AB 2537,
as amended, O'Donnell. begin deletePupils. end deletebegin insertPupils: school attendance: residency requirements.end insert
Existing law provides that a pupil is deemed to have complied with the residency requirements for school attendance in a school district if the pupil satisfies one of the specified requirements. Until July 1, 2017, existing law authorizes a school district within the boundaries of which at least one parent or the legal guardian of a pupil is physically employed for a minimum of 10 hours during the school week to allow that pupil to attend a school in that school district through grade 12 if the parent or legal guardian of the pupil so chooses and if the parent or legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district.
end insertbegin insertThis bill would indefinitely extend the operation of the provision authorizing the school district within the boundaries of which a parent or legal guardian of a pupil is physically employed for a minimum of 10 hours during the school week to allow that pupil to attend a school in that school district.
end insertExisting law requires each person between the ages of 6 and 18 years not exempted under specific provisions to be subject to compulsory full-time education.
end deleteThis bill would express the intent of the Legislature to enact legislation relating to pupils in kindergarten and any of grades 1 to 12, inclusive.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 48204 of the end insertbegin insertEducation Codeend insertbegin insert, as
amended
2by Section 1.5 of Chapter 554 of the Statutes of 2015, is amended
3to read:end insert
(a) Notwithstanding Section 48200, a pupil complies
5with the residency requirements for school attendance in a school
6district, if he or she is any of the following:
7(1) (A) A pupil placed within the boundaries of that school
8district in a regularly established licensed children’s institution,
9or a licensed foster home, or a family home pursuant to a
10commitment or placement under Chapter 2 (commencing with
11Section 200) of Part 1 of Division 2 of the Welfare and Institutions
12Code.
13(B) An agency placing a pupil in a home or institution described
14in subparagraph (A) shall provide evidence to the school that the
15placement or commitment is pursuant to law.
16(2) A pupil who is a foster child who remains in his or her school
17of origin pursuant to subdivisions (f) and (g) of Section 48853.5.
18(3) A pupil for whom interdistrict attendance has been approved
19pursuant to Chapter 5 (commencing with Section 46600) of Part
2026.
21(4) A pupil whose residence is located within the boundaries of
22that school district and whose parent or legal guardian is relieved
23of responsibility, control, and authority through emancipation.
24(5) A pupil who lives in the home of a caregiving adult that is
25located within the boundaries of that school district. Execution of
26an affidavit under penalty of perjury pursuant to Part 1.5
27(commencing with Section 6550) of Division 11 of the Family
28Code by the caregiving adult is a sufficient basis for
a
29determination that the pupil lives in the home of the caregiver,
P3 1unless the school district determines from actual facts that the pupil
2is not living in the home of the caregiver.
3(6) A pupil residing in a state hospital located within the
4boundaries of that school district.
5(7) A pupil whose parent or legal guardian resides outside of
6the boundaries of that school district but is employed and lives
7with the pupil at the place of his or her employment within the
8boundaries of the school district for a minimum of three days
9during the school week.
10(b) begin insert(1)end insertbegin insert end insert A school district may deem
a pupil to have complied
11with the residency requirements for school attendance in the school
12district if at least one parent or the legal guardian of the pupil is
13physically employed within the boundaries of that school district
14for a minimum of 10 hours during the school week.
15(1)
end delete
16begin insert(2)end insert This subdivision does not require the school district within
17which at least one parent or the legal guardian of a pupil is
18employed to admit the pupil to its schools. A school district shall
19not, however, refuse to admit a pupil under this subdivision on the
20basis, except as expressly provided in this subdivision, of race,
21ethnicity, sex, parental income, scholastic achievement, or any
22other
arbitrary consideration.
23(2)
end delete
24begin insert(3)end insert The school district in which the residency of either the
25parents or the legal guardian of the pupil is established, or the
26school district to which the pupil is to be transferred under this
27subdivision, may prohibit the transfer of the pupil under this
28subdivision if the governing board of the school district determines
29that the transfer would negatively impact the court-ordered or
30voluntary desegregation plan of the school district.
31(3)
end delete
32begin insert(4)end insert The school district to which the pupil is to be transferred
33under this subdivision may prohibit the transfer of the pupil if the
34school district determines that the additional cost of educating the
35pupil would exceed the amount of additional state aid received as
36a result of the transfer.
