BILL NUMBER: AB 1320 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2006
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 Sections
48204, 84756, and 84757 of the Education Code, relating to
school attendance education .
LEGISLATIVE COUNSEL'S DIGEST
AB 1320, as amended, Canciamilla Residency requirements:
exceptions. School s: community
college districts .
(1) 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 that the pupil resides in the home
of a caregiving adult that is located within the boundaries of the
school district. 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 authorize the governing board of a school district
to adopt a policy regarding the approval of an affidavit by a
caregiver, as specified.
(2) Existing law establishes the California Community Colleges
under the administration of the Board of Governors of the California
Community Colleges. Existing law establishes community college
districts throughout the state, and authorizes them to provide
instruction at community college campuses. Existing law establishes,
and sets forth the mission of, an economic and workforce development
program as part of the responsibilities of the California Community
Colleges. Existing law expresses legislative intent with respect to
community college districts' noncredit programs and lists specified
noncredit courses and classes eligible for state funding.
This bill would add legislative intent language that calls on
credit and noncredit resources of the community college districts to
provide critical support for continuous workforce improvement and
economic development, as specified. The bill would also include, in
the list of specified noncredit courses and classes eligible for
state funding, specified education and training services to small
businesses and incumbent workers, and new and innovative delivery
options for specified courses and training options that increase
access to community college resources for incumbent workers and small
businesses.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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 of the parents or legal guardians of the
pupil is are 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) 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, 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) 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 84756 of the Education
Code is amended to read:
84756. (a) It is the intent of the
Legislature that community college districts with noncredit programs
recognize the importance of noncredit programs and that they will
continue to support these offerings.
It
(b) It is also the intent of the
Legislature that community college districts with noncredit programs
consider the need for both credit and noncredit allocations in
allocating future growth pursuant to board of governors regulations.
(c) It is further the intent of the Legislature that the credit
and noncredit resources of the community colleges be utilized so as
to maximize their capacity to provide critical support for continuous
workforce improvement and economic development in a manner that is
adaptive and responsive to the changing needs of regional economies
consistent with Section 88500. A key objective of the use of
noncredit funding is to enable incumbent workers to become more
competitive in their region's labor market, increase competency, and
identify career paths to economic self-sufficiency and lifelong
access to good-paying jobs. This support includes performance
improvement training pursuant to Section 88520, contract education,
as defined in Section 78020, and career ladder approaches.
SEC. 4. Section 84757 of the Education
Code is amended to read:
84757. (a) For purposes of this chapter, the following noncredit
courses and classes shall be eligible for funding:
(1) Parenting, including parent cooperative preschools, classes in
child growth and development and parent-child relationships.
(2) Elementary and secondary basic skills and other courses and
classes such as remedial academic courses or classes in reading,
mathematics, and language arts.
(3) English as a second language.
(4) Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and work force
preparation classes in the basic skills of speaking, listening,
reading, writing, mathematics, decisionmaking and problem solving
skills, and other classes required for preparation to participate in
job-specific technical training.
(5) Education programs for persons with substantial disabilities.
(6) Short-term vocational programs with high employment potential.
(7) Education programs for older adults.
(8) Education programs for home economics.
(9) Health and safety education.
(10) Education and training services to small businesses and
incumbent workers pursuant to Sections 88530 and 88531.
(11) New and innovative delivery options for course and training
offerings that increase access to community college resources for
incumbent workers and small businesses.
(b) No state apportionment shall be made for any course or class
that is not set forth in subdivision (a) and for which no credit is
given.