Section 48850 Of Chapter 5.5. Education Of Pupils In Foster Care And Pupils Who Are Homeless From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 5.5.
48850
. (a) (1) It is the intent of the Legislature to ensure that
all pupils in foster care and those who are homeless, as defined by
the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11301 et seq.), have a meaningful opportunity to meet the challenging
state pupil academic achievement standards to which all pupils are
held. In fulfilling their responsibilities to these pupils,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils, including, but not necessarily
limited to, interscholastic sports administered by the California
Interscholastic Federation. In all instances, educational and school
placement decisions shall be based on the best interests of the child
and shall consider, among other factors, educational stability and
the opportunity to be educated in the least restrictive educational
setting necessary to achieve academic progress.
(2) A foster child who changes residences pursuant to a court
order or decision of a child welfare worker or a homeless child or
youth shall be immediately deemed to meet all residency requirements
for participation in interscholastic sports or other extracurricular
activities.
(3) (A) Pursuant to the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. Sec. 11301 et seq.), public schools, including
charter schools, and county offices of education shall immediately
enroll a homeless child or youth seeking enrollment except where the
enrollment would be in conflict with subdivision (d) of Section
47605.
(B) The department and the State Department of Social Services
shall identify representatives from the department, the State
Department of Social Services, and other state agencies that have
experience in homeless youth issues to develop policies and practices
to support homeless children and youths and to ensure that child
abuse and neglect reporting requirements do not create barriers to
the school enrollment and attendance of homeless children or youths,
including, but not limited to, ensuring that a pupil who is a
homeless child or youth is not reported to law enforcement by school
personnel if the sole reason for the report is the pupil's
homelessness. The selected representatives shall present the policies
and practices to the Superintendent and the State Department of
Social Services to be considered for implementation or dissemination,
as appropriate.
(b) Every county office of education shall make available to
agencies that place children in licensed children's institutions
information on educational options for children residing in licensed
children's institutions within the jurisdiction of the county office
of education for use by the placing agencies in assisting parents and
foster children to choose educational placements.
(c) For purposes of individuals with exceptional needs residing in
licensed children's institutions, making a copy of the annual
service plan, prepared pursuant to subdivision (b) of Section 56205,
available to those special education local plan areas that have
revised their local plans pursuant to Section 56836.03 shall meet the
requirements of subdivision (b).
(d) For purposes of this section, "homeless child or youth" and
"homeless children and youths" are defined in Section 11434a(2) of
Title 42 of the United States Code.