BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Liu, Chair
2015 - 2016 Regular
Bill No: SB 200
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|Author: |Lara |
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|Version: |February 10, 2015 |Hearing |March 18, 2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant: |Lynn Lorber |
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Subject: Pupils: school district residency requirements
SUMMARY
This bill provides that a student meets residency
requirements for school attendance if the student's parent
or legal guardian is employed and lives at the place of
employment within the boundaries of the school district for
at least three days during the school week.
BACKGROUND
Current 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.
SB 200 (Lara) Page 2 of ?
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. (EC §
48204)
1. Until July 1, 2017, authorizes 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.
A. School districts are not required to admit
a student with at least one parent or legal
guardian who is physically employed in the
district.
B. A school district may prohibit the
transfer of a student if the district determines
that the transfer would negatively impact the
court-ordered or voluntary desegregation plan of
the district, or if the district determines that
the additional cost of educating the student would
exceed the amount of additional state aid received
as a result of the transfer. (EC § 48204)
1. Requires school districts to accept from the parent
or legal guardian reasonable evidence that the student
meets the residency requirements for school attendance
in the district. Current law requires reasonable
evidence of residency to be established by
documentation showing the name and address of the
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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.
F. Correspondence from a government agency.
G. Declaration of residency executed by the
parent or legal guardian.
(EC § 48204.1)
1. Authorizes school districts to make reasonable
efforts to determine that the student actually meets
the residency requirements if an employee of the
district reasonably believes that the parent or legal
guardian has provided false or unreliable evidence of
residency. (EC § 48204.1)
ANALYSIS
This bill provides that a student meets residency
requirements for school attendance if the student's parent
or legal guardian resides outside of the school district
boundaries but is employed and lives at the place of
employment within the boundaries of the school district for
at least three days during the school week.
STAFF COMMENTS
1. Need for the bill. According to the author, "While
school districts currently have the ability to allow
live-in workers' children to attend school where they
SB 200 (Lara) Page 4 of ?
work, many districts refuse to do so, creating undue
hardships for working families. SB 200 recognizes that
live-in employees, like nannies, caregivers and others,
have a greater need than other workers to enroll their
children in a school near their place of employment.
These workers do not fit the traditional family model,
but should not face undue hardship to keep their family
together."
2. Author's amendment. The author wishes to amend this
bill to specify that the student must live with the
parent within the boundaries of the school district for
a minimum of three days each school week. Staff
recommends the bill be so amended.
3. Existing authority. Current law 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. This bill requires
districts to accept as compliant with residency
requirements a student whose parent works and lives
within the boundaries of the district at least three
days during the school week.
It is unclear why a sunset was imposed on the existing
authority for school districts to accept students whose
parent works within the district for a minimum of 10
hours per week. Staff was able to trace legislation
back only so far as 1994; the sunset was already in
place at that time. Records show that this sunset has
been extended five times since 1994, with no apparent
rationale listed in the analyses of the bills extending
the sunset.
Staff was unable to obtain data regarding the extent to
which school districts exercise their authority to deny
residency to students whose parent works within the
district boundaries.
It appears possible for existing provisions to co-exist
with the provisions of this bill; school districts have
the authority to admit a student but parents have fewer
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conditions to meet, and districts would be required to
admit a student but parents would be required to meet a
higher threshold of conditions.
4. Can a student be a resident of two school districts?
For purposes of school attendance, a student is
generally a resident of only one school district, even
when living in more than one household. This concept
is not unprecedented; many students have parents that
are divorced, or otherwise not living in the same
school district, where children reside at both
residences but attend school in only one school
district.
5. Four-day school week. Current law authorizes nine
school districts to operate on a four-day school week.
This bill does not provide allowances for four-day
school weeks or shortened weeks such as the first and
last weeks of the school year; parents would still need
to work and live in the district for a minimum of three
days per school week.
6. Related and prior legislation.
RELATED LEGISLATION
AB 1101 (Bonilla, 2015) requires a school district that
investigates whether a student actually meets residency
requirements to adopt a policy regarding the
investigation and provide written notice to the parent.
AB 1101 is pending referral in the Assembly.
SB 445 (Liu, 2015) extends to homeless youth the right to
remain in the school of origin, as is currently
provided to foster youth. SB 445 is pending referral
in the Senate.
PRIOR LEGISLATION
AB 207 (Ammiano, Ch. 435, 2011) required school districts
to accept reasonable evidence that the student meets
residency requirements, and requires reasonable
evidence to be established by documentation showing the
name and address of the parent within the school
district. AB 207 further specified that such
SB 200 (Lara) Page 6 of ?
documentation includes, but is not limited to, property
tax payment receipts; rental property contract, lease
or payment receipts; utility service contract,
statement, or payment receipts; pay stubs; voter
registration; correspondence from a government agency;
and, declaration of residency executed by the parent or
legal guardian.
SUPPORT
American Federation of State, County and Municipal Employees
California Domestic Workers Coalition
California Immigrant Policy Center
Mujeres Unidas y Activas
United Domestic Workers of America/American Federation of
State, County and
Municipal Employees Local 3930
OPPOSITION
None on file.
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