CA Educ Code Section 51421.5

(a)

If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria:

(1)

The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).

(2)

The examinee has not attained 25 years of age as of the date of the scheduled examination.

(3)

The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph.

(b)

For purposes of this section, a “homeless services provider” includes either of the following:

(1)

A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.

(2)

Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department.

(c)

Additional state funds shall not be appropriated for purposes of implementing this section.

(d)

Notwithstanding subdivision (c), the Superintendent may use surplus funds in the Special Deposit Fund Account, established pursuant to Section 51427, to reimburse contractors for the loss of fees, if any, pursuant to this section. A contract executed by the department for the provision of examinations pursuant to Section 51421 or this section shall require that any contracting party accept all examinees, including those entitled to a fee waiver pursuant to this section. For purposes of this subdivision, “surplus funds” are funds remaining after the costs permitted by subdivision (a) of Section 51421 are paid.

(e)

On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following:

(A)

The number of homeless youth that took a high school equivalency test in each of the 2016, 2017, and 2018 calendar years.

(B)

The impact of the opportunity to take a high school equivalency test at no cost on the number and percentage of homeless youth taking a high school equivalency test.

(C)

The estimated number of homeless youth who may take a high school equivalency test in future years.

(D)

Recommendations for a permanent funding source to cover the cost of the waived fees.

(E)

The annual and projected administrative cost to the department.

(F)

The annual and projected reimbursement to the contractor pursuant to this section.

(f)

The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

(g)

The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor.

(h)

This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed.