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SB-257 School admissions: pupil residency: pupils of deported parents: residents of adjoining foreign country: school district reimbursement.(2017-2018)

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Date Published: 07/18/2017 09:00 PM
SB257:v95#DOCUMENT

Amended  IN  Assembly  July 18, 2017
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


Introduced by Senator Lara

February 07, 2017


An act to amend Section 48052 of, and to add Section 48204.4 to 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. parents: residents of adjoining foreign country: school district reimbursement.

Existing

(1) 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, removed, 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 pupil 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.
(2) Existing law authorizes a person who is otherwise eligible for admission to any class or school of a school district of the state, whose parents are or are not citizens of the United States, to be admitted to the class or school if that person’s actual and legal residence is in a foreign country adjacent to the state and that person regularly returns within a 24-hour period to that foreign country. As a condition precedent to admission of that person to the class or school, existing law requires that the governing board of the school district require the parent or guardian to pay to the school district an amount not more than sufficient to reimburse the school district for the total cost of educating the person, as provided. Existing law additionally provides that the attendance of the pupils so admitted shall not be included in computing the average daily attendance of the class or school for the purpose of obtaining apportionment of state funds.
This bill would exempt from these reimbursement requirements a pupil that is admitted pursuant to (1) above and would require these pupils to be included in computing the average daily attendance of the school for the purpose of obtaining apportionment of state funds.

The

(3) 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 48052 of the Education Code is amended to read:

48052.
 (a) The governing board of the school district shall, as a condition precedent to the admission of any person, under Section 48051, require the parent or guardian of such person to pay to the school district an amount not more than sufficient to reimburse the school district for the total cost of educating the person, incuding including the total of the amounts expended per pupil for the current expenses of education, the use of buildings and equipment, the repayment of local bonds and interest payments and state building loan funds, capital outlay, and transportation to and from school. The per pupil cost attributable to capital outlay shall be on the basis of an average expenditure for the preceding five years. The cost of transportation shall not exceed ten dollars ($10) per month. Tuition payments shall be made in advance for each month or semester during the period of attendance. If the amount paid is more or less than the total cost of education and transportation, adjustment shall be made for the following semester or school year. The attendance of the pupils shall not be included in computing the average daily attendance of the class or school for the purpose of obtaining apportionment of state funds. The school district shall not be eligible for nonimmigrant or noncitizen reimbursement under the provisions of Chapter 11 (commencing with Section 42900) of Part 24 of Division 3 of this title, Article 2 (commencing with Section 56865) of Chapter 6 of Part 30 of this division for these students. pupils.
(b) This section is inapplicable to a pupil attending a school in a school district pursuant to Section 48204.4 and the pupil shall be included in computing the average daily attendance of the school for the purpose of obtaining apportionment of state funds.

SECTION 1.SEC. 2.

 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 removed, or permitted to depart voluntarily, 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 pupil meets both of the following requirements:
(1) The person pupil has a parent or guardian who has been deported removed or was permitted to depart voluntarily pursuant to the federal Immigration and Nationality Act (8 U.S.C. Sec. 1229c). The person pupil shall provide documentation from the United States Citizenship and Immigration Services Department of Homeland Security evidencing the deportation removal or voluntary departure of his or her parent or guardian.
(2) The person pupil moved abroad as a result of the deportation removal or voluntary departure of his or her parent or guardian and lived in California immediately before moving abroad. The person pupil shall provide information and evidence demonstrating that the person previously lived in California. pupil was enrolled in a public school in California immediately before moving abroad.
(b) The parent or guardian of a person pupil subject to subdivision (a) may designate a United States citizen an adult 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.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.