(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.

(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.

(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 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 removed, or voluntarily departed pursuant to a specified federal law, 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.

(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.

(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 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 removed, or voluntarily departed pursuant to a specified federal law, 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)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.

(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. 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 bills requirements.

(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.

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. 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, 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 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 bills requirements.

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.

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. 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 require that a person, otherwise eligible for admission to a class or school of a school district, 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 have been were deported, or voluntarily departed pursuant to a specified federal law, and who and, if the pupil seeks admission to a class or school of a school district district, requires that the pupil be admitted by the governing board of the school district if that person meets specified requirements. By requiring school districts to admit this class of pupils, 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.

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. 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 require that a person, otherwise eligible for admission to a class or school of a school district, whose parent or parents were residents of this state and have been deported, or voluntarily departed pursuant to a specified federal law, and who seeks admission to a class or school of a school district be admitted by the governing board of the school district if that person meets specified requirements. By requiring school districts to admit this class of pupils, 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.

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. 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 require that a person, otherwise eligible for admission to a class or school of a school district, whose parent or parents were residents of this state and have been deported, or voluntarily departed pursuant to a specified federal law, and who seeks admission to a class or school of a school district be admitted by the governing board of the school district if that person meets specified requirements. By requiring school districts to admit this class of pupils, 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.

 UNFINISHED BUSINESS  

Bill No: SB 257

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 4/26/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SENATE FLOOR: 31-6, 6/1/17

AYES: Allen, Atkins, Beall, Bradford, Cannella, De León, Dodd, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Newman, Nguyen, Pan, Portantino, Roth, Skinner, Stern, Vidak, Wieckowski, Wiener, Wilk

NOES: Anderson, Bates, Berryhill, Gaines, Morrell, Nielsen

NO VOTE RECORDED: Fuller, Moorlach, Stone

ASSEMBLY FLOOR: 61-11, 9/12/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill deems that a student meets residency requirements for school attendance in a school district if he or she is a student whose parent(s), were residents of California and have departed California against their will.

Assembly Amendments broaden the scope of the bill to include students whose parents have departed California against their will, as defined, including those who have been transferred to another state rather than applying solely to students whose parents were deported to an adjacent county. The amendments also make clarifying and technical, non-substantive changes.

ANALYSIS:

Existing law:

1. Requires students to attend the public full-time day school or continuation school or classes in the school district in which the residency of either the parent or legal guardian is located. (Education Code § 48200)
2. Requires reasonable evidence of residency to be established by documentation showing the name and address of the parent or legal guardian within the school district. (EC § 48204.1)
3. 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. (EC § 48051)

This bill:

1) Deems that a student meets residency requirements for school attendance in a school district if he or she is a student whose parent(s), were residents of California and have departed California against their will and if the student seeks admissions to a class or school of a school district to be admitted by the school district regardless of his or her current residency provided that the student meets the following requirements:

1. Has a parent or guardian who departed California against his or her will, as defined.
2. Provides official documentation evidencing the departure of his or her parent or guardian.
3. Moved outside of California as a result of his or her parent or guardian departing California against his or her will, as defined, and the student lived in California immediately before moving outside of California.
4. Provides information and evidence demonstrating that the student was enrolled in a public school in California immediately before moving outside of California.

2) Provides for a parent or guardian of the student to designate an adult to attend school meetings and serve as an emergency contact.

1. Prohibits a school district from levying any charges or fees to the student or his or her parent or guardian from admission or attendance in a school for students admitted under the bill’s provisions.
2. Defines a person who has departed California against his or her will as any of the following:
   1. A person who was in the custody of a government agency and was transferred to another state.
   2. A person who was subject to a lawful order from a court or government agency that authorized the person’s removal from California.
   3. A person who was subject to a lawful order for removal from California and was permitted to depart California before being removed pursuant to the lawful order.
   4. Any additional circumstances, determined by the school district, consistent with these purposes.
3. Exempts students eligible to attend school in a California school district under the provisions of this bill from the requirement that the school district of resident in a contiguous state enter into an agreement with the California school district of attendance to provide for payment of an amount sufficient to reimburse the school district of attendance for the total cost of educating the student, and allows the school district of attendance to include the student computing the average daily attendance for the purpose of obtaining state funds.
4. Exempts students eligible to attend school in a California school district under the provisions of this bill from the requirement that the parents or guardians of a student whose actual and legal residence is in a foreign country adjacent to California must pay the district an amount sufficient to reimburse the district from the total cost of educating the student and allows the school district of attendance to include the student computing the average daily attendance for the purpose of obtaining state funds.

