BILL ANALYSIS Ó
SB 200
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Date of Hearing: June 17, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB
200 (Lara) - As Amended March 25, 2015
SENATE VOTE: 35-0
SUBJECT: Pupils: school district residency requirements.
SUMMARY: Provides that a pupil complies with the residency
requirements for school attendance in a school district if the
pupil's parent or legal guardian resides outside of the
boundaries of that school district but is employed and lives
with the pupil 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.
EXISTING LAW: Provides that 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 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;
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2)A pupil who is a foster child who remains in his or her school
of origin;
3)A pupil for whom interdistrict attendance has been approved;
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; or
6)A pupil residing in a state hospital located within the
boundaries of that school district.
FISCAL EFFECT: According to the Senate Appropriations
Committee, " 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.
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.
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COMMENTS: This bill is in response to an event in which the
Orinda Unified School District expelled the second-grade
daughter of a live-in nanny of a family that resides in the
district. According to newspaper accounts, the nanny and her
daughter live in the district in the house of the nanny's
employer five days a week, but stay with relatives outside of
the district on weekends. The district hired a private
investigator to gather information related to the student's
residency. Citing the need for student confidentiality, the
district did not disclose the reasons for its decision. After
negative publicity, however, the district reversed its decision
on the basis of unspecified "additional information" it had
received. Although this case was ultimately resolved, the
author's office asserts that this is not an isolated situation,
and that "across the state caregivers, nannies, and other
workers whose jobs require them to stay overnight are faced with
major obstacles to enrolling their children in school."
While existing law authorizes districts to enroll such children,
they are not required to do so. This bill would require
districts to enroll them if they reside with a parent or legal
guardian at their place of employment within the boundaries of
the district at least three days during the school week.
Related legislation. AB 1101 (Bonilla), which is pending in the
Senate Education Committee, provides that, if a school district
elects to undertake an investigation to determine a pupil's
residency, the governing board of the school district first
shall adopt a policy regarding the conduct of such
investigations. AB 1101 is in response the Orinda USD's use of a
private investigator to surreptitiously gather information on
the student.
REGISTERED SUPPORT / OPPOSITION:
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Support
Advancement Project
California Immigrant Policy Center
California Teachers Association
The Homecare Providers Union
Public Advocates
Opposition
None received
Analysis Prepared by:Rick Pratt / ED. / (916)
319-2087
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