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AB-3218 Homeless children and youths: reporting. (2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3218:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3218


Introduced by Assembly Member Quirk-Silva
(Principal coauthor: Assembly Member Luz Rivas)
(Coauthors: Assembly Members Chiu, McCarty, Ramos, and Salas)
(Coauthor: Senator Chang)

February 21, 2020


An act to add Sections 48851.3 and 48852.3 to the Education Code, relating to homeless children and youths.


LEGISLATIVE COUNSEL'S DIGEST


AB 3218, as introduced, Quirk-Silva. Homeless children and youths: reporting.
(1) 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 a state plan 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. Existing law requires a local educational agency liaison for homeless children and youths 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, as defined to include a school district, county office of education, charter school, or special education local plan area, to establish homeless education program policies that are consistent with specified state laws, and would further require the local educational agency to update these policies at intervals not exceeding 3 years. The bill would require local educational agencies to provide training at least annually on designated subjects to its classified and certificated employees who work with pupils, as specified.
By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
(2) Existing law requires the State Department of Education to provide, among other things, informational and training materials to local educational agency liaisons regarding the educational rights of homeless children and youths and the responsibilities of the liaisons.
This bill would require the department to develop and implement a plan for monitoring the compliance of local educational agencies with state laws relating to youth experiencing homelessness. The bill would require the monitoring plan to include reviews of the local educational agencies including, but not limited to, schoolsite inspections to ensure that the state is not underestimating the number of youth experiencing homelessness.
(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 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 48851.3 is added to the Education Code, to read:

48851.3.
 A local educational agency shall do both of the following:
(a) Establish homeless education program policies that are consistent with the provisions of this chapter. The local educational agency shall update these policies at intervals that shall not exceed three years.
(b) Ensure that its certificated and classified employees, including, but not limited to, teachers, support staff, and other school staff who work with pupils, receive training at least annually relating to both of the following:
(1) The homeless education program policies established under subdivision (a).
(2) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness.

SEC. 2.

 Section 48852.3 is added to the Education Code, to read:

48852.3.
 The department shall develop and implement a plan for monitoring the compliance of local educational agencies with this chapter. The implementation of this risk-based monitoring plan shall include reviews of the local educational agencies that shall include, but not be limited to, schoolsite inspections to ensure that the state is not underestimating the number of youth experiencing homelessness.

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.