BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 2537
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|Author: |O'Donnell |
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|Version: |March 15, 2016 Hearing |
| |Date: June 8, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Lenin DelCastillo |
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Subject: Pupils: school attendance: residency requirements
SUMMARY
This bill eliminates the July 1, 2017 sunset of the provisions
in current law that authorize a student to enroll in a school
where at least one parent or legal guardian of the student is
employed, rather than where the student resides.
BACKGROUND
Existing law:
1) Requires students to attend the public full-time day school
or continuation school or classes in which the residency of
either the parent or legal guardian is located. (Education
Code § 48200)
2) Provides that a student complies with the residency
requirements for school attendance in a school district if
the student:
a) Is placed within the boundaries of the
school district in a licensed children's institution,
licensed foster home, or a foster family home.
b) Is a foster child who remains in his or her
school of origin.
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c) Has been approved for interdistrict attendance.
d) Resides within the boundaries of the
school districts and whose parent or legal guardian is
relieved of responsibility, control, and authority
through emancipation.
e) Lives in the home of a caregiving adult
that is located within the boundaries of that school
district.
f) Resides in a state hospital located
within the boundaries of the school district.
g) Is a child of a parent who is employed
and lives at the place of employment within the
boundaries of the school district for a minimum of
three days during the school week. (Education Code §
48204)
3) Authorizes, until July 1, 2017, school districts to deem a
student to have complied with the residency requirements
for school attendance in a school district if at least one
parent or the legal guardian is physically employed within
the boundaries of that district for a minimum of 10 hours
during the school week. (Education Code § 48204)
4) Requires reasonable evidence of residency to be established
by documentation showing the name and address of the parent
or legal guardian within the school district, including but
not limited to the following:
a) Property tax payment receipts.
b) Rental property contract, lease, or payment
receipts.
c) Utility service contract, statement, or payment
receipts.
d) Pay stubs.
e) Voter registration.
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f) Correspondence from a government agency.
g) Declaration of residency executed by
the parent or legal guardian. (Education Code §
48204.1)
Current law also provides several other means to authorize a
student who resides 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 inter-district transfer agreement. (Education
Code § 46600)
ANALYSIS
This bill eliminates the July 1, 2017 sunset of the provisions
that authorize a school district to deem a student to have
complied with residency requirements for school attendance in a
school district if the parent or guardian of the student is
physically employed within the boundaries of that school
district for a minimum of 10 hours during the school week.
STAFF COMMENTS
1) Need for the bill. According to the author's office,
"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."
2) Existing authority. Current law authorizes a student to
enroll in the district where his or her parent or legal
guardian is employed. This provision was originally
enacted in 1986 and has subsequently received several
extensions, with a current sunset of July 1, 2017. The
AB 2537 (O'Donnell) Page 4
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school district where the parent is employed is not
required to admit the students but is prohibited from
refusing admission on the basis of academic skill or
personal characteristics such as race, ethnicity, sex or
income. The receiving district may also deny the transfer
if it determines that the cost of the transfer would exceed
the amount that the district would receive in additional
state funds. Either district of residence or the receiving
district 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.
In addition to the 10 hours of parental employment rule,
school districts are authorized to deem a student in
compliance with residency requirements for school
attendance in that school district if the student is placed
in a children's institution or foster home, is a foster
child who remains in his or her school of origin, lives in
the home of a caregiving adult, resides in a state
hospital, is a child of a parent who is employed and lives
at the place of employment for a minimum of three days
during the school week. Except for the 10 hours of
parental employment rule, none of these provisions have a
sunset date.
3) Parental involvement. Allowing students to be enrolled at
a school district where his or parent works provides them
with the flexibility to engage more in the child's
education, especially if they have to commute long
distances to their place of employment. This could provide
a greater opportunity for parents or legal guardians to
attend meetings or school events that take place before,
during or after school.
4) 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,
AB 2537 (O'Donnell) Page 5
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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), extended,
until July 1, 2007, among other things, the authorization
to enroll a pupil in the district where at least one of the
parent or legal guardian is physically employed.
AB 1578 (Migden, Chapter 299, Statutes of 1997), extended,
until July 1, 2003, among other things, the authorization
to enroll a pupil in the district where at least one parent
or legal guardian is physically employed.
AB 2768 (Chapter 1262, Statutes of 1994), extended, until
July 1, 1998, among other things, the authorization to
enroll a pupil in the district where at least on parent or
legal guardian is physically employed.
SUPPORT
Association of California School Administrators
EdVoice
Los Angeles County Office of Education
OPPOSITION
None received.
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