Intersession programs: foster children and homeless youth: priority access.

Existing law states the intent of the Legislature to ensure that all pupils in foster care and those who are homeless, as defined, have a meaningful opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. Existing law requires educators, county placing agencies, care providers, advocates, and the juvenile courts to 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, as provided. Existing law authorizes the governing board of any school district to initiate and carry on any program, activity, or to otherwise act in any manner that is not in conflict with or inconsistent with, or preempted by, any law and that is not in conflict with the purposes for which school districts are established. This bill would require a school district, county office of education, or charter school, if the local educational agency operates an intersession program, as defined, to grant priority access to foster children and homeless youth, as provided. The bill would, notwithstanding any other law, provide that if a foster child or homeless youth will be moving during an intersession period, the pupil's parent, guardian, educational rights holder, or Indian custodian, as defined, in the case of an Indian child, or, if there is no parent, guardian, educational rights holder, or Indian custodian, the unaccompanied homeless youth, as applicable, shall determine which school the pupil attends for the intersession period, if applicable. This bill would incorporate additional changes to Section 48853.5 of the Education Code proposed by AB 723 to be operative only if this bill and AB 723 are enacted and this bill is enacted last.