BILL NUMBER: AB 1573	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 1, 2012

   An act to amend Section 48204 of the Education Code, relating to
school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1573, as introduced, Brownley. School attendance: residency
requirements: foster children.
   Existing law requires persons between the ages of 6 and 18 to
attend a public school within the school district in which the pupil'
s parent or legal guardian resides, unless otherwise exempted.
   Under existing law, a pupil is deemed to have complied with that
residency requirement if the pupil attends a public school within the
school district in which his or her foster home is located. Existing
law also requires a local educational agency serving a foster child
to allow the child to remain in his or her school of origin, as
defined, for the duration of the jurisdiction of the juvenile court.
   This bill would deem a pupil who is a foster child who remains in
his or her school of origin to have met the residency requirements
for school attendance in that school district. To the extent that
this bill would impose additional duties on a school district of
origin, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 48204 of the Education Code, as amended by
Section 1 of Chapter 447 of the Statutes of 2011, is amended to read:

   48204.  (a)  Notwithstanding Section 48200, a pupil complies with
the residency requirements for school attendance in a school
district, if he or she is any of the following:
   (1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
   (B) An agency placing a pupil in a home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law. 
   (2) A pupil who is a foster child who remains in his or her school
of origin pursuant to subdivisions (d) and (e) of Section 48853.5.
 
   (2) 
    (3)  A pupil for whom interdistrict attendance has been
approved pursuant to Chapter 5 (commencing with Section 46600) of
Part 26. 
   (3) 
    (4)  A pupil whose residence is located within the
boundaries of that school district and whose parent or legal guardian
is relieved of responsibility, control, and authority through
emancipation. 
   (4) 
    (5)  A pupil who lives in the home of a caregiving adult
that is located within the boundaries of that school district.
Execution of an affidavit under penalty of perjury pursuant to Part
1.5 (commencing with Section 6550) of Division 11 of the Family Code
by the caregiving adult is a sufficient basis for a determination
that the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver. 
   (5) 
    (6)  A pupil residing in a state hospital located within
the boundaries of that school district.
   (b) A school district may deem a pupil to have complied with the
residency requirements for school attendance in the district if at
least one parent or the legal guardian of the pupil is physically
employed within the boundaries of that district for a minimum of 10
hours during the school week.
   (1) This subdivision does not require the school district within
which at least one parent or the legal guardian of a pupil is
employed to admit the pupil to its schools. A school district shall
not, however, refuse to admit a pupil under this subdivision on the
basis, except as expressly provided in this subdivision, of race,
ethnicity, sex, parental income, scholastic achievement, or any other
arbitrary consideration.
   (2) The school district in which the residency of either the
parents or the legal guardian of the pupil is established, or the
school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the court-ordered or voluntary
desegregation plan of the district.
   (3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
district determines that the additional cost of educating the pupil
would exceed the amount of additional state aid received as a result
of the transfer.
   (4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) is
encouraged to identify, and communicate in writing to the parents or
the legal guardian of the pupil, the specific reasons for that
determination and is encouraged to ensure that the determination, and
the specific reasons therefor, are accurately recorded in the
minutes of the board meeting in which the determination was made.
   (5) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
   (6) Unless approved by the sending school district, this
subdivision does not authorize a net transfer of pupils out of a
school district, calculated as the difference between the number of
pupils exiting the district and the number of pupils entering the
district, in a fiscal year in excess of the following amounts:
   (A) For a school district with an average daily attendance for
that fiscal year of less than 501, 5 percent of the average daily
attendance of the district.
   (B) For a school district with an average daily attendance for
that fiscal year of 501 or more, but less than 2,501, 3 percent of
the average daily attendance of the district or 25 pupils, whichever
amount is greater.
   (C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
district or 75 pupils, whichever amount is greater.
   (7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district the boundaries of which
include the location where at least one parent or the legal guardian
of a pupil is physically employed, the pupil does not have to reapply
in the next school year to attend a school within that district and
the district governing board shall allow the pupil to attend school
through grade 12 in that district if the parent or legal guardian so
chooses and if at least one parent or the legal guardian of the pupil
continues to be physically employed by an employer situated within
the attendance boundaries of the district, subject to paragraphs (1)
to (6), inclusive.
   (c) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 2.  Section 48204 of the Education Code, as amended by Section
2 of Chapter 447 of the Statutes of 2011, is amended to read:
   48204.  (a) Notwithstanding Section 48200, a pupil complies with
the residency requirements for school attendance in a school
district, if he or she is:
   (1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
   (B) An agency placing a pupil in the home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law. 
   (2) A pupil who is a foster child who remains in his or her school
of origin pursuant to subdivisions (d) and (e) of Section 48853.5.
 
   (2) 
    (3)  A pupil for whom interdistrict attendance has been
approved pursuant to Chapter 5 (commencing with Section 46600) of
Part 26. 
   (3) 
    (4)  A pupil whose residence is located within the
boundaries of that school district and whose parent or legal guardian
is relieved of responsibility, control, and authority through
emancipation. 
   (4) 
    (5)  A pupil who lives in the home of a caregiving adult
that is located within the boundaries of that school district.
Execution of an affidavit under penalty of perjury pursuant to Part
1.5 (commencing with Section 6550) of Division 11 of the Family Code
by the caregiving adult is a sufficient basis for a determination
that the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver. 
   (5) 
    (6)  A pupil residing in a state hospital located within
the boundaries of that school district.
   (b) This section shall become operative on July 1, 2017.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.