BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 200


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          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


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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








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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