Bill Text: CA AB1319 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Migrant education: pupil residency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State - Chapter 458, Statutes of 2019. [AB1319 Detail]
Download: California-2019-AB1319-Amended.html
Bill Title: Migrant education: pupil residency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State - Chapter 458, Statutes of 2019. [AB1319 Detail]
Download: California-2019-AB1319-Amended.html
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Amended
IN
Senate
August 26, 2019 |
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Amended
IN
Assembly
March 14, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 1319
| Introduced by Assembly Members Arambula and Bonta |
February 22, 2019 |
An act to add Section 48204.7 to the Education Code, relating to migrant education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1319, as amended, Arambula.
Migrant education: pupil residency.
Existing law requires each person between 6 and 18 years of age not otherwise exempted to attend a public full-time day school or continuation school or classes in the school district where the residency of the person’s parent or legal guardian is located. Existing law provides that a pupil complies with the residency requirements for school attendance in a school district if the pupil satisfies one of specified requirements.
Existing law requires the State Board of Education to adopt a state master plan for services to migrant children.
This bill would require local educational agencies, as defined, to allow a pupil who is a migratory child, as defined, to continue attending their school of origin, as defined, or a school within the school district of origin, as provided, regardless of any change of
residence of the pupil, as specified. By requiring local educational agencies to allow pupils who are migratory children who no longer satisfy the residency requirement to attend their schools of origin or a school within the school district of origin, the bill would impose a state-mandated local program.
This bill also would require a local educational agency to inform a pupil who is a migratory child and that pupil’s parent or guardian of the impact of remaining in the school of origin on the eligibility of that pupil to receive migrant education services, as specified. By adding to the duties of local educational agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by
the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 48204.7 is added to the Education Code, to read:48204.7.
(a) For purposes of this section, the following definitions apply:(1) “Local educational agency” means a county office of education, school district, or charter school.
(2) “Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” in Section 54441.
(3) “School of origin” means the school in which the pupil is enrolled at the time that a change in residence occurs.
(b) Notwithstanding Section 48200, the local educational agency serving a pupil who
is a migratory child shall do either of the following:
(1) Allow the pupil to continue their education in the school of origin, regardless of any change of residence of the migratory child during that school year, for the duration of the pupil’s status as a pupil who is a migratory child.
(2) For a pupil whose status changes as a pupil who is a migratory child during a school year, comply with either of the following, as applicable:
(A) If the pupil is enrolled in kindergarten or any of grades 1 to 8, inclusive, allow the pupil to continue their education in the school of origin through the duration of that academic school year.
(B) If the child is
enrolled in high school, allow the pupil to continue their education in the school of origin through graduation.
(c) To ensure that a pupil who is a migratory child has the benefit of matriculating with their peers in accordance with the established feeder patterns of school districts, the following apply:
(1) If the pupil who is a migratory child is transitioning between school grade levels, the local educational agency shall allow the pupil who is a migratory child to continue in the school district of origin in the same attendance area.
(2) If the pupil who is a migratory child is transitioning to a middle school or high school,
school and the school designated for matriculation is in another school district, the local educational agency shall allow the pupil who is a migratory child to continue to the school designated for matriculation in that school district.
(3) The new school shall immediately enroll the pupil who is a migratory child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms.
(d) Unless otherwise required by federal law, this section does not require a local educational agency to provide transportation services to allow a pupil subject to paragraph (1) or (2) of subdivision (b) or subdivision (c) to attend a school pursuant to this section.
(e) This section does not require a local educational agency to provide a pupil who is a migratory child with a program with online instruction as a substitute for physical attendance.
(f) A local educational agency shall inform a pupil who is a migratory child and that pupil’s parent or guardian of the impact of remaining in
the school of origin on the eligibility of that pupil to receive migrant education services, as described in Article 3 (commencing with Section 54440) of Chapter 4 of Part 29.
