BILL NUMBER: AB 1854	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 12, 2010

    An act to amend Section 5840.2 of the Welfare and
Institutions Code, relating to mental health.   An act
to add Section 48204.1 to the Education Code, relating to school
attendance. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1854, as amended, Ammiano.  Mental Health Services Act.
  School attendance: residency requirements.  

   Existing law requires a person between 6 and 18 years of age not
otherwise exempted to attend the public full-time day school or
continuation school or classes in the school district where the
person's parent or legal guardian is located. Existing law provides
various exceptions to this residency requirement, including, but not
limited to, authorizing a pupil to attend school in a school district
in which his or her parent or guardian is employed.  
   This bill would authorize a school district to accept a wide range
of documents and representations from the parent or guardian of a
pupil as reasonable evidence that the pupil meets the residency
requirements set forth in these provisions. The bill would provide
that reasonable evidence may be established by certain documentation,
including, but not limited to, property tax payment receipts, rent
payment receipts, utility service payment receipts, and a declaration
of residency executed by the parent or guardian of the pupil. The
bill, if an employee of a school district reasonably believes that
the parent or guardian of a pupil has provided false or unreliable
evidence of residency, would authorize a school district to make
reasonable efforts to determine that the pupil actually meets the
residency requirements.  
   The Mental Health Services Act requires the State Department of
Mental Health to contract for the provision of specified services
with each county mental health program in a specified manner. That
act, an initiative measure, authorizes the Legislature to amend any
of its provisions by a 2/3 vote, so long as the amendments are
consistent with and further its intent.  
   This bill would make a technical, nonsubstantive change to that
law. 
   Vote:  2/3   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 48204.1 is added to the 
 Education Code  , to read:  
   48204.1.  (a) Any school district may accept a wide range of
documents and representations from the parent or guardian of a pupil
as reasonable evidence that the pupil meets the residency
requirements for school attendance in the school district as set
forth in Sections 48200 and 48204. Reasonable evidence of residency
may be established by documentation, including, but not limited to,
any of the following documentation:
   (1) Property tax payment receipts.
   (2) Rent payment receipts.
   (3) Utility service payment receipts.
   (4) Declaration of residency executed by the parent or guardian of
the pupil.
   (b) If any employee of a school district reasonably believes that
the parent or guardian of a pupil has provided false or unreliable
evidence of residency, the school district may make reasonable
efforts to determine that the pupil actually meets the residency
requirements set forth in Sections 48200 and 48204.  
  SECTION 1.   Section 5840.2 of the Welfare and
Institutions Code is amended to read:
   5840.2.  (a) The department shall contract for the provision of
services pursuant to this part with each county mental health program
in the manner specified in Section 5897.