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:      |                 |
            |--------------+--------------------+-----------+-----------------|
            |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.







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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.  (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  








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                 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  








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                 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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