different regions throughout the state for the purpose of establishing technical assistance centers to foster relationships ~~with~~ between community partners and ~~other~~ local educational agencies in each region. The department shall determine which county offices of education will be designated technical assistance centers through a competitive process that provides each county office of education with the opportunity to apply to become a technical assistance center. In making this determination, the department shall take into account geographic diversity and concentrations of homeless children and youths.

(b) The responsibilities of a technical assistance center established pursuant to subdivision (a) may include, but are not limited to, all of the following:

(1) Creating, and facilitating the implementation of, training materials that outline the needs and challenges of, and barriers facing, homeless children and youths and their families.

(2) Developing and disseminating best practices for small, midsize, and large counties to support the educational progress and academic outcomes of homeless children and youths.

(3) Assisting counties and local educational agencies in the process of ensuring ~~the~~ accuracy ~~of data~~ in the identification of homeless children and youths in local pupil information systems and using this data to report educational outcomes for homeless children and youths who receive support services.

(c) Technical assistance provided by a technical assistance center pursuant to this section shall be ~~subject to the same requirements imposed on a county superintendent of schools pursuant to subdivision (c) of Section 52071.~~ provided consistent with the statewide system of support established pursuant to Section 52059.5.

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.