California 2021 2021-2022 Regular Session

California Assembly Bill AB408 Amended / Bill

Filed 01/03/2022

                    Amended IN  Assembly  January 03, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 408Introduced by Assembly Members Quirk-Silva and Luz RivasFebruary 03, 2021 An act to add Sections 48851.3 and 48852.3 to the Education Code, relating to homeless children and youths. LEGISLATIVE COUNSEL'S DIGESTAB 408, as amended, 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 liaisons 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 a local educational agency liaison for homeless children and youths and unaccompanied youths to provide training at least annually on designated subjects to its classified and certificated employees of the local educational agency who work with pupils, as specified. specified, and would further require the liaison to inform those employees of the availability of training and services the liaison provides to pupils who are experiencing, or are at risk of experiencing, homelessness. 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe 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 (a) As used in this section, liaison means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code.(b) A local educational agency shall do both of the following:(a)Establish 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(c) A liaison shall do both of the following: (1) Offer training to local educational agency 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)(A) The homeless education program policies established under subdivision (a). (b).(2)(B) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness.(2) Inform the employees described in paragraph (1) of the availability of training and the services the liaison provides to aid in the identification and provision of services to pupils who 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.

 Amended IN  Assembly  January 03, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 408Introduced by Assembly Members Quirk-Silva and Luz RivasFebruary 03, 2021 An act to add Sections 48851.3 and 48852.3 to the Education Code, relating to homeless children and youths. LEGISLATIVE COUNSEL'S DIGESTAB 408, as amended, 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 liaisons 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 a local educational agency liaison for homeless children and youths and unaccompanied youths to provide training at least annually on designated subjects to its classified and certificated employees of the local educational agency who work with pupils, as specified. specified, and would further require the liaison to inform those employees of the availability of training and services the liaison provides to pupils who are experiencing, or are at risk of experiencing, homelessness. 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Assembly  January 03, 2022

Amended IN  Assembly  January 03, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 408

Introduced by Assembly Members Quirk-Silva and Luz RivasFebruary 03, 2021

Introduced by Assembly Members Quirk-Silva and Luz Rivas
February 03, 2021

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

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 408, as amended, 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 liaisons 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 a local educational agency liaison for homeless children and youths and unaccompanied youths to provide training at least annually on designated subjects to its classified and certificated employees of the local educational agency who work with pupils, as specified. specified, and would further require the liaison to inform those employees of the availability of training and services the liaison provides to pupils who are experiencing, or are at risk of experiencing, homelessness. 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.

(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 liaisons 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 a local educational agency liaison for homeless children and youths and unaccompanied youths to provide training at least annually on designated subjects to its classified and certificated employees of the local educational agency who work with pupils, as specified. specified, and would further require the liaison to inform those employees of the availability of training and services the liaison provides to pupils who are experiencing, or are at risk of experiencing, homelessness.

 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.

## Digest Key

## Bill Text

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 (a) As used in this section, liaison means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code.(b) A local educational agency shall do both of the following:(a)Establish 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(c) A liaison shall do both of the following: (1) Offer training to local educational agency 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)(A) The homeless education program policies established under subdivision (a). (b).(2)(B) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness.(2) Inform the employees described in paragraph (1) of the availability of training and the services the liaison provides to aid in the identification and provision of services to pupils who 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.

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

## 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 (a) As used in this section, liaison means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code.(b) A local educational agency shall do both of the following:(a)Establish 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(c) A liaison shall do both of the following: (1) Offer training to local educational agency 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)(A) The homeless education program policies established under subdivision (a). (b).(2)(B) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness.(2) Inform the employees described in paragraph (1) of the availability of training and the services the liaison provides to aid in the identification and provision of services to pupils who are experiencing, or are at risk of experiencing, homelessness.

SECTION 1. Section 48851.3 is added to the Education Code, to read:

### SECTION 1.

48851.3. A local (a) As used in this section, liaison means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code.(b) A local educational agency shall do both of the following:(a)Establish 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(c) A liaison shall do both of the following: (1) Offer training to local educational agency 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)(A) The homeless education program policies established under subdivision (a). (b).(2)(B) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness.(2) Inform the employees described in paragraph (1) of the availability of training and the services the liaison provides to aid in the identification and provision of services to pupils who are experiencing, or are at risk of experiencing, homelessness.

48851.3. A local (a) As used in this section, liaison means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code.(b) A local educational agency shall do both of the following:(a)Establish 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(c) A liaison shall do both of the following: (1) Offer training to local educational agency 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)(A) The homeless education program policies established under subdivision (a). (b).(2)(B) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness.(2) Inform the employees described in paragraph (1) of the availability of training and the services the liaison provides to aid in the identification and provision of services to pupils who are experiencing, or are at risk of experiencing, homelessness.

48851.3. A local (a) As used in this section, liaison means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code.(b) A local educational agency shall do both of the following:(a)Establish 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(c) A liaison shall do both of the following: (1) Offer training to local educational agency 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)(A) The homeless education program policies established under subdivision (a). (b).(2)(B) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness.(2) Inform the employees described in paragraph (1) of the availability of training and the services the liaison provides to aid in the identification and provision of services to pupils who are experiencing, or are at risk of experiencing, homelessness.



48851.3. A local (a) As used in this section, liaison means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code.

(b) A local educational agency shall do both of the following:

(a)Establish 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



(c) A liaison shall do both of the following:

 (1) Offer training to local educational agency 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)



(A) The homeless education program policies established under subdivision (a). (b).

(2)



(B) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness.

(2) Inform the employees described in paragraph (1) of the availability of training and the services the liaison provides to aid in the identification and provision of services to pupils who 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. 2. Section 48852.3 is added to the Education Code, to read:

### SEC. 2.

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. 

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. 

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. 



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.

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.

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.

### SEC. 3.