BILL ANALYSIS Ó
AB 2537
Page 1
Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 2537
(O'Donnell) - As Amended March 15, 2016
SUBJECT: Pupils: school attendance: residency requirements
SUMMARY: Eliminates the July 1, 2017 sunset of the provisions
authorizing a pupil to enroll in a school where at least one of
the parent or legal guardian of the pupil is physically employed
for a minimum of 10 hours during the school week.
EXISTING LAW:
1)Requires a pupil between the ages of 6 through 18 to attend
school in the school district where either parent or legal
guardian resides except as specified. (Education Code (EC)
Section 48200)
2)Authorizes a pupil, until July 1, 2017, to attend school in a
district where the pupil's parent or legal guardian physically
works for a minimum of 10 hours during the school week, rather
than where the pupil resides. Specifies that the district
where the parent or legal guardian is employed is not required
to admit the pupil and either the sending district or the
receiving district may prohibit a transfer if the governing
board of the school district determines that the transfer
would negatively impact a court-ordered or voluntary
AB 2537
Page 2
desegregation plan. Specifies that the receiving district may
prohibit a transfer if the school district determines that the
additional cost of educating the pupil would exceed the amount
of additional state aid received. Once established on the
basis of parental employment, this authorization allows a
parent to maintain a pupil's enrollment through the 12th
grade. (EC Section 48204(b))
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: Under current compulsory education law, a pupil is
required to attend school between the ages of 6 through 18 in a
school where either parent or legal guardian resides. Current
law also deems a pupil as meeting the residency requirement for
specified circumstances, including a pupil who is placed in a
licensed children's institution or a licensed foster home in
another district, a foster child remaining in his or her
district of origin, a pupil whose parent or legal guardian lives
with the pupil at the place of his or her employment for a
minimum of three days during the school week, and a pupil who is
enrolled in the district where at least one of the parent or
legal guardian is physically employed by an employer for a
minimum of 10 hours during the school week. All of the
exceptions to the residency requirement do not have a sunset,
with the exception of the provision authorizing a pupil to
enroll in the district where his or her parent or legal guardian
is employed. This provision was enacted in 1986 and has
received several extensions. The current sunset is July 1,
2017. This bill removes the sunset.
The receiving district is not required to accept a pupil, but
may not refuse to admit a pupil because of the pupil's race,
ethnicity, sex, parental income, scholastic achievement or other
arbitrary reason. The receiving district may deny a transfer if
AB 2537
Page 3
the cost for educating the pupil would exceed the amount the
district would receive in additional state funds. Once a pupil
is accepted in a transfer, the pupil may continue enrollment
through 12th grade in that district as long as the parent or
legal guardian continues to be physically employed by an
employer in that district.
The author states, "Allowing a pupil to be enrolled where a
parent or legal guardian works enables a parent or legal
guardian to participate in a pupil's education. For example,
parent-teacher conferences or class or schoolwide events often
take place before, during, or right after school. A parent or
legal guardian may be able to attend these meetings or events if
the school is located near the place of his or her employment,
but may not be able to attend if he or she must travel farther.
Enabling a parent or legal guardian to enroll a pupil near a
work place may also address challenges with dropping off or
picking up a student to and from school."
Previous legislation. SB 381 (Pavley), Chapter 447, Statutes of
2011, extended, until July 1, 2017, the authorization to enroll
a pupil in the district where at least one of the parent or
legal guardian is physically employed for a minimum of 10 hours
during the school week.
SB 170 (Denham), Chapter 33, Statutes of 2007, extended, until
July 1, 2012, the authorization to enroll a pupil in the
district where at least one of the parent or legal guardian is
physically employed.
SB 140 (Denham), Chapter 529, Statutes of 2003, among other
things, authorized, until July 1, 2007, a pupil to be enrolled
in the district where at least one of the parent or legal
guardian is physically employed.
AB 2537
Page 4
REGISTERED SUPPORT / OPPOSITION:
Support
EdVoice
Opposition
None on file
Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087