Bill Text: CA AB2537 | 2015-2016 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: AB 2537	AMENDED
	BILL TEXT

	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, as amended, O'Donnell.  Pupils.  
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.  
   Existing law requires each person between the ages of 6 and 18
years not exempted under specific provisions to be subject to
compulsory full-time education.  
   This bill would express the intent of the Legislature to enact
legislation relating to pupils in kindergarten and any of grades 1 to
12, inclusive. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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. 
   (1) 
    (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. 
   (2) 
    (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. 
   (3) 
    (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. 
   (4) 
    (   5)  The governing board of a school
district that prohibits the transfer of a pupil pursuant to paragraph
 (1), (2), or (3)   (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. 
   (5) 
    (6)  The average daily attendance for pupils admitted
pursuant to this subdivision is calculated pursuant to Section 46607.

   (6)
    (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. 
   (7) 
    (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
 (1) to (6),   (2) to (7),  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 2.5 of Chapter 554
of the Statutes of 2015, is repealed. 
   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 (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) This section shall become operative on July 1, 2017. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation relating to pupils in kindergarten and any of
grades 1 to 12, inclusive.