Bill Text: CA SB200 | 2015-2016 | Regular Session | Chaptered
Bill Title: Pupils: school district residency requirements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-08-11 - Chaptered by Secretary of State. Chapter 174, Statutes of 2015. [SB200 Detail]
Download: California-2015-SB200-Chaptered.html
BILL NUMBER: SB 200 CHAPTERED
BILL TEXT
CHAPTER 174
FILED WITH SECRETARY OF STATE AUGUST 11, 2015
APPROVED BY GOVERNOR AUGUST 11, 2015
PASSED THE SENATE APRIL 30, 2015
PASSED THE ASSEMBLY JULY 16, 2015
AMENDED IN SENATE MARCH 25, 2015
INTRODUCED BY Senator Lara
(Principal coauthor: Assembly Member Bonilla)
FEBRUARY 10, 2015
An act to amend Section 48204 of the Education Code, relating to
pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 200, Lara. Pupils: school district residency requirements.
Existing law requires persons between 6 and 18 years of age,
inclusive, to attend a public school within the school district in
which the pupil's parent or legal guardian resides, unless otherwise
exempted. Existing law provides that a pupil complies with a school
district's residency requirements for school attendance in that
school district if the pupil meets one of the specified requirements.
This bill would provide that a pupil complies with a school
district's residency requirements in instances where the pupil's
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 3 days during the school week. By requiring
a school district to allow those pupils to attend a public school
within the school district, thereby increasing the duties of a school
district, this 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48204 of the Education Code, as amended by
Section 1 of Chapter 93 of the Statutes of 2012, 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 (e) and (f) 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) 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.
(1) 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.
(2) 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.
(3) 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.
(4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) 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.
(5) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
(6) 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.
(7) 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 (1) to (6), inclusive.
(c) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 48204 of the Education Code, as amended by Section
2 of Chapter 93 of the Statutes of 2012, 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:
(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 the 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 (e) and (f) 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) This section shall become operative on July 1, 2017.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
