Bill Text: CA AB2949 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pupil residency: pupils of military families.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-10 - Chaptered by Secretary of State - Chapter 327, Statutes of 2018. [AB2949 Detail]
Download: California-2017-AB2949-Amended.html
Bill Title: Pupil residency: pupils of military families.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-10 - Chaptered by Secretary of State - Chapter 327, Statutes of 2018. [AB2949 Detail]
Download: California-2017-AB2949-Amended.html
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Amended
IN
Assembly
April 03, 2018 |
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Amended
IN
Assembly
March 13, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2949 |
| Introduced by Assembly Member Gloria |
February 16, 2018 |
An act to add Section 48204.6 to the Education Code, relating to pupil residency.
LEGISLATIVE COUNSEL'S DIGEST
AB 2949, as amended, Gloria.
Pupil residency: pupils of military families.
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 is deemed to have complied with the residency requirements for school attendance in a school district if the pupil satisfies one of specified requirements. Existing law provides that a pupil complies with the residency requirements for school attendance in a school district if the pupil’s parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order.
This bill would require local educational agencies, as defined, to allow a pupil who is a
child of a military family to continue attending his or her school of origin, as defined, regardless of any change of residence of the military family or the end of military service of the pupil’s parent, as specified. The bill would require a local educational agency with a “last in, first out” policy or practice prioritizing the order in which pupils are forced to change schools due to class or school capacity limits to include a category for pupils of active duty military parents within the established priority system, with the intent of minimizing school disruption for the pupil. By requiring local educational agencies to allow pupils of military families who no longer satisfy the residency requirement to attend their schools of origin, 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 48204.6 is added to the Education Code, to read:48204.6.
(a) For purposes of this section, the following definitions apply:(1) “Local educational agency” means a county office of education, a school district, or a charter school.
(2) “Pupil who is a child of a military family” means a pupil who meets the definition of “children of military families” in Section 49701.
(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 child of a military family shall do either of the following:
(1) Allow the pupil to continue his or her education in the school of origin for the duration of the school year, regardless of any change of residence of the military family during that school year.
(2) For a pupil whose status changes due to the end of military service of his or her parent 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 10,
inclusive, allow the pupil to continue his or her education in the school of origin through the duration of that school year.
(B) If the child is enrolled in grade 11 or 12, allow the pupil to continue his or her education in the school of origin through graduation.
(c) (1)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) to attend a school pursuant to this section.
(2)Paragraph (1) does not prohibit a local educational agency from, at its discretion, providing transportation services to allow a pupil subject to paragraph (1) or (2) of subdivision (b) to attend a school pursuant to this section.
(d)In the case of a local educational agency that has a “last in, first out” policy or practice prioritizing the order in which pupils are forced to change schools due to class or school capacity limits,
the local educational agency shall include a category for pupils of active duty military parents within the established priority system, with the intent of minimizing school disruptions for the pupil.
