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SB-257 School admissions: pupil residency: pupils of deported parents.(2017-2018)

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Date Published: 04/04/2017 09:00 PM
SB257:v98#DOCUMENT

Amended  IN  Senate  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 257


Introduced by Senator Lara

February 07, 2017


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 require that a person, otherwise eligible for admission to a class or school of a school district, whose parent or parents were residents of this state and have been deported, or voluntarily departed pursuant to a specified federal law, and who seeks admission to a class or school of a school district 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 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 person, otherwise eligible for admission to a class or school of a school district, whose parent or parents were residents of this state and have been deported and who seeks admission to a class or school of a school district shall be admitted by the governing board of the school district regardless of their 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 (18 (8 U.S.C. Sec. 1229c). A 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 site meetings and serve as an emergency contact.

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.