SB 859

Bill Subjects

Pupil Residency Evictions Residency Investigations Victims Of Violent Crime Or Natural Disaster

Abstract

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 a school district to accept from the parent or legal guardian of a pupil reasonable evidence, to be established by documentation, that the pupil meets the residency requirements for school attendance in the school district, as provided. Existing law authorizes a school district to make reasonable efforts to determine that a pupil actually meets the residency requirements, as specified, if an employee of the school district reasonably believes that the parent or legal guardian of the pupil has provided false or unreliable evidence of residency. This bill would prohibit a school district from requiring updated proof of residency for a pupil who has been evicted or is a victim of violent crime or natural disaster, as defined, and whose parent or guardian previously established residency. The bill would explicitly prohibit a school district from seeking or imposing monetary, civil, or criminal penalties upon a pupil who has been evicted or is the victim of a violent crime or natural disaster, or that pupil's parent or guardian, for failing to update their proof of residency. Existing law requires local educational agencies to allow a pupil who is a child of a military family, as defined, and a pupil who is a migratory child, as defined, to continue attending the pupil's school of origin, regardless of changes in residency, as provided. This bill would require local educational agencies serving pupils in kindergarten or any of grades 1 to 8, inclusive, to allow a pupil who has been evicted or is the victim of a violent crime or natural disaster, as defined, to allow the pupil to continue their education in the school of origin through the duration of that academic school year. The bill would also require local educational agencies serving high school pupils to allow a pupil who has been evicted or is the victim of a violent crime or natural disaster to continue their education in the school or origin through graduation. By requiring local educational agencies to allow pupils who have been evicted or are victims of a violent crime or natural disaster who no longer satisfy the residency requirement to attend their schools of origin, 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.