BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1455              
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          |Author:    |Block                                                |
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          |Version:   |March 29, 2016                          Hearing      |
          |           |Date:      April 13, 2016                            |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Olgalilia Ramirez                                    |
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          Subject:  Pupil enrollment:  military dependents


            SUMMARY
          
          This bill provides that a student meets residency requirements  
          for school attendance if the student's parent is transferred or  
          is pending transfer to a military installation that is within  
          the boundaries of the school district. 

            BACKGROUND
          
          Existing 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)   Until July 1, 2017, 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.








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                  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.  

                  g)        Is a child of a parent who is employed and  
                    lives at the place of employment within the boundaries  
                    of the school district for a minimum of three days  
                    during the school week.  (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  
               during the school week.  (EC § 48204)

             2)   Requires reasonable evidence of residency to be  
               established by documentation showing the name and address  
               of the parent or legal guardian within the school district,  
               including but not limited to the following:

                  a)        Property tax payment receipts.

                  b)        Rental property contract, lease, or payment  
                    receipts.

                  c)        Utility service contract, statement, or  
                    payment receipts.

                  d)        Pay stubs.

                  e)        Voter registration.









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                  f)        Correspondence from a government agency.

                  g)        Declaration of residency executed by the  
                    parent or legal guardian.
                  (EC § 48204.1)

             1)   Enacts the Interstate Compact on Educational Opportunity  
               for Military Children.  The Compact provides for the  
               uniform treatment of military children transferring between  
               school districts and states. Among other things, the  
               Compact is meant to address issues related to: 

                  a)        Records, enrollment, placement and attendance,  
                    including the transfer of unofficial and official  
                    records, and placement in comparable courses,  
                    programs, and the same grade level regardless of age.

                  b)        Granting of additional excused absences to a  
                    pupil whose parent has 
               been called to or returned from active duty.

                  c)        Eligibility for enrollment and participation  
                    in extracurricular activities, including allowing  
                    military dependents to attend the same school and  
                    participation in programs and extracurricular  
                    activities with the consent of a non-custodial parent  
                    or other person who is caring for that child (standing  
                    in loco parentis).  

                  d)        Graduation, including the use of best efforts  
                    to waive required courses for pupils who successfully  
                    completed similar coursework, and consider granting a  
                    diploma from the sending school for pupils who  
                    transfer in their senior year of high school.

                  e)        Binding effect of the Compact, whereby all  
                    member states' laws conflicting with the Compact are  
                    superseded by the Compact and all rules and bylaws  
                    developed by the commission are binding upon member  
                    states. (Education Code § 49700, et seq.) 

            ANALYSIS
          
          This bill provides that a student meets residency requirements  








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          for school attendance if the student's parent is transferred or  
          is pending transfer to a military installation that is within  
          the boundaries of the district. Specifically it, 

          1)   Authorizes the use of a military installation's billeting  
               office address instead of a residential address. 

          2)   Requires a school district to accept applications by  
               electronic means for enrollment, including into a specific  
               school, program, and/or course. 

          3)   Requires parents to provide proof of residence within 10  
               days after the published arrival date provided on the  
               military order.  

          4)   Makes the following definitions for the purpose of this  
               section: 

                    a)             "Active military duty," means full-time  
                    military duty status in the active uniformed service  
                    of the United States, including the National Guard and  
                    the State Reserve. 

                    b)             "Military installation" means a base,  
                    camp, post, station, yard, center, homeport facility  
                    for any ship, or other activity under the jurisdiction  
                    of the Department of Defense. 

                    c)             "Parent" means the natural or adoptive  
                    parent or guardian of a dependent child.  

          5)   Establishes if the Commission on State Mandates determines  
               that this act contains costs mandated by the state, the  
               state will reimburse applicable entities. 

          STAFF COMMENTS
          
          1)   Need for the bill?  According to the author, children of  
               military service members transferring on official military  
               orders to California are not eligible to register in high  
               school courses, enroll in specialized academic programs or  
               enter random lotteries for consideration into a charter or  
               magnet school until they are physically located within the  
               district boundaries. As a result, these students often miss  








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               course and program registration deadlines. This bill would  
               allow, by electronic means, transferring military families  
               to enroll their children in a school, program or course  
               prior to being physically located within the boundaries of  
               the school district. 

          2)   The Interstate Compact on Educational Opportunity for  
               Military Child.  The Compact is an interstate agreement  
               that provides guidance as to how local school districts  
               address the transition needs of military children. With the  
               passage of AB 343 (Saldana, Chapter 237, Statutes of 2009),  
               California ratified its participation in the Compact.  
               Existing law prohibits changes in the Compact agreement  
               unless the proposed changes are enacted into law by  
               unanimous consent of the member states. Under the Compact,  
               districts are required to be flexible in applying their  
               local rules to students in order to facilitate enrollment,  
               placement, advancement, eligibility for extracurricular  
               activities, and on-time graduation. These provisions,  
               however, do not guarantee placement.  It's not clear how  
               districts apply rules to application or program deadlines.

               Separate from the Compact, this bill aims to provide  
               military families the ability to start the enrollment  
               process as soon as a written military transfer order is  
               given. Parents must provide proof of residence within 10  
               days after the published arrival date provided on the  
               military order. 

          3)   Affected school districts?  The provisions in this bill  
               apply to students of active-duty members of the United  
               States uniformed services, National Guard and Reserve on  
               active-duty orders. California hosts more than 30 military  
               installations and 168 active-duty service members.  
               Presumably, the surrounding districts of those military  
               installations may be the most affected by the requirements  
               outlined in the bill.

            SUPPORT
          
          Marine Corps Installations West-Marine Corps Base

            OPPOSITION
           








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           None received.

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