37(4)
end delete
38begin insert(end insertbegin insert5)end insert The governing board of a school district that prohibits the
39transfer of a pupil pursuant to paragraphbegin delete (1), (2), or (3)end deletebegin insert
(2), (3), or
40(4)end insert is encouraged to identify, and communicate in writing to the
P4 1parents or the legal guardian of the pupil, the specific reasons for
2that determination and is encouraged to ensure that the
3determination, and the specific reasons for the determination, are
4accurately recorded in the minutes of the board meeting in which
5the determination was made.
6(5)
end delete
7begin insert(6)end insert The average daily attendance for pupils admitted pursuant
8to this subdivision is calculated pursuant to Section 46607.
9(6)
end delete
10begin insert(7)end insert Unless approved by the sending school district, this
11subdivision does not authorize a net transfer of pupils out of a
12school district, calculated as the difference between the number
13of pupils exiting the school district and the number of pupils
14entering the school district, in a fiscal year in excess of the
15following amounts:
16(A) For a school district with an average daily attendance for
17that fiscal year of less than 501, 5 percent of the average daily
18attendance of the school district.
19(B) For a school district with an average daily attendance for
20that fiscal year of 501 or more, but less than 2,501, 3 percent of
21the average daily attendance of the school district or 25 pupils,
22whichever amount is
greater.
23(C) For a school district with an average daily attendance of
242,501 or more, 1 percent of the average daily attendance of the
25school district or 75 pupils, whichever amount is greater.
26(7)
end delete
27begin insert(8)end insert Once a pupil is deemed to have complied with the residency
28requirements for school attendance pursuant to this subdivision
29and is enrolled in a school in a school district the boundaries of
30which include the location where at least one parent or the legal
31guardian of a pupil is physically employed, the pupil does not have
32to reapply in the next school year to attend a school within that
33school district and the
governing board of the school district shall
34allow the pupil to attend school through grade 12 in that school
35district if the parent or legal guardian so chooses and if at least
36one parent or the legal guardian of the pupil continues to be
37physically employed by an employer situated within the attendance
38boundaries of the school district, subject to paragraphsbegin delete (1) to (6),end delete
39begin insert
(2) to (7),end insert inclusive.
P5 1(c) This section shall become inoperative on July 1, 2017, and
2as of January 1, 2018, is repealed, unless a later enacted statute,
3that
becomes operative on or before January 1, 2018, deletes or
4extends the dates on which it becomes inoperative and is repealed.
begin insertSection 48204 of the end insertbegin insertEducation Codeend insertbegin insert, as
amended by
6Section 2.5 of Chapter 554 of the Statutes of 2015, is repealed.end insert
(a) Notwithstanding Section 48200, a pupil complies
8with the residency requirements for school attendance in a school
9district, if he or she is:
10(1) (A) A pupil placed within the boundaries of that school
11district in a regularly established licensed children’s institution,
12or a licensed foster home, or a family home pursuant to a
13commitment or placement under Chapter 2 (commencing with
14Section 200) of Part 1 of Division 2 of the Welfare and Institutions
15Code.
16(B) An agency placing a pupil in the home or institution
17described in subparagraph (A) shall provide evidence to the school
18that the
placement or commitment is pursuant to law.
19(2) A pupil who is a foster child who remains in his or her school
20of origin pursuant to subdivisions (f) and (g) of Section 48853.5.
21(3) A pupil for whom interdistrict attendance has been approved
22pursuant to Chapter 5 (commencing with Section 46600) of Part
2326.
24(4) A pupil whose residence is located within the boundaries of
25that school district and whose parent or legal guardian is relieved
26of responsibility, control, and authority through emancipation.
27(5) A pupil who lives in the home of a caregiving adult that is
28located within the boundaries of that school district. Execution of
29an affidavit under penalty of
perjury pursuant to Part 1.5
30(commencing with Section 6550) of Division 11 of the Family
31Code by the caregiving adult is a sufficient basis for a
32determination that the pupil lives in the home of the caregiver,
33unless the school district determines from actual facts that the pupil
34is not living in the home of the caregiver.
35(6) A pupil residing in a state hospital located within the
36boundaries of that school district.
37(7) A pupil whose parent or legal guardian resides outside of
38the boundaries of that school district but is employed and lives
39with the pupil at the place of his or her employment within the
P6 1boundaries of the school district for a minimum of three days
2during the school week.
3(b) This section shall become operative on July 1, 2017.
It is the intent of the Legislature to enact
5legislation relating to pupils in kindergarten and any of grades 1
6to 12, inclusive.
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