BILL ANALYSIS Ó
SB 200
Page 1
SENATE THIRD READING
SB
200 (Lara)
As Amended March 25, 2015
Majority vote
SENATE VOTE: 35-0
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|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
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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
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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
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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