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Homeless Education Legislation
Bill Number & Education Code Category Effective Purpose
McKinney-Vento Homeless Assistance Act 42 U.S.C. § 11431-11435 Title VII, Subtitle B NCLB-Title X, Part C Education for Homeless Children & Youth 1987 & Reauthorized and effective Jan. 2002 under NCLB Act
  • Federal legislation dealing with the education of children and youth in homeless situations
  • Key themes
    • School Access
    • School Stability
    • Support for Educational Success
    • Child-Centered Decision Making
  • Key Provisions
    • Immediate Enrollment
    • Remain in School of Origin
    • Transportation to/from school of origin
    • District Education Liaisons
    • Access to School Programs
SB 177 EC § 48850, 48852.5 Homeless Youth Education Success Act 1/1/2014
  • Requires the immediate enrollment of homeless children and youth
  • Deems homeless students to meet residency requirements for interscholastic sports, immediately upon enrollment
  • Requires the California Department of Education and the Department of Social Services to:
    1. Organize an inter-agency work group
    2. Develop policies and practices to support homeless children and youth
    3. Ensure that child abuse and neglect report requirements do not create barriers
  • Requires local educational agency (LEA) homeless liaisons to ensure public notice of the educational rights of homeless children and youth are distributed in schools
AB 1068 EC § 49073, 49076 Pupil Records 1/1/2014
  • Gives unaccompanied youth age 14 and over the right to access and consent to disclose their school records
  • Extends these rights to care givers who enroll students in school using California’s caregiver authorization affidavit
  • Prevents schools from releasing directory information of students experiencing homelessness, unless a parent expressly consents. This would include name, address, phone number, e-mail, and photographs
AB 309 WIC § 18904.25 CalFresh Supplemental Nutrition Assistance Program (SNAP) 1/1/2014
  • Clarifies there is no minimumage requirement for unaccompanied homeless youth to apply
  • Requires County Welfare Departments (who process CalFresh applications) to:
    1. Clarify that there is no minimum age requirement for unaccompanied homeless youth to apply
    2. Promote awareness of CalFresh expedited services to homeless population by ensuring LEA liaisons and homeless shelter operators receive training about CalFresh services
    3. Individually evaluate and screen unaccompanied youth’s CalFresh application to determine if the youth is a household of one or must apply with a household with whom the youth is regularly purchasing and preparing foods
    4. Provide a written explanation if the benefit CalFresh application is denied
AB652 Penal Code § 11165.15 Child Abuse and Neglect Reporting Act 1/1/2014
  • Clarifies the fact that a child/youth is homeless or classified as an unaccompanied minor, is not in and of itself, a sufficient basis reporting child abuse or neglect as defined by McKinney-Vento
AB 1006 WIC § Chapter 269, Section 781 Juvenile Court Records 1/1/2014
  • Gives youth with minor offenses a way to have their records sealed once they turn 18
  • Requires courts and probation departments to provide youth with:
    1. Informational materials and standard form to petition to seal their records
Bill Number & Education Code Category Effective Purpose
AB 1806 EC § 48915.5, 48918.1, 51225.1, 51225.2 Discipline, Graduation Requirements, Partial Credits 1/1/2015
  • Requires each LEA to notify the LEA’s liaison for homeless children and youth of a manifestation determination meeting, a suspension hearing, or an expulsion hearing of a homeless youth
  • Exempts homeless pupil from completing graduation requirements in excess of the state graduation requirements if the homeless pupil transfers after his or her 2nd year of high school, and requires, if a homeless pupil transfers schools, the LEA to award partial or full credit, as specified, for courses completed at the pupil’s previous schools
AB 1733 Health & Safety Code § 103577 Free Birth Records 7/1/2015
  • Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who can verify his or her status as a homeless person or a homeless child or youth. A homeless service provider (including a local educational agency liaison for homeless children and youth) who has knowledge of a person’s housing status shall verify a person’s status for the purposes of this subdivision. AB2490 amended this to require, without a fee, issuance of up to three copies of a certified record of live birth for a homeless child or youth
AB 2490 Vehicle Code §14902 Free CA ID 9/19/2018
