Bill Text: CA SB859 | 2023-2024 | Regular Session | Amended
Bill Title: Pupil residency: residency investigations: evictions: victims of violent crime or natural disaster.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB859 Detail]
Download: California-2023-SB859-Amended.html
|
Amended
IN
Senate
March 21, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 859
| Introduced by Senator Alvarado-Gil |
February 17, 2023 |
An act to amend Section 70 of 48204.1 of, and to add Sections 48204.25 and 48204.8 to, the Education Code, relating to elementary and secondary education. pupil attendance.
LEGISLATIVE COUNSEL'S DIGEST
SB 859, as amended, Alvarado-Gil.
Elementary and secondary education: definitions: writing. Pupil residency: residency investigations: evictions: victims of violent crime or natural disaster.
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 complies with the residency requirements for school attendance in a school district if the pupil satisfies one of specified requirements. Existing law requires a school district to accept from the parent or legal guardian of a pupil reasonable evidence, to be established by documentation, that the pupil meets the residency requirements for school attendance in the school district, as provided. Existing law authorizes a school district to make reasonable efforts to determine that a pupil actually meets the residency
requirements, as specified, if an employee of the school district reasonably believes that the parent or legal guardian of the pupil has provided false or unreliable evidence of residency.
This bill would prohibit a school district from requiring updated proof of residency for a pupil who has been evicted or is a victim of violent crime or natural disaster, as defined, and whose parent or guardian previously established residency. The bill would explicitly prohibit a school district from seeking or imposing monetary, civil, or criminal penalties upon a pupil who has been evicted or is the victim of a violent crime or natural disaster, or that pupil’s parent or guardian, for failing to update their proof of residency.
Existing law requires local educational agencies to allow a pupil who is a child of a military family,
as defined, and a pupil who is a migratory child, as defined, to continue attending the pupil’s school of origin, regardless of changes in residency, as provided.
This bill would require local educational agencies serving pupils in kindergarten or any of grades 1 to 8, inclusive, to allow a pupil who has been evicted or is the victim of a violent crime or natural disaster, as defined, to allow the pupil to continue their education in the school of origin through the duration of that academic school year. The bill would also require local educational agencies serving high school pupils to allow a pupil who has been evicted or is the victim of a violent crime or natural disaster to continue their education in the school or origin through graduation. By requiring local educational agencies to allow pupils who have been evicted or are victims of a violent crime or natural disaster 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.
Existing law establishes the Education Code and sets forth general provisions, rules of construction, and definitions that govern its construction. For purposes of the code, existing law defines “writing” to include any form of recorded message capable of comprehension by ordinary visual means and requires a notice, report, statement, or record that is required or authorized by the code to be made in writing in the English language, unless it is expressly provided otherwise.
This bill would make nonsubstantive changes to those provisions regarding the definition of “writing” and related requirements for purposes of the Education Code.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 48204.1 of the Education Code is amended 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(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 Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2) et seq.), 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 the unaccompanied youth’s parent or legal guardian.
(f) (1) Updated proof of residency shall not be required for a pupil who has been evicted or is a victim of violent crime or natural disaster, and whose parent or guardian previously established residency pursuant to subdivision (a).
(2) For purposes of this subdivision, “a pupil who is a victim of violent crime or natural disaster” means a pupil who has been, or whose parents or guardians have been, displaced as result of becoming a victim of violent crime, including domestic violence, or natural disasters, and who can verify, through police reports or verifiable records, the reason for the displacement.
SEC. 2.
Section 48204.25 is added to the Education Code, to read:48204.25.
(a) Notwithstanding any other law, a school district shall not seek or impose monetary, civil, or criminal penalties upon a pupil who has been evicted or is a victim of violent crime or natural disaster, or that pupil’s parent or guardian, for failing to update their proof of residency.(b) For purposes of this section, “a pupil who is a victim of violent crime or natural disaster” means a pupil who has been, or whose parents or guardians have been, displaced as result of becoming a victim of violent crime, including domestic violence, or natural disasters, and who can verify, through police reports or verifiable records, the reason for the displacement.
SEC. 3.
Section 48204.8 is added to the Education Code, to read:48204.8.
(a) For purposes of this section, the following definitions apply:(1) “A pupil who is a victim of violent crime or natural disaster” means a pupil who has been, or whose parents or guardians have been, displaced as result of becoming a victim of violent crime, including domestic violence, or natural disasters, and who can verify, through police reports or verifiable records, the reason for the displacement.
(2) “Local educational agency” means a county office of education, school district, or charter school.
(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 has been evicted or is a victim of violent crime or natural disaster shall comply with either of the following, as applicable:
(1) If the pupil is enrolled in kindergarten or any of grades 1 to 8, inclusive, allow the pupil to continue their education in the school of origin through the duration of that academic school year.
(2) If the child is enrolled in high school, allow the pupil to continue their education in the school of origin through graduation.
(c) Unless otherwise required by federal law, this section does not require a local educational agency to provide transportation services to allow a pupil to attend a school pursuant to this
section.
SEC. 4.
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.(a)Writing includes any form of recorded message capable of comprehension by ordinary visual means. If a notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.
(b)If a notice or other communication is required by this code to be mailed by registered mail by or to
a person or corporation, the mailing of the notice or other communication by certified mail shall be deemed to be sufficient compliance with the requirements of law.
