BILL NUMBER: AB 207	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        JANUARY 31, 2011

   An act to add Section 48204.1 to the Education Code, relating to
school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 207, as introduced, Ammiano. School attendance: residency
requirements.
   Existing law requires each person between 6 and 18 years of age
not otherwise exempted to attend the public full-time day school or
continuation school or classes in the school district where the
person's parent or legal guardian is located. Existing law provides
various exceptions to this residency requirement, including, but not
limited to, authorizing a pupil to attend school in a school district
in which his or her parent or legal guardian is employed.
   This bill would require a school district to accept a wide range
of documents and representations from the parent or legal guardian of
a pupil as reasonable evidence that the pupil meets those residency
requirements, including, but not limited to, property tax payment
receipts, rental property contract, lease, or payment receipts,
utility service contract, statement, or payment receipts, pay stubs,
voter registration, correspondence from a government agency, or a
declaration of residency executed by the parent or legal guardian of
a pupil who is a homeless child or youth, as defined. The bill would,
if an employee of a school district reasonably believes that the
parent or legal guardian of a pupil has provided false or unreliable
evidence of residency, authorize the school district to make
reasonable efforts to determine that the pupil actually meets the
residency requirements.
   The bill would specify that it not be construed as limiting access
to pupil enrollment in a school district as otherwise provided by
state and federal statutes and regulations.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 48204.1 is added to the Education Code, to
read:
   48204.1.  (a) A school district shall accept from the parent or
legal guardian of a pupil reasonable evidence that the pupil meets
the residency requirements for school attendance in the school
district as set forth in Sections 48200 and 48204. Reasonable
evidence of residency shall be established by documentation showing
the name and address of the parent or legal guardian within the
school district, including, but not limited to, any of the following
documentation:
   (1) Property tax payment receipts.
   (2) Rental property contract, lease, or payment receipts.
   (3) Utility service contract, statement, or payment receipts.
   (4) Pay stubs.
   (5) Voter registration.
   (6) Correspondence from a government agency.
   (7) Declaration of residency executed by the parent or legal
guardian of a pupil who is a homeless child or youth as defined in
Section 725 of the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11434a).
   (b) If any employee of a school district reasonably believes that
the parent or legal guardian of a pupil has provided false or
unreliable evidence of residency, the school district may make
reasonable efforts to determine that the pupil actually meets the
residency requirements set forth in Sections 48200 and 48204.
   (c) Nothing in this section shall be construed as limiting access
to pupil enrollment in a school district as otherwise provided by
federal and state statutes and regulations.