EDUCATION OF HOMELESS CHILDREN AND YOUTH

AB 1806: Graduation Requirements, Partial Credits and Potential Expulsions

Adapted from NAEHCY Presentation 2017

Assembly Bill 1806

•  Passed September 2014, went into effect January 2015.

•  Notice of potential expulsions

•  Partial credits

•  Graduation requirements

Definition of “homeless child or youth”

•  McKinney-Vento Education definition (lack a fixed, regular and adequate nighttime residence):

•  Sharing the housing of others due to loss of housing, economic hardship, or a similar reason;

•  Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations;

•  Living in emergency or transitional shelters; •  Living in a public or private place not designed for humans to live; cars, parks,

abandoned buildings, substandard housing, bus or train stations, or similar settings.

Definition of “homeless child or youth”

•  There is no age limit in the McKinney-Vento Act or the CA Education Code.

•  Students experiencing homelessness remain eligible for protections for as long as they are eligible for public education in CA.

AB 1806: Notice of Potential Expulsions, Part 1

1.  If a homeless student with special needs, AND

2.  LEA proposes a change in placement (expulsion),

3.  Which is at the principal’s or superintendent’s discretion, THEN:

•  Liaison must be invited to participate in the IEP team meeting that decides on the expulsion (manifestation determination).

§  Can be invited via email, phone, or most cost-effective means.

AB 1806: Notice of Potential Expulsions, Part 2

1.  For any homeless student, AND

2.  LEA proposes an expulsion,

3.  Which is discretionary, THEN:

•  Liaison must be notified of the expulsion hearing at least 10 days before the hearing date.

§  Can be invited via email, phone, or most cost-effective means.

AB 1806: Notice of Potential Expulsions, Part 3

1.  For any homeless student, AND

2.  LEA proposes an expulsion,

3.  Which is required, THEN:

•  Liaison may be notified of the expulsion hearing at least 10 days before the hearing date

§  Can be invited via email, phone, or most cost-effective means.

AB 1806: Partial Credits

•  The CA Education Code has included partial credit provisions since AB 490 was passed in 2004.

•  “Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency.” Educ. Code section 48645.5.

AB 1806: Partial Credits (cont.)

•  Meant to eliminate on-going confusion about partial credits for students not in foster care, and inconsistency between Ed. Code sections 48645.5 and 51225.2.

•  AB 1806 amends Ed. Code 51225.2, adding homeless students to its provisions.

AB 1806: Partial Credits (cont.)

•  School districts and county offices of education shall: §  Accept coursework satisfactorily completed by homeless students while attending

another public school, juvenile court school, or nonpublic, nonsectarian school, even if the pupil did not complete the entire course; AND

§  Issue full or partial credit for the coursework completed; AND

§  Enroll the student in the same or equivalent course, if applicable, so the student may continue and complete the entire course.

AB 1806: Partial Credits (cont.)

•  School districts and county offices of education shall not: §  Require homeless students to retake a course if the student has satisfactorily completed

the entire course.

§  Require homeless students to retake the part of a course the student has completed, unless the district or COE, in consultation with the holder of educational rights for the students, finds the student is reasonably able to complete the requirements in time to graduate from high school.

AB 1806: Implementation Who is the “educational rights holder” for an

unaccompanied homeless student? •  AB 1806 references the McKinney-Vento Act: Who makes decisions for the student under the McKinney-

Vento Act? §  Who enrolled the student?

•  Very often will be the student herself/himself.

•  Could be a caregiver, especially when the caregiver enrolled the student using the caregiver’s affidavit.

•  Occasionally, the parent may have conferred educational rights on someone via a power of attorney.

•  Consulting the liaison is an excellent practice!

•  Unaccompanied youth generally do not have child welfare caseworkers. §  If there is a caseworker, the school may need to consult them.

AB 1806: Graduation Requirements

•  Designed to limit the impact of mobility during high school on graduation §  Research shows that students who change high schools even once are less than half as

likely as stable students to graduate from high school, even controlling for other factors that influence high school completion.

§  (Policy Analysis for California Education. “The Educational Consequences of Mobility for California Students and Schools.” 1 PACE Policy Brief 1 (May 1999) (www-gse.Berkeley.edu/research/PACE/pace.html)).

AB 1806: Graduation Requirements

•  A school district shall exempt: §  a pupil who is a homeless child or youth,

§  who transfers between schools any time after the completion of the pupil’s second year of high school,

•  from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements,

•  unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.

AB 1806: Graduation Requirements “A pupil who is a homeless child or youth”

•  “Homeless” uses McKinney-Vento definition, without an age limit.

•  “Is” and “transfers” = present tense.

§  The student must meet the definition of homeless at the time the student transfers between schools.

AB 1806: Graduation Requirements (cont.)

