BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 207
AUTHOR: Ammiano
AMENDED: June 8, 2011
FISCAL COMM: No HEARING DATE: June 15, 2011
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Proof of residency.
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.
d) A pupil who lives in the home of a
caregiving adult (an affidavit under penalty of
perjury is required).
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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) Authorizes school districts adjacent to an
international border 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 that is adjacent to an
international border to make reasonable efforts to
determine that the pupil actually meets the residency
requirements if any employee of the district
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 parent representation regarding residency,
there is no particular list of documents that may be
accepted, and that any reasonable evidence of residence is
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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 for a pupil
living with his or her parent or guardian 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.
3) Prohibits anything in this bill from being construed
to require a parent or guardian to show all of the
documents listed above.
4) Authorizes a school district to make reasonable
efforts to determine that the pupil actually meets the
residency requirements if any employee of a district
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reasonably believes that the parent or guardian has
provided false or unreliable evidence of residency.
5) 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. This specifically includes
immediate enrollment and attendance guaranteed to a
homeless child or youth without any proof of residency
or other documentation pursuant to the federal
McKinney-Vento Homeless Assistance Act.
6) Prohibits a school district from requiring proof of
residency for an unaccompanied youth (the definition
of which includes homeless and foster youth),
consistent with the federal McKinney-Vento Homeless
Assistance Act. A school district must accept a
declaration of residency executed by the unaccompanied
youth in lieu of a declaration of residency executed
by his or her parent or guardian.
7) Deletes existing law relative to reasonable evidence
of residency in school districts that are adjacent to
an international border.
STAFF COMMENTS
1) Need for the bill . According to the author, "Without
uniform guidelines on the procedures school districts
need to perform to verify student residency, school
districts across the state have created inconsistent
and sometimes overly burdensome requirements on
students and their parents or guardians to establish
their residence in the school district. Some
families, including victims of domestic violence,
immigrant and low wage workers, and the homeless,
often have difficulty in providing proof to establish
residency within a school district."
2) Local control . This bill essentially prohibits school
districts from refusing to accept certain documents as
proof of residency, thereby diminishing the discretion
of school districts to determine which documents to
accept. While this bill does allow districts to
accept documents not listed in the bill,
districts would be required to accept documents listed
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in this bill as reasonable evidence of residency.
3) Prior legislation . AB 1854 (Ammiano, 2010) was nearly
identical to this bill and was vetoed by the Governor,
whose veto message read:
This bill would undermine and potentially limit a
local district's current residency verification
process. Determining what proofs of residency
should be accepted should continue to remain a
local decision. Nothing in current law prohibits
a school district from using any type of
documentation that fits its local circumstances.
SB 1735 (Romero, 2008) was very similar to this bill
and 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
American Federation of State, County and Municipal
Employees
Asian Law Alliance
California Federation of Teachers
California Teachers Association
Coalition for Humane Immigrant Rights of Los Angeles
Evergreen School District
Mexican American Legal Defense and Educational Fund
Public Advocates
Public Counsel
Services, Immigrant Rights & Education Network
OPPOSITION
Greater South Bay Education Coalition
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