BILL NUMBER: AB 1854	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2010
	PASSED THE ASSEMBLY  AUGUST 20, 2010
	AMENDED IN SENATE  JUNE 30, 2010
	AMENDED IN ASSEMBLY  MAY 12, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Ammiano
   (Principal coauthor: Senator Romero)

                        FEBRUARY 12, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1854, 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 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 those residency
requirements, including, but not limited to, property tax payment
receipts, 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 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 whether the pupil actually meets the residency
requirements.


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 whether 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.