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AB-1319 Migrant education: pupil residency.(2019-2020)

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Date Published: 10/02/2019 09:00 PM
AB1319:v95#DOCUMENT

Assembly Bill No. 1319
CHAPTER 458

An act to add Section 48204.7 to the Education Code, relating to migrant education.

[ Approved by Governor  October 02, 2019. Filed with Secretary of State  October 02, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1319, Arambula. Migrant education: pupil residency.
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 the State Board of Education to adopt a state master plan for services to migrant children.
This bill would require local educational agencies, as defined, to allow a pupil who is a migratory child, as defined, to continue attending their school of origin, as defined, or a school within the school district of origin, as provided, regardless of any change of residence of the pupil, as specified. By requiring local educational agencies to allow pupils who are migratory children who no longer satisfy the residency requirement to attend their schools of origin or a school within the school district of origin, the bill would impose a state-mandated local program.
This bill also would require a local educational agency to inform a pupil who is a migratory child and that pupil’s parent or guardian of the impact of remaining in the school of origin on the eligibility of that pupil to receive migrant education services, as specified. By adding to the duties of local educational agencies, 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 48204.7 is added to the Education Code, to read:

48204.7.
 (a) For purposes of this section, the following defion of the pupil’s status as a pupil who is a migratory child.
(2) For a pupil whose status changes as a pupil who is a migratory child during a school year, comply with either of the following, as applicable:
(A) 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.
(B) If the child is enrolled in high school, allow the pupil to continue their education in the school of origin through graduation.
(c) To ensure that a pupil who is a migratory child has the benefit of matriculating with their peers in accordance with the established feeder patterns of school districts, the following apply:
(1) If the pupil who is a migratory child is transitioning between school grade levels, the local educational agency shall allow the pupil who is a migratory child to continue in the school district of origin in the same attendance area.
(2) If the pupil who is a migratory child is transitioning to a middle school or high school and the school designated for matriculation is in another school district, the local educational agency shall allow the pupil who is a migratory child to continue to the school designated for matriculation in that school district.
(3) The new school shall immediately enroll the pupil who is a migratory child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms.
(d) Unless otherwise required by federal law, this section does not require a local educational agency to provide transportation services to allow a pupil subject to paragraph (1) or (2) of subdivision (b) or subdivision (c) to attend a school pursuant to this section.
(e) This section does not require a local educational agency to provide a pupil who is a migratory child with a program with online instruction as a substitute for physical attendance.
(f) A local educational agency shall inform a pupil who is a migratory child and that pupil’s parent or guardian of the impact of remaining in the school of origin on the eligibility of that pupil to receive migrant education services, as described in Article 3 (commencing with Section 54440) of Chapter 4 of Part 29.

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.