BILL ANALYSIS Ó SB 200 Page 1 SENATE THIRD READING SB 200 (Lara) As Amended March 25, 2015 Majority vote SENATE VOTE: 35-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Education |7-0 |O'Donnell, Chávez, | | | | |Kim, McCarty, | | | | |Santiago, Thurmond, | | | | |Weber | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |14-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Eggman, Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Jones, Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | SB 200 Page 2 ------------------------------------------------------------------ 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 Welfare and Institutions Code Division 2, Part 1, Chapter 2 (commencing with Section 200); 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 SB 200 Page 3 6)A pupil residing in a state hospital located within the boundaries of that school district. FISCAL EFFECT: According to the Assembly Appropriations Committee" 1) State fiscal impact is likely minor. This bill could result in a shift of per pupil funding from one school district to another, to the extent a student is not already attending the school district of the parent's employer where the parent and pupil live at least three days per week. 2)This bill may also 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. COMMENTS: This bill is in response to an event in which the Orinda Unified School District (USD) 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 SB 200 Page 4 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) of the current legislative session, 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. Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087 FN: 0001228