BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1854
AUTHOR: Ammiano
AMENDED: May 12, 2010
FISCAL COMM: No HEARING DATE: June 23, 2010
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Proof of residency.
KEY POLICY ISSUE
Should school districts be required to accept certain
documentation to establish residency requirements?
SUMMARY
This bill requires school districts to accept reasonable
evidence that a pupil meets the residency requirements for
school attendance in that district, and specifies which
documentation schools must accept as proof of residency.
BACKGROUND
Current law:
1) Requires pupils to attend school in the district in
which the residency of either the parent or legal
guardian is located. (Education Code 48200)
2) Provides that a pupil meets residency requirements under
the following circumstances:
a) A pupil is placed in a regularly
established licensed children's institution, or a
licensed foster home, or a family home.
b) A pupil for whom interdistrict attendance
has been approved.
c) A pupil whose parent or legal guardian is
relieved of responsibility, control and authority
through emancipation.
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d) A pupil who lives in the home of a
caregiving adult (an affidavit under penalty of
perjury is required).
e) A pupil residing in a state hospital.
f) Until July 1, 2012, a pupil with at least
one parent or legal guardian who is physically
employed within the boundaries of that district.
(EC 48204)
3) Recognizes that school districts adjacent to an
international border face unique circumstances in
conducting the verification of a pupil's residency and
therefore authorizes these districts to accept a wide
range of documents and representations as reasonable
evidence that the pupil meets the residency requirements
for school attendance within the district.
Documentation of residency for these districts may
include, but are not limited to:
a) Property tax payment receipts.
b) Rent payment receipts.
c) Utility service payment receipts.
d) Declaration of residency executed by the
parent or guardian of the pupil.
4) Requires a school district to make reasonable efforts to
determine that the pupil actually meets the residency
requirements if any employee of a school district that
is adjacent to an international border reasonably
believes that the parent or guardian has provided false
or unreliable evidence of residency. (EC 48204.6)
The California Department of Education (CDE) has issued legal
advisories intended to assist school districts and county
offices of education regarding the information they may rely
on to determine that a pupil is a resident for purposes of
school attendance, including, in the context of homeless
pupils, advising districts to accept any kind of document,
including a parental declaration of intent to remain in the
district for an indefinite period. In Legal Advisory
LO:1-95, (March 3, 1995) the CDE states that the general rule
is that districts may accept a wide range of documents and
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parent representation regarding residency, there is no
particular list of documents that may be accepted, and that
any reasonable evidence of residence is sufficient.
ANALYSIS
This bill requires school districts to accept reasonable
evidence that a pupil meets the residency requirements for
school attendance in that district, and specifies which
documentation schools must accept as proof of residency.
Specifically, this bill:
1) Requires a school district to accept from the parent or
guardian of a pupil reasonable evidence that the pupil
meets the residency requirements for school attendance
in the district.
2) Requires reasonable evidence of residency to 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:
a) Property tax payment receipts.
b) Rental property contract, lease, or payment
receipts.
c) Utility service contract, statement, or
payment receipts.
d) Pay stubs.
e) Voter registration.
f) Correspondence from a government agency.
g) Declaration of residency executed by the
parent or guardian of a pupil who is a homeless
child or youth.
3) Authorizes a school district to make reasonable efforts
to determine that the pupil actually meets the residency
requirements if any employee of a district reasonably
believes that the parent or guardian has provided false
or unreliable evidence of residency.
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4) Prohibits anything in this bill from being construed as
limiting access to pupil enrollment in a school district
as otherwise provided by federal and state statutes and
regulations.
STAFF COMMENTS
1) Need for the bill . According to the author, "some
districts are imposing overly burdensome requirements on
parents to establish their residence in the district,
with some districts establishing complex matrices with
requirements that far exceed those for border area
districts. One could argue that these requirements go
against the legal advisory opinions issued by the
California Department of Education and make it difficult
to implement the public policy of ensuring universal
enrollment and education. Providing uniform guidelines
that are easily understandable and not overly burdensome
will ensure that California children enroll in and
attend school and provide clear guidance to school
districts."
2) Prior legislation . SB 1735 (Romero, 2008) was very
similar to this bill.
SB 1735 was vetoed by the Governor, whose veto message
read:
The historic delay in passing the 2008-2009 State
Budget has forced me to prioritize the bills sent
to my desk at the end of the year's legislative
session. Given the delay, I am only signing bills
that are the highest priority for California. This
bill does not meet that standard and I cannot sign
it at this time.
SUPPORT
American Civil Liberties Union
California Federation of Teachers
California Teachers Association
Californians Together
Public Advocates
OPPOSITION
None received.
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