BILL NUMBER: AB 1854	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 12, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 12, 2010

   An act to add Section 48204.1 to the Education Code, relating to
school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1854, as amended, Ammiano. 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   require  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   those 
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   rental
property contract, lease, or  payment receipts, utility service
 contract, lease, or  payment receipts,  pay stubs,
voter registration, correspondence from a government agency, 
and a declaration of residency executed by the parent or guardian of
 the   a  pupil  who is a homeless
child or youth, as defined  . 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.
   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 48204.1 is added to the 
 Education Code  , to read:  
   48204.1.  (a) A school district shall accept from the parent or
guardian of a pupil 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 shall be established by documentation showing the name and
address of the parent or guardian within the school district,
including, but not limited to, any of the following documentation:
   (1) Property tax payment receipts.
   (2) Rental property contract, lease, or payment receipts.
   (3) Utility service contract, statement, or payment receipts.
   (4) Pay stubs.
   (5) Voter registration.
   (6) Correspondence from a government agency.
   (7) Declaration of residency executed by the parent or guardian of
a pupil who is a homeless child or youth as defined in Section 725
of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11434a).
   (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.
   (c) Nothing in this section shall be construed as limiting access
to pupil enrollment in a school district as otherwise provided by
federal and state statutes and regulations.  
  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.