BILL NUMBER: AB 1320 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2005
AMENDED IN ASSEMBLY MARCH 29, 2005
INTRODUCED BY Assembly Member Canciamilla
FEBRUARY 22, 2005
An act to amend Section 48204 of the Education Code, and
to amend Section 6552 of the Family Code, relating to
school attendance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1320, as amended, 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,
that the pupil resides in the home of a caregiving adult that
is located within the boundaries of the school district , or
an interdistrict transfer has been approved for the pupil
. Existing law provides that execution of an
affidavit is a sufficient basis for a determination that the pupil
lives in the home of the caregiver, except as provided .
The bill would require a caregiving adult, with whom a
pupil resides under existing law, to pay certain costs relating to
the pupil, and would require a school district to direct any
communication required to be given to the parent or legal guardian of
the pupil to the caregiving adult of the pupil if the parent or
legal guardian of a pupil is unavailable or unwilling to accept
responsibility for the pupil. The bill would also amend the language
of the Caregiver's Authorization Affidavit to reflect these changes
authorize the governing board of a school district to
adopt a policy regarding the approval of an affidavit by a
caregiver, as specified .
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
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) (1) The caregiving adult of a pupil described in paragraph (4)
of subdivision (a) shall pay all school-related costs of the pupil,
including, but not limited to, transportation costs, costs relating
to lost instructional materials, library fines, costs for pupil
identification cards, and other school fees.
(2) If the parent or legal guardian of a pupil described in
paragraph (4) of subdivision (a) is unavailable or unwilling to
accept responsibility for the pupil, the school district shall direct
any communication required to be given to the parent or legal
guardian of the pupil to the caregiving adult of the pupil.
(c) Notwithstanding any other provision of law, the governing
board of a school district may adopt a policy regarding the approval
of an affidavit executed pursuant to paragraph (4) of subdivision
(a). That policy may include a requirement that the caregiver appear
before the governing board as a condition of approval of the
affidavit.
(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 529 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:
(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.
(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) (1) The caregiving adult of a pupil described in paragraph (4)
of subdivision (a) shall pay all school-related costs of the pupil,
including, but not limited to, transportation costs, costs relating
to lost instructional materials, library fines, costs for pupil
identification cards, and other school fees.
(2) If the parent or legal guardian of a pupil described in
paragraph (4) of subdivision (a) is unavailable or unwilling to
accept responsibility for the pupil, the school district shall direct
any communication required to be given to the parent or legal
guardian of the pupil to the caregiving adult of the pupil.
(b) Notwithstanding any other provision of law, the governing
board of a school district may adopt a policy regarding the approval
of an affidavit executed pursuant to paragraph (4) of subdivision
(a). That policy may include a requirement that the caregiver appear
before the governing board as a condition of approval of the
affidavit.
(c) This section is operative on and after July 1, 2007.
SEC. 3. Section 6552 of the Family Code is amended to read:
6552. The caregiver's authorization affidavit shall be in
substantially the following form:
Caregiver's Authorization Affidavit
Use of this affidavit is authorized by Part 1.5
(commencing
with
Section 6550) of Division 11 of the California Family
Code.
Instructions: Completion of items 1-4 and the signing of
the affidavit is
sufficient to authorize enrollment of a minor in school
and authorize
school-related medical care. Completion of items 5-8 is
additionally
required to authorize any other medical care. Print
clearly.
The minor named below lives in my home and I am 18 years
of age or
older.
1. Name of minor: _______________________________________ .
2. Minor's birth date: __________________________________ .
3. My name (adult giving authorization): ________________ .
4. My home address: _______________________________________
______________________________________________________ .
__________________________________________________________
5. ( ) I am a grandparent, aunt, uncle, or other
qualified relative of the minor (see back of this form for
a definition of
"qualified
relative").
6. Check one or both (for example, if one parent was
advised and the
other cannot be
located):
( ) I have advised the parent(s) or other person(s)
having legal custody of the minor of my intent to
authorize medical care,
and have received no
objection.
( )
I am unable to contact the parent(s) or other
person(s) having legal custody of the minor at this time,
to notify them
of my intended authorization.
7. My date of birth: ____________________________________ .
8. My California driver's license or identification card
number:
___________________________________________________ .
+-------------------------------------------------+
|Warning: Do not sign this form if any of the |
|statements above are incorrect, or you will be |
|committing a crime punishable by a fine, |
|imprisonment, or both. |
+-------------------------------------------------+
I declare under penalty of perjury under the
laws of the
State
of California that the foregoing is true and
correct.
Dated: _________________ Signed: _________________
Notices:
1. This declaration does not affect the rights of the minor's
parents or legal guardian regarding the care, custody, and control of
the minor, and does not mean that the caregiver has legal custody of
the minor.
2. A person who relies on this affidavit has no obligation to
make any further inquiry or investigation.
Additional Information:
TO CAREGIVERS:
1. "Qualified relative," for purposes of item 5, means a spouse,
parent, stepparent, brother, sister, stepbrother, stepsister, half
brother, half sister, uncle, aunt, niece, nephew, first cousin, or
any person denoted by the prefix "grand" or "great," or the spouse of
any of the persons specified in this definition, even after the
marriage has been terminated by death or dissolution.
2. The law may require you, if you are not a relative or a
currently licensed foster parent, to obtain a foster home license in
order to care for a minor. If you have any questions, please contact
your local department of social services.
3. If the minor stops living with you, you are required to notify
any school, health care provider, or health care service plan to
which you have given this affidavit. The affidavit is invalid after
the school, health care provider, or health care service plan
receives notice that the minor no longer lives with you.
4. If you do not have the information requested in item 8
(California driver's license or I.D.), provide another form of
identification such as your social security number or Medi-Cal
number.
5. The caregiver of a pupil is responsible for all school-related
costs of the pupil, including, but not limited to, transportation
costs, costs relating to lost instructional materials, library fines,
costs for pupil identification cards, and other school fees. The
caregiver may also receive communication from a school in the place
of the parent or legal guardian of the pupil.
TO SCHOOL OFFICIALS:
1. Section 48204 of the Education Code provides that this
affidavit constitutes a sufficient basis for a determination of
residency of the minor, without the requirement of a guardianship or
other custody order, unless the school district determines from
actual facts that the minor is not living with the caregiver.
2. The school district may require additional reasonable evidence
that the caregiver lives at the address provided in item 4.
TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:
1. A person who acts in good faith reliance upon a caregiver's
authorization affidavit to provide medical or dental care, without
actual knowledge of facts contrary to those stated on the affidavit,
is not subject to criminal liability or to civil liability to any
person, and is not subject to professional disciplinary action, for
that reliance if the applicable portions of the form are completed.
2. This affidavit does not confer dependency for health care
coverage purposes.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.