Amended in Senate March 25, 2015

Senate BillNo. 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 amended, Lara. Pupils: school district residency requirements.

Existing law requires persons betweenbegin delete years of age, inclusive,end delete 6 and 18begin insert years of age, inclusive,end insert 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 livesbegin insert with the pupilend insert 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 attendbegin insert a public school withinend insert 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:

P2    1

SECTION 1.  

Section 48204 of the Education Code, as amended
2by Section 1 of Chapter 93 of the Statutes of 2012, is amended to
3read:

4

48204.  

(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 subdivisionsbegin delete (d) andend delete (e)begin insert and (f)end insert of Section
1848853.5.

19(3) A pupil for whom interdistrict attendance has been approved
20pursuant to Chapter 5 (commencing with Section 46600) of Part
2126.

22(4) A pupil whose residence is located within the boundaries of
23that school district and whose parent or legal guardian is relieved
24of responsibility, control, and authority through emancipation.

25(5) A pupil who lives in the home of a caregiving adult that is
26located within the boundaries of that school district. Execution of
27an affidavit under penalty of perjury pursuant to Part 1.5
28(commencing with Section 6550) of Division 11 of the Family
29Code by the caregiving adult is a sufficient basis for a
30determination 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
7begin insert with the pupilend insert 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) A school district may deem a pupil to have complied with
11the 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) This subdivision does not require the school district within
16which at least one parent or the legal guardian of a pupil is
17employed to admit the pupil to its schools. A school district shall
18not, however, refuse to admit a pupil under this subdivision on the
19basis, except as expressly provided in this subdivision, of race,
20ethnicity, sex, parental income, scholastic achievement, or any
21other arbitrary consideration.

22(2) The school district in which the residency of either the
23parents or the legal guardian of the pupil is established, or the
24 school district to which the pupil is to be transferred under this
25subdivision, may prohibit the transfer of the pupil under this
26subdivision if the governing board of the school district determines
27that the transfer would negatively impact the court-ordered or
28voluntary desegregation plan of the school district.

29(3) The school district to which the pupil is to be transferred
30under this subdivision may prohibit the transfer of the pupil if the
31school district determines that the additional cost of educating the
32pupil would exceed the amount of additional state aid received as
33a result of the transfer.

34(4) The governing board of a school district that prohibits the
35transfer of a pupil pursuant to paragraph (1), (2), or (3) is
36encouraged to identify, and communicate in writing to the parents
37or the legal guardian of the pupil, the specific reasons for that
38determination and is encouraged to ensure that the determination,
39and the specific reasons for the determination, are accurately
P4    1recorded in the minutes of the board meeting in which the
2determination was made.

3(5) The average daily attendance for pupils admitted pursuant
4to this subdivision is calculated pursuant to Section 46607.

5(6) Unless approved by the sending school district, this
6subdivision does not authorize a net transfer of pupils out of a
7school district, calculated as the difference between the number
8of pupils exiting the school district and the number of pupils
9entering the school district, in a fiscal year in excess of the
10following amounts:

11(A) For a school district with an average daily attendance for
12that fiscal year of less than 501, 5 percent of the average daily
13attendance of the school district.

14(B) For a school district with an average daily attendance for
15that fiscal year of 501 or more, but less than 2,501, 3 percent of
16the average daily attendance of the school district or 25 pupils,
17whichever amount is greater.

18(C) For a school district with an average daily attendance of
192,501 or more, 1 percent of the average daily attendance of the
20school district or 75 pupils, whichever amount is greater.

21(7) Once a pupil is deemed to have complied with the residency
22requirements for school attendance pursuant to this subdivision
23and is enrolled in a school in a school district the boundaries of
24which include the location where at least one parent or the legal
25guardian of a pupil is physically employed, the pupil does not have
26to reapply in the next school year to attend a school within that
27school district and the governing board of the school district shall
28allow the pupil to attend school through grade 12 in that school
29district if the parent or legal guardian so chooses and if at least
30one parent or the legal guardian of the pupil continues to be
31physically employed by an employer situated within the attendance
32boundaries of the school district, subject to paragraphs (1) to (6),
33inclusive.

34(c) This section shall become inoperative on July 1, 2017, and
35as of January 1, 2018, is repealed, unless a later enacted statute,
36that becomes operative on or before January 1, 2018, deletes or
37extends the dates on which it becomes inoperative and is repealed.

38

SEC. 2.  

Section 48204 of the Education Code, as amended by
39Section 2 of Chapter 93 of the Statutes of 2012, is amended to
40read:

P5    1

48204.  

(a) Notwithstanding Section 48200, a pupil complies
2with the residency requirements for school attendance in a school
3district, if he or she is:

4(1) (A) A pupil placed within the boundaries of that school
5district in a regularly established licensed children’s institution,
6or a licensed foster home, or a family home pursuant to a
7commitment or placement under Chapter 2 (commencing with
8Section 200) of Part 1 of Division 2 of the Welfare and Institutions
9Code.

10(B) An agency placing a pupil in the home or institution
11described in subparagraph (A) shall provide evidence to the school
12that the placement or commitment is pursuant to law.

13(2) A pupil who is a foster child who remains in his or her school
14of origin pursuant to subdivisionsbegin delete (d) andend delete (e)begin insert and (f)end insert of Section
1548853.5.

16(3) A pupil for whom interdistrict attendance has been approved
17pursuant to Chapter 5 (commencing with Section 46600) of Part
1826.

19(4) A pupil whose residence is located within the boundaries of
20that school district and whose parent or legal guardian is relieved
21of responsibility, control, and authority through emancipation.

22(5) A pupil who lives in the home of a caregiving adult that is
23located within the boundaries of that school district. Execution of
24an affidavit under penalty of perjury pursuant to Part 1.5
25(commencing with Section 6550) of Division 11 of the Family
26Code by the caregiving adult is a sufficient basis for a
27 determination that the pupil lives in the home of the caregiver,
28unless the school district determines from actual facts that the pupil
29is not living in the home of the caregiver.

30(6) A pupil residing in a state hospital located within the
31boundaries of that school district.

32(7) A pupil whose parent or legal guardian resides outside of
33the boundaries of that school district but is employed and lives
34begin insert with the pupilend insert at the place of his or her employment within the
35boundaries of the school district for a minimum of three days
36during the school week.

37(b) This section shall become operative on July 1, 2017.

38

SEC. 3.  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P6    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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