2021 California Code
Education Code - EDC
TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION
DIVISION 4 - INSTRUCTION AND SERVICES
PART 27 - PUPILS
CHAPTER 5.5 - Education of Pupils in Foster Care and Pupils Who Are Homeless
Section 48852.5.

Universal Citation: CA Educ Code § 48852.5 (2021)
48852.5.  

(a) Pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), 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, shall ensure that public notice of the educational rights of homeless children and youths and unaccompanied youths is disseminated in schools within the liaison’s local educational agency that provide services pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

(b) The department shall provide informational materials to local educational agency liaisons for homeless children and youths and unaccompanied youths regarding the educational rights of homeless children and youths and unaccompanied youths under state and federal law, updates and changes to state and federal law regarding the rights of homeless students, the responsibilities of local educational agency liaisons relating to homeless children and youths and unaccompanied youths, and the resources available to schools to assist homeless children and youths and unaccompanied youths.

(c) (1) The department shall provide training materials to local educational agency liaisons for homeless children and youths and unaccompanied youths to assist liaisons with providing professional development and other support to school personnel providing services pursuant to the federal McKinney-Vento Homeless Assistance Act. These materials are intended to support liaisons in meeting the requirements of the federal Every Student Succeeds Act, as specified in Section 11432(g)(6)(A)(ix) of Title 42 of the United States Code.

(2) The department shall develop and implement a system to verify that local educational agencies are providing the required training to school personnel providing services to youth experiencing homelessness at least annually.

(d) The department may use and adapt informational and training materials from state or national sources when applicable and appropriate.

(e) The department shall adopt policies and practices to ensure that local educational agency liaisons for homeless children and youths participate in professional development and other technical assistance programs that are deemed appropriate by the Superintendent in accordance with the federal Every Student Succeeds Act, as specified in Section 11432(g)(1)(J)(iv) of Title 42 of the United States Code.

(f) (1) The department shall develop and implement procedures for verifying key information submitted by local educational agencies to comply with the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001 (42 U.S.C. Sec. 11431 et seq.).

(2) The department shall review the information submitted by local educational agencies to comply with the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001 (42 U.S.C. Sec. 11431 et seq.), and remind each local educational agency for which information about its policies is outdated to update their policies to reflect current requirements.

(g) (1) The department shall develop both of the following:

(A) Best practices that a local educational agency may use to identify and obtain accurate data on all homeless children and youths and unaccompanied youths enrolled in schools of the local educational agency. The department shall develop these best practices in accordance with the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) and in a manner informed by relevant guidance from experts on the identification of homeless children and youths and unaccompanied youths, including, but not limited to, the United States Department of Education and technical assistance centers sponsored by the Office of Safe and Healthy Students of the United States Department of Education. These best practices may include the distribution of information relating to the educational rights and resources of persons experiencing homelessness in public places that are frequently visited by homeless children and youths and unaccompanied youths.

(B) A model housing questionnaire, based on best practices developed pursuant to subparagraph (A), that a local educational agency may use to identify and obtain accurate data on all homeless children and youths and unaccompanied youths enrolled at schools of the local educational agency.

(2) The department shall post the best practices and model housing questionnaire developed pursuant to paragraph (1) on its internet website.

(h) Data collected by the department or by a local educational agency pursuant to this chapter shall be used in accordance with all state and federal laws regarding student privacy and the collection and use of student data.

(Amended by Stats. 2021, Ch. 400, Sec. 2.5. (SB 400) Effective January 1, 2022.)

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