AB 1228 Signed by the Governor; Priority for Housing Homeless Youth at Community Colleges (CCD)
On October 7, 2015, Governor Brown signed Assembly Bill (“AB”) 1228 which amends Education Code § 76010 regarding priority for student housing at California Community Colleges.
LEGAL UPDATE
November 3, 2015
To: Superintendents/Presidents/Chancellors, Member Community College Districts
From: Steven P. Reiner, Associate General Counsel
Subject: AB 1228 Signed by the Governor; Priority for Housing Homeless Youth at Community Colleges
Memo No. 16-2015(CC)
On October 7, 2015, Governor Brown signed Assembly Bill (“AB”) 1228 which amends Education Code § 76010 regarding priority for student housing at California Community Colleges.
Existing law requests those community colleges that provide student housing to give priority to current and former foster youth who are students at the campus. The same request for priority for current and former foster youth also applies to community colleges that maintain student housing facilities open for occupation during school breaks or on a year-round basis.
AB 1228 amends Education Code § 76010 to request community colleges that maintain student housing to also give priority to students who are current and former homeless youth, in addition to foster youth. The law further requests that if a community college maintains student housing facilities that are open during academic breaks or on a year-round basis, first priority is given to students who are current and former homeless and/or foster youth at no extra cost.
AB 1228 requests that each community college develop a plan to ensure students who are current and former foster and/or homeless youth can access housing resources during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities.
It should be noted that the language in the statute for priority housing is written as a request and not a requirement. Although housing priority for foster and homeless youth is a legislative request, enrollment priority for foster youth is required for those districts that have enrollment priority systems, pursuant to Education Code § 66025.9. Enrollment priority for homeless youth is not currently required, but is likely to be addressed in the next legislative session.
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The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
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