Bill Text: CA AB2537 | 2015-2016 | Regular Session | Chaptered
Bill Title: Pupils: school attendance: residency requirements.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2016-07-25 - Chaptered by Secretary of State - Chapter 106, Statutes of 2016. [AB2537 Detail]
Download: California-2015-AB2537-Chaptered.html
BILL NUMBER: AB 2537 CHAPTERED
BILL TEXT
CHAPTER 106
FILED WITH SECRETARY OF STATE JULY 25, 2016
APPROVED BY GOVERNOR JULY 25, 2016
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member O'Donnell
(Coauthor: Assembly Member Olsen)
(Coauthor: Senator Pavley)
FEBRUARY 19, 2016
An act to amend and repeal Section 48204 of the Education Code,
relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2537, O'Donnell. Pupils: school attendance: residency
requirements.
Existing law provides that a pupil is deemed to have complied with
the residency requirements for school attendance in a school
district if the pupil satisfies one of the specified requirements.
Until July 1, 2017, existing law authorizes a school district within
the boundaries of which at least one parent or the legal guardian of
a pupil is physically employed for a minimum of 10 hours during the
school week to allow that pupil to attend a school in that school
district through grade 12 if the parent or legal guardian of the
pupil so chooses and if the parent or legal guardian of the pupil
continues to be physically employed by an employer situated within
the attendance boundaries of the school district.
This bill would indefinitely extend the operation of the provision
authorizing the school district within the boundaries of which a
parent or legal guardian of a pupil is physically employed for a
minimum of 10 hours during the school week to allow that pupil to
attend a school in that school district.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48204 of the Education Code, as amended by
Section 1.5 of Chapter 554 of the Statutes of 2015, is amended to
read:
48204. (a) Notwithstanding Section 48200, a pupil complies with
the residency requirements for school attendance in a school
district, if he or she is any of the following:
(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(B) An agency placing a pupil in a home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(2) A pupil who is a foster child who remains in his or her school
of origin pursuant to subdivisions (f) and (g) of Section 48853.5.
(3) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(4) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(5) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(6) A pupil residing in a state hospital located within the
boundaries of that school district.
(7) A pupil whose parent or legal guardian resides outside of the
boundaries of that school district but is employed and lives with the
pupil at the place of his or her employment within the boundaries of
the school district for a minimum of three days during the school
week.
(b) (1) A school district may deem a pupil to have complied with
the residency requirements for school attendance in the school
district if at least one parent or the legal guardian of the pupil is
physically employed within the boundaries of that school district
for a minimum of 10 hours during the school week.
(2) This subdivision does not require the school district within
which at least one parent or the legal guardian of a pupil is
employed to admit the pupil to its schools. A school district shall
not, however, refuse to admit a pupil under this subdivision on the
basis, except as expressly provided in this subdivision, of race,
ethnicity, sex, parental income, scholastic achievement, or any other
arbitrary consideration.
(3) The school district in which the residency of either the
parents or the legal guardian of the pupil is established, or the
school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the school district determines
that the transfer would negatively impact the court-ordered or
voluntary desegregation plan of the school district.
(4) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
school district determines that the additional cost of educating the
pupil would exceed the amount of additional state aid received as a
result of the transfer.
(5) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (2), (3), or (4) is
encouraged to identify, and communicate in writing to the parents or
the legal guardian of the pupil, the specific reasons for that
determination and is encouraged to ensure that the determination, and
the specific reasons for the determination, are accurately recorded
in the minutes of the board meeting in which the determination was
made.
(6) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
(7) Unless approved by the sending school district, this
subdivision does not authorize a net transfer of pupils out of a
school district, calculated as the difference between the number of
pupils exiting the school district and the number of pupils entering
the school district, in a fiscal year in excess of the following
amounts:
(A) For a school district with an average daily attendance for
that fiscal year of less than 501, 5 percent of the average daily
attendance of the school district.
(B) For a school district with an average daily attendance for
that fiscal year of 501 or more, but less than 2,501, 3 percent of
the average daily attendance of the school district or 25 pupils,
whichever amount is greater.
(C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
school district or 75 pupils, whichever amount is greater.
(8) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district the boundaries of which
include the location where at least one parent or the legal guardian
of a pupil is physically employed, the pupil does not have to reapply
in the next school year to attend a school within that school
district and the governing board of the school district shall allow
the pupil to attend school through grade 12 in that school district
if the parent or legal guardian so chooses and if at least one parent
or the legal guardian of the pupil continues to be physically
employed by an employer situated within the attendance boundaries of
the school district, subject to paragraphs (2) to (7), inclusive.
SEC. 2. Section 48204 of the Education Code, as amended by Section
2.5 of Chapter 554 of the Statutes of 2015, is repealed.
