BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 381
                                                                  Page  1


          SENATE THIRD READING
          SB 381 (Pavley)
          As Amended  June 30, 2011
          Majority vote 

           SENATE VOTE  :37-0  
           
           EDUCATION           10-0                                        
           
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          |Ayes:|Brownley, Norby, Ammiano, |     |                          |
          |     |Buchanan, Butler, Carter, |     |                          |
          |     |Eng,                      |     |                          |
          |     |Beth Gaines, Morrell,     |     |                          |
          |     |Williams                  |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :   Extends, until July 1, 2017, the authorization to 
          enroll a student in a district where a parent is employed, if a 
          parent is employed within the boundaries of that school district 
          for a minimum of 10 hours during the school week.  Specifically, 
           this bill  :   

          1)Extends the authorization for a district to deem a pupil to be 
            a resident of the district if at least one parent or the legal 
            guardian of the pupil is physically employed within the 
            boundaries of the district.

          2)Requires a parent or legal guardian of a pupil who is 
            physically employed within the boundaries of that district to 
            work within those boundaries for a minimum of 10 hours during 
            the school week.  

           EXISTING LAW  :  

          1)Authorizes a pupil to attend school in a district where the 
            pupil's parent physically works, rather than where the pupil 
            and parent reside, however, the district is not required to 
            admit the pupil to its schools.  Either the sending district 
            or receiving district may prevent a transfer under this law if 
            the transfer would exacerbate racial segregation.  Once 
            established on the basis of parental employment, this 
            authorization allows a parent to maintain a pupil's enrollment 








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            through the 12th grade.  This section is scheduled to sunset 
            on July 1, 2012.  (Education Code Section 48204(b))

          2)The governing board of each school district shall fix the 
            length of the schoolday for the grades and classes of the 
            schools maintained by the district.  (Education Code Section 
            46100)  

           FISCAL EFFECT  :   This bill is keyed non-fiscal by the 
          Legislative Counsel. 

           COMMENTS  :   Current law provides several means to authorize a 
          pupil who resides in one school district to attend public school 
          in another district.  This bill extends the sunset date for 
          existing law that authorizes a parent to enroll their child in 
          the district where they are physically employed rather than 
          where they live.  The extension of this enrollment option may 
          give more opportunity for parent involvement by continuing to 
          allow a pupil with a parent or legal guardian physically 
          employed within the district area to attend a school in that 
          district.  This bill also requires a parent or legal guardian of 
          a pupil that is physically employed within the boundaries of 
          that district to work for a minimum of 10 hours during the 
          school week, in order to use this authorization.  Existing law 
          requires that the parent or legal guardian only be physically 
          employed within the boundaries of the district and does not 
          specify a time requirement.  

          According to the author, continuing to provide parents and legal 
          guardians with the flexibility of enrolling their children in 
          school near their workplaces, gives them an opportunity to 
          participate in their children's education.  The author supports 
          this argument with the example that parents and guardians who 
          must commute long distances to work have the opportunity to 
          attend school events or parent-teacher meetings and remain 
          involved in the educational community.  This measure simply 
          extends an option that has been available to working parents.  
          This option has proven to be invaluable to families and should 
          be continued.  

          Arguments in Support:  According to the Los Angeles Unified 
          School District (LAUSD), this bill "would extend the option of 
          parents to seek an inter-district permit based on their 
          employment location."  LAUSD also states that requiring 








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          employment to "occur during the majority of the hours that a 
          pupil is scheduled to be in school?prevents parents who only 
          work on weekends from seeking a permit based on employment." 

          Previous legislation:  SB 170 (Denham) Chapter 33, Statutes of 
          2007, extended, until July 1, 2011, the authorization to enroll 
          a student in a district where a parent is employed.

          SB 136 (Denham) which was held at the author's request in the 
          Assembly Education Committee in 2005, would have required the 
          parent(s) or legal guardian(s) of a pupil to be employed within 
          the boundaries of the district and for employment to include a 
          minimum of 20 hours per week within the boundaries of that 
          school district. 


           Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087 


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