  • On and after January 1, 2016, a fee shall not be charged for an original or replacement identification card issued to any person who can verify his or her status as a homeless person or homeless child or youth. A homeless service provider (including a local educational agency liaison for homeless children and youth) that has knowledge of a person’s housing status shall verify a person’s status for the purposes of this subdivision
AB 982 EC § 8263 Child Care and Development 10/7/2015
  • Prioritizes homeless families for enrollment in subsidized child care
  • Expands the types of agencies that can verify that a family is homeless for purposes of eligibility to include LEA Homeless Liaisons
AB 288 EC § 76004 College & Career Access Pathways Partnerships 10/8/2015
  • Authorizes community college and school districts to enter into a College & Career Access Pathways Partnership with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping pupils achieve college and career readiness
AB379 EC § 48853, 48853.5, 49069.5, 51225.1 & 51225.2 Complaint of Noncompliance 10/11/2015
  • Allows a student in foster care or one who is homeless to enforce their educational rights through the State’s Uniform Complaint Procedure
  • Requires these rights to be included in the Annual Notification
SB 277 Health & Safety Code § 120325 Public Health: Vaccinations 1/1/2016
  • Exemptions from immunizations for medical reasons only. Eliminates exemptions based upon personal beliefs. NOTE: Foster & Homeless Youth are still guaranteed the right to enroll without proof of immunization. Best practices is to enroll immediately and then assist families in getting immunization so there is no disruption in their schooling because of immunizations
SB 252 EC § 48412, 51421, & 51421.5 High School Proficiency Exam Fees 1/1/2016
  • Waives high school proficiency exam fees (GED, CHSPE), which can cost up to $200. Removes this financial barrier for homeless students
AB 1228 EC § 66019.3, 76010, 90001.5 92660 College Priority Housing 1/1/2016
  • Establishing priority for campus housing at CA Community Colleges, CSU, and UC campuses
  • Requires CSU and UC to develop plans that make on-campus housing accessible to homeless and foster youth during breaks
AB 1166 EC § 51225.1 Graduation Exemption 1/1/2016
  • If the district fails to provide timely notification of exemption from local graduation requirements, the student is declared eligible for the exemption.
  • A student who qualifies for the exemption will continue to qualify even if the student is no longer in foster care or homeless
SB445 EC § 48859 & 48852.7 Pupil Instruction & Services 1/1/2016
  • Right to continue in the school and district of origin through the duration of homelessness including matriculation in the district-of-origin feeder patterns. If the school designated for matriculation is in another district the student may attend the designated school.
Bill Number & Education Code Category Effective Purpose
SB445 EC § 48859 & 48852.7 (continued) Pupil Instruction & Services 1/1/2016
  • Right to remain in their highschool through graduation if they become permanently housed in grades 9-12
AB 801 EC § 66025.9, 67003.5, 69514.5, 69561, 76300 Success for Homeless Youth in Higher Education Act: College Priority Enrollment 9/21/2016 Requires California State University & each community college district & requests University of California:
  • Grants priority enrollment to a foster youth, former foster youth,or homeless youth until January 1, 2020
  • Designate a Homeless and Foster Student Liaison
  • Provide financial aid training to high school andc ommunity college counselors
  • May apportion funds for projects designed to increase accessibility of post secondary educational opportunities for homeless youth
  • Provide fee waivers for homeless youth
AB 97/SB 91 LCAP 2015-16
  • In California, school districts are expected to show how the needs of homeless students are being addressed in districts’ Local Control and Accountability Plans. A LCAP is a three-year plan that shows how districts plan to spend state funds to improve student achievement, with particular attention to high-needs students—foster and homeless youth, low income students and English learners. The plans are updated annually with input from the community
Every Student Succeeds Act (ESSA) of 2015 Reauthorization of the Elementary and Secondary Education Act (ESEA) July 1, 2016 Federal Legislation dealing with the education of children and youth in homeless situations
Key Amendments to the education subtitle of the McKinney-Vento Act (not an exhaustive list):
School Stability
  • Make a best interest determination, with a presumption that staying in the school of origin is in the child’s best interest, unless it is against the wishes of the parent, guardian, or unaccompanied youth
  • Consider student-centered factors related to the child’s best interest, including factors related to the impact of mobility on achievement, education, health and safety on the child and giving priority to parent/UY wishes
