Homeless Education Legislation



Ed Code


Bill Number

AB 801

Success for Homeless Youth in Higher Education Act: College Priority Enrollment


EC § 66025.9,


69514.5, 69561,


  • 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 and community college counselors
    • May apportion funds for projects designed to increase accessibility of postsecondary educational opportunities for homeless youth
    • Provide fee waivers for homeless youth


Pupil Instruction & Services


EC § 48859 & 48852.7

  • 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
  • Right to remain in their high school thru graduation if they become permanently housed in grades 9-12

AB 1166

Graduation Exemption


EC § 51225.1

  • Right to remain in their high school thru graduation if they become permanently housed in grades 9-12
  • A student who qualifies for the exemption will continue to qualify even if the student is no longer in foster care or homeless

AB 97

SB 91


  • 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.

  • 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


Student Succeeds Act (ESSA)

of 2015

of the

Elementary and Secondary Education Act (ESEA)

July 1, 2016

  • 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