SB 257: School admissions: pupil residency: pupils of departed parents: residents of adjoining state or foreign country: school district reimbursement.

(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 persons 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.

This bill would provide that 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 departed California against their will, as defined, and, if the pupil seeks admission to a school of a school district, requires that the pupil be admitted by the governing board of the school district if that 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 school of a school district that provides instruction in accord with the bills 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 persons 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.

(3)Existing law authorizes the governing board of any school district to, with the approval of the county superintendent of schools, admit to the elementary and high schools of the district pupils living in an adjoining state which is contiguous to the school district provided that an agreement is entered into between the governing board and the governing board or authority of the school district in which the pupils reside providing for the payment by the latter of an amount sufficient to reimburse the district of attendance for the total cost of educating the pupil, as specified. In lieu of entering an agreement with the governing board or authority of the school district in which the pupil from the adjoining state resides, existing law authorizes the governing board of the school district in this state to enter an agreement with the parent or guardian of the pupil on the same terms as is provided in these provisions.

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.

(4)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.