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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