School of Origin
  • Includes the designated receiving school at the next grade level for all feeder schools
  • Includes preschool
  • Transportation to/from school of origin provided until the end of the school year if child becomes permanently housed any time during the school year
Immediate Enrollment
  • Even if child missed application or enrollment deadlines during any period of homelessness
  • Policies to remove barriers due to fees, fines and absences
Credit Accrual, Full Participation, and College Readiness
  • Remove barriers that prevent youth from receiving appropriate credit for full or partial coursework satisfactorily completed
  • Opportunities to meet the same State academic achievement standards as other children
  • Assistance from school counselors to advise,prepare and improve readiness for college
  • Inform Unaccompanied Homeless Youth of their status as independent students for college financial aid
Preschool
  • Ensure homeless children have access to public preschool programs, administered by the districts
  • Access to Early Intervention services for students with disabilities
Bill Number & Education Code Category Effective Purpose
Every Student Succeeds Act (ESSA) of 2015 (continued) Reauthorization of the Elementary and Secondary Education Act (ESEA) July 1, 2016 Privacy
  • Schools must treat information about a homeless child’s or youth living situation as a student education record, subject to protections of the Family Educational Rights and Privacy Act (FERPA)
Local liaisons are authorized to affirm whether children meet the HUD definition of homelessness to qualify them for HUD homeless assistance programs
  • Local liaisons are authorized to affirm whether children meet the HUD definition of homelessness to qualify them for HUD homeless assistance programs
Liaisons must refer homeless families and students toh ousing services
AB 1567 EC § 8482.6, 8483, 8483.1, 8483.95 After School Education and Safety Program July 1, 2017
  • Gives priority enrollment in after-school and before-school programs to pupils who are identified by the program as homeless youth or in foster care.
  • Requires the program to inform the parent or care giver of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment
  • Prohibits charging a fee to a family of a pupil who is identified as homeless or in foster care
SCR Senate Concurrent Resolution California Runaway and Homeless Youth Prevention Month Resoultion is Proposed each year
  • Designates the month of November as California Runaway and Homeless Youth Prevention Month and recovgnizes the need for individuals, schools, communities, business, local government, and the state to take action on behalf of runaway and homeless youth in California
AB 806 Amends EC § 66025.9, 67003.5, 69514.5, 69561, & 76300 College Priority Enrollment 7-31-19
  • Removes the end date and extends the provision for priority enrollment indefinitely
  • Adds former homeless youth (a student under 25 years of age,who has been verified at any time during the 24 months immediately preceding the receipt of the youth’s application for admission by a postsecondary educational institution) to the list of students:
    • Granted,or requested to be granted, priority enrollment
    • Whom a Homeless and Foster Student Liaison (within the financial aid office or another appropriate office or department) works with
    • Served by the Community College Student Financial Aid Out reach Program and the Student Opportunity and Access Program
    • Eligible for a fee waiver for the enrollment fee of $46 per unit per semester
AB 27 EC § 48851, 48852.5, 48852.6, 48857, 48859 Homeless Identification 9-30-21
  • Local Educational Agency(LEA)to ensure that each school identifies homeless children and youths and unaccompanied youths, as defined, enrolled at school.
  • Also requires LEAs receiving designated federal funds to administer a housing questionnaire annually, as specified, for purposes of identifying students.
SB 400 EC § 48851.5, 48852.5 Training for School Personnel on Homelessness 11-18-21
  • Requires aliaison for homeless children and youths of a Local Educational Agency (LEA), as defined to include a school district, county office of education, charter school, or special education local plan area, to ensure the identification by school personnel of those children and youths through outreach and coordination activities with other organizations and the referral of services to homeless families, children, and youth.
  • Requires LEAs to provide federally required training to school personnel providing services to youth experiencing homelessness at least annually.

Disclaimer: Recommendation to consult with legal counsel to determine how this document may apply to your specific facts and circumstances

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