BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 381|
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                                 THIRD READING


          Bill No:  SB 381
          Author:   Pavley (D), et al
          Amended:  4/6/11
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 3/30/11
          AYES:  Lowenthal, Runner, Alquist, Blakeslee, Hancock, 
            Huff, Price, Simitian, Vargas
          NO VOTE RECORDED:  Liu, Vacancy


           SUBJECT  :    School attendance:  residency requirements

           SOURCE :     Author


           DIGEST  :    This bill extends authorization for a pupil to 
          enroll in school where the parent or guardian of that pupil 
          is employed during a majority of the hours that the pupil 
          is scheduled to be in school, rather than where the pupil 
          resides.  The inoperative date will be extended from July 
          1, 2012 to July 1, 2017.

           ANALYSIS  :    Current law provides several means to 
          authorize a pupil who reside in one school district to 
          attend public school in another district.  The main 
          authorization provides for inter-district attendance when 
          the district of residence and district of proposed 
          attendance establish, for a period of up to five years, an 
          interdistrict transfer agreement.

          In addition to interdistrict attendance agreements, current 
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          law authorizes pupils to attend school in a district where 
          the pupil's parent works, rather than where the pupil and 
          parent reside.  The district where the parent is employed 
          is not required to admit the pupil but is prohibited from 
          refusing admission on the basis of the arbitrary 
          consideration such as race, ethnicity, sex, parental 
          income, scholastic achievement.  The receiving (parental 
          employment) district may also refuse the transfer if it 
          determines that the costs of the transfer would exceed the 
          added revenues (thus preventing mandated costs).  Either 
          district of residence or parental employment may prohibit 
          the transfer if it would negatively affect a desegregation 
          plan and the district of residence is not required to allow 
          more transfers than specified limits based upon the size of 
          the district.

          This bill extends authorization for a pupil to enroll in 
          school where the parent or guardian of that pupil is 
          employed during a majority of the hours that the pupil is 
          scheduled to be in school.  The inoperative date will be 
          changed from July 1, 2012 to July 1, 2017.

           Comments

           Continuing to provide parents and guardians with the 
          flexibility to enroll their children in schools near their 
          workplace provides parents with the opportunity to engage 
          in their children's education.  However, there have been 
          reports where a parent obtains part-time weekend employment 
          within the boundaries of another school district and uses 
          that employment to justify school attendance for their 
          child.  

          The author accepted amendment in Senate Education Committee 
          that limits the abuses of current law, which can be 
          interpreted to allow any employment to qualify under 
          current statute, even if only part-time and weekends, 
          unassociated with the timing of a school day.  This will 
          also maintain the underlying integrity of the statute which 
          is to permit parents the flexibility to engage in their 
          child's education if having to commute long distances to 
          their place of employment.

          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   

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          Local:  No

           SUPPORT  :   (Verified  4/6/11)

          Clovis Unified School District
          Conejo Valley Unified School District
          Las Virgenes Unified School District
          Los Angeles Unified School District
          Long Beach Unified School District
          Oak Park Unified School District
          Orange County Department of Education


           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          continuing to provide parents and legal guardians with the 
          flexibility of enrolling their children in school near 
          their workplace, gives them an opportunity to participate 
          in their children's education.  This measure extends an 
          option that has been available to working parents and does 
          not place any new requirements on school districts.  This 
          option has proven to be invaluable to families and should 
          be continued."


          CPM:cm  4/6/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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