BILL NUMBER: AB 1320 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Canciamilla
FEBRUARY 22, 2005
An act to amend Section 48204 of the Education Code, relating to
school attendance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1320, as introduced, Canciamilla. Residency requirements:
exceptions.
Existing law provides that a pupil is deemed to have complied with
the residency requirements for school attendance in a school
district, provided the pupil meets one of the specified requirements,
including, but not limited to, the pupil is placed within the
boundaries of the school district in a regularly established licensed
children's home, the pupil is residing in a state hospital located
within the boundaries of the school district, or an interdistrict
transfer has been approved for the pupil.
This bill would provide that if the school in which a pupil would
be placed pursuant to the above-described requirements under existing
law is closed or impacted, the governing board of the school
district may place the pupil at another schoolsite within the
district, without regard to the pupil's address.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48204 of the Education Code , as added by
Section 2 of Chapter 529 of the Statutes of 2003, is amended to read:
48204. (a) Notwithstanding Section 48200, and subject to
subdivision (c) a pupil is deemed to have complied 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 Chapter 2
(commencing with Section 200) of Part 1 of Division 2 of the Welfare
and Institutions Code.
An agency placing a pupil in a home or institution described in
this subdivision shall provide evidence to the school that the
placement or commitment is pursuant to law.
(2) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(3) 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.
(4) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the caregiver's home, unless the school district
determines from actual facts that the pupil is not living in the
caregiver's home.
(5) A pupil residing in a state hospital located within the
boundaries of that school district.
(b) A school district may deem a pupil as having complied with the
residency requirements for school attendance in the school district
if one or both the parents or legal guardians of the pupil is
employed within the boundaries of that school district.
(1) This subdivision does not require the school district within
which the parents or guardians of a pupil are employed to admit the
pupil to its schools. Districts may not, however, refuse to admit
pupils under this subdivision on the basis, except as expressly
provided in this subdivision, of race, ethnicity, sex, parental
income, scholastic achievement, or any other arbitrary consideration.
(2) The school district in which the residency of either the
parents or guardians of the pupil is established, or the school
district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the court-ordered or voluntary
desegregation plan of the district.
(3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
district determines that the additional cost of educating the pupil
would exceed the amount of additional state aid received as a result
of the transfer.
(4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) is
encouraged to identify, and communicate in writing to the parents or
guardians of the pupil, the specific reasons for that determination
and is encouraged to ensure that the determination, and the specific
reasons therefor, are accurately recorded in the minutes of the board
meeting in which the determination was made.
(5) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
(6) Unless approved by the sending district, this subdivision does
not authorize a net transfer of pupils out of any given district,
calculated as the difference between the number of pupils exiting the
district and the number of pupils entering the district, in any
fiscal year in excess of the following amounts:
(A) For any district with an average daily attendance for that
fiscal year of less than 501, 5 percent of the average daily
attendance of the district.
(B) For any district with an average daily attendance for that
fiscal year of 501 or more, but less than 2,501, 3 percent of the
average daily attendance of the district or 25 pupils, whichever
amount is greater.
(C) For any district with an average daily attendance of 2,501 or
more, 1 percent of the average daily attendance of the district or 75
pupils, whichever amount is greater.
(7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district whose boundaries include
the location where one or both parents of a pupil is employed, or
where the legal guardian of the pupil is employed, the pupil does not
have to reapply in the next school year to attend a school within
that school district and the district governing board shall allow the
pupil to attend school through the 12th grade in that district if
the parent or guardian so chooses and if one or both of the pupil's
parents or guardians continues to be employed by an employer situated
within the attendance boundaries of the school district, subject to
paragraphs (1) to (6), inclusive.
(c) If the school in which a pupil would be placed pursuant
to this section is closed or impacted, the governing board of the
school district may place the pupil at an other schoolsite within the
district, without regard to the pupils' address.
(d) This section is inoperative on and after
July 1, 2007, and as of January 1, 2008, is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2008, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 2. Section 48204 of the Education Code , as amended by
Section 3 of Chapter 524 of the Statutes of 2003, is amended to read:
48204. (a) Notwithstanding Section 48200,
and subject to subdivision (b), a pupil is deemed to have
complied with the residency requirements for school attendance in a
school district, if he or she is:
(a)
(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 Chapter 2 (commencing with Section
200) of Part 1 of Division 2 of the Welfare and Institutions Code.
An agency placing a pupil in the home or institution shall provide
evidence to the school that the placement or commitment is pursuant
to law.
(b)
(2) A pupil for whom interdistrict
attendance has been approved pursuant to Chapter 5 (commencing with
Section 46600) of Part 26.
(c)
(3) 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.
(d)
(4) A pupil who lives in the home of a
caregiving adult that is located within the boundaries of that school
district. Execution of an affidavit under penalty of perjury
pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of
the Family Code by the caregiving adult is a sufficient basis for a
determination that the pupil lives in the caregiver's home, unless
the school district determines from actual facts that the pupil is
not living in the caregiver's home.
(e)
(5) A pupil residing in a state hospital
located within the boundaries of that school district.
(b) If the school in which a pupil would be placed pursuant to
this section is closed or impacted, the governing board of the school
district may place the pupil at another schoolsite within the
district, without regard to the pupil's address.
(f)
(c) This section is operative on and after
July 1, 2007.