Bill Text: CA AB207 | 2011-2012 | Regular Session | Chaptered

California Assembly Bill 207 (Prior Session Legislation)

Bill Title: School attendance: residency requirements.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2011-10-03 - Chaptered by Secretary of State - Chapter 435, Statutes of 2011. [AB207 Detail]

Download: California-2011-AB207-Chaptered.html

BILL NUMBER: AB 207	CHAPTERED
	BILL TEXT

	CHAPTER  435
	FILED WITH SECRETARY OF STATE  OCTOBER 3, 2011
	APPROVED BY GOVERNOR  OCTOBER 3, 2011
	PASSED THE SENATE  AUGUST 22, 2011
	PASSED THE ASSEMBLY  AUGUST 29, 2011
	AMENDED IN SENATE  JUNE 8, 2011

INTRODUCED BY   Assembly Member Ammiano

                        JANUARY 31, 2011

   An act to add Section 48204.1 to, and to repeal Section 48204.6
of, the Education Code, relating to school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 207, Ammiano. School attendance: residency requirements.
   Existing law requires each 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 legal guardian is employed.
   This bill would require a school district to accept a wide range
of documents and representations from the parent or legal guardian of
a pupil living with his or her parent or legal guardian 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, statement, or payment receipts, pay stubs,
voter registration, correspondence from a government agency, or a
declaration of residency executed by the parent or legal guardian of
a pupil. The bill would, if an employee of a school district
reasonably believes that the parent or legal guardian of a pupil has
provided false or unreliable evidence of residency, authorize the
school district to make reasonable efforts to determine that the
pupil actually meets the residency requirements.
   The bill would specify that it not be construed as limiting access
to pupil enrollment in a school district as otherwise provided by
state and federal statutes and regulations.
   Existing law provides that any school district that is adjacent to
an international border may accept a wide range of documents and
representations from the parent or guardian of a pupil for purposes
of establishing residency in a school district, as specified.
Existing law requires those school districts to make reasonable
efforts to determine whether a pupil meets the residency requirements
if any employee of such a school district reasonably believes that
the parent or guardian of the pupil has provided false or unreliable
evidence of residency.
   This bill would repeal these provisions.


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
legal 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 for a pupil living with his or her parent or
legal guardian shall be established by documentation showing the name
and address of the parent or legal 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 legal
guardian of a pupil.
   (b) Nothing in this section shall be construed to require a parent
or legal guardian of a pupil to show all of the items of
documentation listed in paragraphs (1) to (7), inclusive, of
subdivision (a).
   (c) If an employee of a school district reasonably believes that
the parent or legal guardian of a pupil has provided false or
unreliable evidence of residency, the school district may make
reasonable efforts to determine that the pupil actually meets the
residency requirements set forth in Sections 48200 and 48204.
   (d) 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. This includes immediate
enrollment and attendance guaranteed to a homeless child or youth, as
defined in the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11434a(2)), without any proof of residency or other
documentation.
   (e) Consistent with Section 11432(g) of the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), proof of
residency of a parent within a school district shall not be required
for an unaccompanied youth, as defined in Section 11434a(6) of Title
42 of the United States Code. A school district shall accept a
declaration of residency executed by the unaccompanied youth in lieu
of a declaration of residency executed by his or her parent or legal
guardian.
  SEC. 2.  Section 48204.6 of the Education Code is repealed.