(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)), or as a foster youth, as defined in subdivision (f).

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

(3) For an examinee who qualifies as a homeless child or youth pursuant to paragraph (1), 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) 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.

(e) 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.

(f) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria:

(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.

(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code.

(g) This section shall become operative on July 1, 2019.

(Amended (as added by Stats. 2015, Ch. 384, Sec. 4) by Stats. 2016, Ch. 697, Sec. 3. (AB 2656) Effective January 1, 2017. Section operative July 1, 2019, by its own provisions.)