Bill Text: CA SB257 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School admissions: pupil residency: pupils of departed parents: residents of adjoining state or foreign country: school district reimbursement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-10-05 - Chaptered by Secretary of State. Chapter 498, Statutes of 2017. [SB257 Detail]

Download: California-2017-SB257-Amended.html

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Amended  IN  Senate  May 26, 2017

Amended  IN  Senate  May 03, 2017

Amended  IN  Senate  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 257

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Introduced by Senator Lara

February 07, 2017

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An act to add Section 48204.4 to the Education Code, relating to school admissions.

LEGISLATIVE COUNSEL'S DIGEST

SB 257, as amended, Lara. School admissions: pupil residency: pupils of deported parents.

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 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 authorizes a resident of a foreign country adjacent to this state, otherwise eligible for admission to a class or school of a school district, who regularly returns within a 24-hour period to the foreign country, to be admitted to a class or school by the governing board of the school district.

This bill would provide that a pupil complies with the residency requirement for school attendance in a school district if he or she is a pupil whose parent or parents were residents of this state and were deported, or voluntarily departed pursuant to a specified federal law, and, if the pupil seeks admission to a class or school of a school district, requires that the pupil be admitted by the governing board of the school district if that person meets specified requirements. By requiring school districts to admit this class of pupils, the bill would impose a state-mandated local program. The bill would provide that no charges or fees of any kind shall be required to be paid by a pupil, or by his or her parents or guardian, for admission or attendance in a class or school of a school district that provides instruction in accord with the bill’s requirements.

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: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 48204.4 is added to the Education Code, to read:

48204.4.

 (a) A pupil complies with the residency requirements for school attendance in a school district if he or she is a pupil whose parent or parents were residents of this state and have been deported and, if the pupil seeks admission to a class or school of a school district, shall be admitted by the governing board of the school district regardless of his or her current residency, if that person meets the following requirements:

(1) The person has a parent or guardian who has been deported or was permitted to depart voluntarily pursuant to the federal Immigration and Nationality Act (8 U.S.C. Sec. 1229c). The person shall provide documentation from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.

(2) The person moved abroad as a result of the deportation or voluntary departure and lived in California immediately before moving abroad. The person shall provide information and evidence demonstrating that the person previously lived in California.

(b) The parent or guardian of a person subject to subdivision (a) may designate a United States citizen to attend school meetings and serve as an emergency contact.

(c) No charges or fees of any kind shall be required to be paid by a pupil, or by his or her parents or guardian, for admission or attendance in a class or school of a school district that provides instruction in accord with the requirements of this section.

SEC. 2.

 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.