Senate Bill No. 200

Introduced by Senator Lara

(Principal coauthor: Assembly Member Bonilla)

February 10, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 200, as introduced, Lara. Pupils: school district residency requirements.

Existing law requires persons between years of age, inclusive, 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. Existing law provides that a pupil complies with a school district’s residency requirements for school attendance in that school district if the pupil meets one of the specified requirements.

This bill would provide that a pupil complies with a school district’s residency requirements in instances where the pupil’s parent or legal guardian resides outside of the boundaries of that school district but is employed and lives at the place of his or her employment within the boundaries of the school district for a minimum of 3 days during the school week. By requiring a school district to allow those pupils to attend the school district, thereby increasing the duties of a school district, 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 93 of the Statutes of 2012, 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.

(3) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part
26.

(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.

(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.

(6) A pupil residing in a state hospital located within the
boundaries of that school district.

begin insert

(7) A pupil whose parent or legal guardian resides outside of
the boundaries of that school district but is employed and lives at
the place of his or her employment within the boundaries of the
school district for a minimum of three days during the school week.

end insert

(b) A school district may deem a pupil to have complied with
the residency requirements for school attendance in the begin insert school end insert
district if at least one parent or the legal guardian of the pupil is
physically employed within the boundaries of that begin insert school end insert 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 begin insert school end insert district determines
that the transfer would negatively impact the court-ordered or
voluntary desegregation plan of the begin insert school end insert 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
begin insert school end insert 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 begin delete therefor, end delete begin insert for the determination, end insert 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 begin insert school end insert district and the number of pupils
entering the begin insert school end insert 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 begin insert school end insert 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 begin insert school end insert 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
begin insert school end insert 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
begin insert school end insert district and the begin delete district end delete governing board begin insert of the school district end insert
shall allow the pupil to attend school through grade 12 in that
begin insert school end insert 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 begin insert school end insert 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 93 of the Statutes of 2012, 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.

(3) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part
26.

(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.

(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.

(6) A pupil residing in a state hospital located within the
boundaries of that school district.

begin insert

(7) A pupil whose parent or legal guardian resides outside of
the boundaries of that school district but is employed and lives at
the place of his or her employment within the boundaries of the
school district for a minimum of three days during the school week.

end insert

(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.