BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 200 (Lara) - Pupils: school district residency requirements
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|Version: March 25, 2015 |Policy Vote: ED. 8 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: April 27, 2015 |Consultant: Jillian Kissee |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: This bill provides that a pupil complies with the
school district residency requirements for 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.
Fiscal
Impact:
Any costs associated with this bill are estimated to be minor,
as it would generally constitute a shift in funding to the
school district of the parent's employer where the parent and
pupil live at least three days per week, to the extent these
students are not already attending school in that school
district as authorized by current law. The net effects of
students transferring to other school districts as a result of
this bill are unlikely to cause significant costs to the
state.
SB 200 (Lara) Page 1 of
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This bill may result in a reimbursable state mandate; however,
because state funding is provided to school districts for
student attendance, it is unlikely to impose significant costs
to the state.
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.
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
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during the school week. The school district is not required
to admit the student in its schools. (EC § 48204)
2. 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, as specified,
showing the name and address of the parent or legal
guardian within the school district. (EC § 48204.1)
3. 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)
Proposed Law:
This bill adds to the list of conditions under which pupils
may meet residency requirements for school attendance to include
a student whose parent or legal guardian is employed and lives
with the student at the place of employment within the
boundaries of the school district for at least three days during
the school week.
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.
SB 445 (Liu, 2015) extends to homeless youth the right to remain
in the school of origin, as is currently provided to foster
youth.
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, as specified, showing the name and address of
the parent within the school district.
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Staff
Comments: Current law 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.
This bill requires school districts to enroll students whose
parent or legal guardian works and resides with their employer
in that district, thus potentially creating a reimbursable state
mandate. However, given that school districts receive state
funding when students are enrolled, it is unlikely that this
requirement would impose significant costs to the state.
Students that transfer to other school districts as a result of
this bill are unlikely to cause significant costs to the state.