Code Section

Education Code - EDC

TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 64100]

  ( Title 2 enacted by Stats. 1976, Ch. 1010. )
  

DIVISION 4. INSTRUCTION AND SERVICES [46000 - 64100]

  ( Division 4 enacted by Stats. 1976, Ch. 1010. )
  

PART 27. PUPILS [48000 - 49704]

  ( Part 27 enacted by Stats. 1976, Ch. 1010. )
  

CHAPTER 2. Compulsory Education Law [48200 - 48361]

  ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )
  

ARTICLE 1. Persons Included [48200 - 48208]
  ( Article 1 enacted by Stats. 1976, Ch. 1010. )

  
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 departed California against their will, as defined in subdivision (d), and, if the pupil seeks admission to a 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 pupil meets both of the following requirements:

(1) The pupil has a parent or guardian who departed California against his or her will, as defined in subdivision (d). The pupil shall provide official documentation evidencing the departure of his or her parent or guardian.

(2) The pupil moved outside of California as a result of his or her parent or guardian departing California against his or her will, as defined in subdivision (d), and the pupil lived in California immediately before moving outside of California. The pupil shall provide information and evidence demonstrating that the pupil was enrolled in a public school in California immediately before moving outside of California.

(b) The parent or guardian of a pupil subject to subdivision (a) may designate 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 school of a school district that provides instruction in accord with the requirements of this section.

(d) (1) For purposes of this section, a person has “departed California against his or her will” if any of the following circumstances apply:

(A) The person was in custody of a government agency and was transferred to another state.

(B) The person was subject to a lawful order from a court or government agency that authorized the person’s removal from California.

(C) The person was subject to a lawful order pursuant to subparagraph (B) and was permitted to depart California before being removed from California pursuant to the lawful order.

(D) The person was removed or is permitted to depart voluntarily pursuant to the federal Immigration and Nationality Act (8 U.S.C. Sec. 1229c).

(2) A school district may determine additional circumstances that are consistent with the purposes of this section.

(Added by Stats. 2017, Ch. 498, Sec. 3. (SB 257) Effective January 1, 2018.)