Bill Text: CA SB445 | 2015-2016 | Regular Session | Chaptered
Bill Title: Pupil instruction and services: homeless children: foster children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-09-09 - Chaptered by Secretary of State. Chapter 289, Statutes of 2015. [SB445 Detail]
Download: California-2015-SB445-Chaptered.html
BILL NUMBER: SB 445 CHAPTERED
BILL TEXT
CHAPTER 289
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2015
APPROVED BY GOVERNOR SEPTEMBER 9, 2015
PASSED THE SENATE AUGUST 27, 2015
PASSED THE ASSEMBLY AUGUST 20, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN SENATE APRIL 15, 2015
INTRODUCED BY Senator Liu
FEBRUARY 25, 2015
An act to amend Section 48859 of, and to add Section 48852.7 to,
the Education Code, relating to pupil instruction and services.
LEGISLATIVE COUNSEL'S DIGEST
SB 445, Liu. Pupil instruction and services: homeless children:
foster children.
(1) The federal McKinney-Vento Homeless Assistance Act sets forth
specified requirements relating to the education of homeless
children and youth, as defined. Under existing state law, a local
educational agency liaison for homeless children and youth 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, as specified.
This bill would require a local educational agency serving a
homeless child, once a child becomes a homeless child, to allow the
homeless child to continue his or her education in the school of
origin through the duration of the homelessness, and would set forth
related requirements governing the enrollment of homeless children.
By imposing additional duties on local educational agencies, the bill
would impose a state-mandated local program.
(2) Existing law requires a pupil placed in a licensed children's
institution or foster family home to attend programs operated by the
local educational agency, unless one of certain circumstances
applies. Existing law requires each local educational agency to
designate a staff person as the educational liaison for foster
children, as defined. Existing law requires the educational liaison
for foster children to ensure and facilitate the proper educational
placement, enrollment in school, and checkout from school of foster
children, and to assist foster children when transferring from one
school to another school or from one school district to another
school district in ensuring the proper transfer of credits, records,
and grades. Existing law defines a local educational agency for
purposes of these provisions, the provisions above relating to
homeless children and youth, and other related provisions to include
a school district, a county office of education, a charter school
participating as a member of a special education local plan area, or
a special education local plan area.
This bill would revise the definition of a local educational
agency for purposes of those provisions to include all charter
schools. To the extent this would impose additional duties on charter
schools, the bill would impose a state-mandated local program.
(3) 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. Section 48852.7 is added to the Education Code, to
read:
48852.7. (a) At the point of any change or any subsequent change
in residence once a child becomes a homeless child, the local
educational agency serving the homeless child shall allow the
homeless child to continue his or her education in the school of
origin through the duration of homelessness.
(b) If the homeless child's status changes before the end of the
academic year so that he or she is no longer homeless, either of the
following apply:
(1) If the homeless child is in high school, the local educational
agency shall allow the formerly homeless child to continue his or
her education in the school of origin through graduation.
(2) If the homeless child is in kindergarten or any of grades 1 to
8, inclusive, the local educational agency shall allow the formerly
homeless child to continue his or her education in the school of
origin through the duration of the academic school year.
(c) To ensure that the homeless child has the benefit of
matriculating with his or her peers in accordance with the
established feeder patterns of school districts, the following apply:
(1) If the homeless child is transitioning between school grade
levels, the local educational agency shall allow the homeless child
to continue in the school district of origin in the same attendance
area.
(2) If the homeless child is transitioning to a middle school or
high school, and the school designated for matriculation is in
another school district, the local educational agency shall allow the
homeless child to continue to the school designated for
matriculation in that school district.
(3) The new school shall immediately enroll the homeless child
even if the child has outstanding fees, fines, textbooks, or other
items or moneys due to the school last attended or is unable to
produce clothing or records normally required for enrollment, such as
previous academic records, medical records, including, but not
limited to, records or other proof of immunization history pursuant
to Chapter 1 (commencing with Section 120325) of Part 2 of Division
105 of the Health and Safety Code, proof of residency, other
documentation, or school uniforms.
(d) It is the intent of the Legislature that this section shall
not supersede or exceed other laws governing special education
services for eligible homeless children.
(e) (1) The federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11301 et seq.) shall govern the procedures for
transportation and dispute resolution with respect to homeless
children and school of origin.
(2) This section does not require a school district to provide
transportation to a former homeless child who has an individualized
education program that does not require transportation as a related
service and who changes residence but remains in his or her school of
origin pursuant to this section, unless the individualized education
program team determines that transportation is a necessary related
service, or the federal McKinney-Vento Homeless Assistance Act
requires transportation to be provided.
(3) This section does not require a school district to provide
transportation services to allow a homeless child to attend a school
or school district, unless otherwise required under the federal
McKinney-Vento Homeless Assistance Act or other federal law. A school
district may, at its discretion, provide transportation services to
allow a homeless child to attend a school or school district.
(f) For purposes of this section, the following definitions apply:
(1) "Homeless child" has the same meaning as in Section 11434a(2)
of Title 42 of the United States Code.
(2) "School of origin" means the school that the homeless child
attended when permanently housed or the school in which the homeless
child was last enrolled. If the school the homeless child attended
when permanently housed is different from the school in which the
homeless child was last enrolled, or if there is some other school
that the homeless child attended with which the homeless child is
connected and that the homeless child attended within the immediately
preceding 15 months, the educational liaison, in consultation with,
and with the agreement of, the homeless child and the person holding
the right to make educational decisions for the homeless child, shall
determine, in the best interests of the homeless child, the school
that shall be deemed the school of origin.
SEC. 2. Section 48859 of the Education Code is amended to read:
48859. For purposes of this chapter, the following terms have the
following meanings:
(a) "County placing agency" means the county social services
department or county probation department.
(b) "Educational authority" means an entity designated to
represent the interests of a child for educational and related
services.
(c) "Local educational agency" means a school district, a county
office of education, a charter school, or a special education local
plan area.
SEC. 3. 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.