•  If a student is now housed, but was homeless and transferred schools after completing the second year of high school, the student is eligible for the exemption.

•  If a student was homeless and eligible for the exemption but declined it, and later, while still homeless, decides to accept the exemption, the student will still qualify for it.

•  If a student was homeless and eligible for the exemption but declined it, and later becomes housed and wants the exemption, the student no longer qualifies for it because the student no longer “is” a homeless student.

•  Once a homeless student is granted the exemption, the school has to continue to apply the exemption even if the student becomes housed.

Pop Quiz: “A pupil who is a homeless child or youth”

•  Student loses housing due to an eviction and is identified as homeless. Student is in her third year of high school and transfers to the new school due to homelessness. She has a limited amount of credits, and would not be able to graduate in four years. The student regains permanent housing within one month of transferring

•  Does the student still qualify for the AB 1806 now that she is housed?

Pop Quiz: “A pupil who is a homeless child or youth

•  Does the student still qualify for AB 1806 now that she is housed? Yes. §  She was homeless and transferred schools after completing her second year of high

school.

§  Once a homeless student is granted the exemption, it continues to apply even if the student becomes housed.

AB 1806: Graduation Requirement Notice

•  Within 30 calendar days of the transfer date of a homeless student who may qualify for the exemption, the school district shall notify the student, the educational decision-maker, and the liaison of the availability of the exemption and whether the pupil qualifies for an exemption.

•  If the student wasn’t told about the exemption when the student was homeless, then the student can still be eligible even after the student is permanently housed.

•  AB 1166 clarifies this.

AB 1806: Graduation Requirements “who transfers between schools any time after

the completion of the pupil’s second year of high school”

•  Either (a) the number of credits the pupil ha earned to the date of transfer, or (b) the length of the pupil’s school enrollment may be used;

•  Whichever will qualify the pupil for the exemption.

Pop Quiz: “who transfers between schools any time after the completion of the pupil’s second year of high school”

•  Does AB 1806 apply to a homeless youth transferring to a new school during his 10th grade summer?

Pop Quiz: “who transfers between schools any time after the completion of the pupil’s second year of high school”

•  In most cases, a student is an 11th grader from the moment he/she has sufficient credits to qualify as such. If this occurs before or during the summer after their 10th grade year, then the student will be eligible at that time.

AB 1806: Graduation Requirements unless the school district makes a finding that the pupil is reasonably able to

complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.

•  Case-by-case.

•  Consider the courses completed/credits earned; additional LEA requirements; amount of time remaining before graduation.

•  Consult with youth and parent/guardian (if available).

•  Reevaluate in light of the student’s performance post-transfer.

AB 1806: Graduation Requirements 5th Year

•  If the school district determines that the student is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall: §  Inform the student that s/he can remain in school for a fifth year to complete the district’s

grad. Requirements.

§  Inform the student and educational decision-maker about how remaining the 5th year will affect ability for postsecondary admission.

§  Provide information about transfer opportunities available through CA Community Colleges.

§  Let the student or decision-maker choose between 5th year and AB 1806.

AB 1806: Graduation Requirements Once a Student is Exempted

•  If the student completes the statewide coursework requirements before the end of the 4th year in high school, the student cannot be required or requested to graduate early (as long as otherwise entitled to remain in school).

•  The school district shall notify the student and educational decision-maker how any of the requirements that are waived will affect the student’s ability to gain admission to a postsecondary educational institution.

•  The school district shall not revoke the exemption.

AB 1806: Graduation Requirements Other Protections

•  A school district shall not require or request that a student transfer schools in order to qualify for an exemption.

•  A student shall not transfer solely to qualify for an exemption.

•  Eligible students cannot be forced to take an exemption.

Benefits of AB 1806

•  Students feel encouraged to finish school and get a diploma rather that opting out or settling for GED.

•  Students will benefit in these ways:

§  Graduating with high school diploma.

§  Increased self-worth and esteem.

§  Increased possibility to join the military

§  Sense of isolation removed.

Other State Legislation Related to Youth Homelessness

•  AB 1733: Free ID cards and birth certificates

•  AB 346: Youth shelter licensing

•  AB 1006: Juvenile court records: Sealing and destruction

•  AB 309: CalFresh (SNAP) for Homeless Youth

•  SB 177: Homeless Youth Education Success Act (residency for extra-curricular activities; immediate enrollment; notice; CDE/DSS work group)

•  AB 652: Being a homeless, unaccompanied minor is not in itself grounds for a CPS report.

Contact Information

Contra Costa County Office of Education Denise Clarke Youth Development Services 925-942-3300

California Department of Education Leanne Wheeler Educational Programs Consultant 916-319-0383

Presentation Materials Adapted from NAEHYC