Comments

1. Need for the bill. The 2010 National Census in Mexico identified 597,000 U.S.–born children and adolescents living in Mexico. According to the author, when parents are deported, the US-born children are often taken to the new country of residence so as to not break up the family. Often these children are not proficient enough in the Spanish language to succeed in Mexican schools and schools in Mexico are not equipped with resources to integrate these students with limited Spanish skills. Consequently, these students often fall behind in their coursework. A number of these youth will return to the U.S. as adults. The author asserts that by allowing children of deported parents to continue their education regardless if their parents are no longer residents of the state, will set these children up for greater success when they return to California.

This bill seeks to remove barriers for children of parents who departed California against his or her will, including being removed pursuant to an immigration order and who are otherwise eligible for admission and meet specified requirements, to continue their education in U.S. schools.

1. Related activity in higher education. The state has demonstrated a willingness to invest in children of parents who departed California against his or her will in continuing their education by qualifying them for the exemption from nonresident tuition at public postsecondary institutions. Specifically, SB 141 (Correa, Chapter 57, Statutes of 2013) required the California State University and California Community College districts, and requested the University of California to exempt from nonresident tuition charges, under certain circumstances, a U.S. citizen who moved abroad as a result of his/her parent's deportation or voluntary departure. This benefit is available to a qualifying student, regardless of the length of time the student has been separated from the U.S. following the parent’s deportation or voluntary departure. Presumably, the children who would benefit from this proposal could also benefit from the exemption from nonresident tuition at the state’s public higher education institutions.
2. Effect on schools? This bill requires school districts to admit California children who were forced to move outside the state as a result of their parent’s departure and regardless of their current residence. Presumably, a subset of these children would reside abroad and in close proximity to the U.S./Mexico border. The 2010 National Census in Mexico identified 597,000 U.S.–born children and adolescents living in Mexico. It’s unclear how many of these children are California born that could benefit from the proposal like the one outlined in this bill. It is likely that the schools near the U.S./Mexico border and schools that border neighboring states would be most impacted by this bill’s provisions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, unknown Proposition 98 General Fund costs, potentially in the high hundreds of thousands of dollars, to account for increased average daily attendance for students that would be able to attend school as a result of this bill. Unknown, but potentially significant fiscal impact to the Legal Services Revolving Fund. The Department of Justice anticipates increased workload from lawsuits challenging the education policies extending protections to nonresident pupils.

SUPPORT: (Verified 9/12/17)

American Academy of Pediatrics

California Catholic Conference, INC.

California Immigrant Policy Center

California Teachers Association

Coalition for Humane Immigrant Rights

Common Sense Kids Action

National Association of Social Workers, California Chapter

Public Advocates

OPPOSITION: (Verified 9/12/17)

None received

ASSEMBLY FLOOR: 61-11, 9/12/17

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Bigelow, Brough, Choi, Dahle, Fong, Gallagher, Harper, Mathis, Melendez, Obernolte, Patterson

NO VOTE RECORDED: Acosta, Travis Allen, Chen, Flora, Kiley, Mayes, McCarty

Prepared by:

9/13/17 10:19:26

**** END ****

SENATE THIRD READING

STR Bill Id:SB 257

Author:(Lara)

As Amended Ver:September 8, 2017

Majority vote

SENATE VOTE: 31-6

SUMMARY: Requires a school district to admit a pupil seeking admission, regardless of their residency, if the pupil provides official documentation that the parent or guardian departed California against their will. Specifically, this bill:

1. Specifies that a pupil meets the residency requirements for school attendance in a school district if his or her parents were residents of California and have departed California against their will, if the pupil meets both of the following requirements:
   1. The pupil has a parent or guardian who has departed California against his or her will and the pupil provides official documentation evidencing the departure of the 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 and the pupil lived in California immediately before moving outside of California, and provides evidence demonstrating that he or she was enrolled in a public school in California immediately before moving outside of California.
2. Defines a person who has departed California against his or her will as any of the following:
   1. A person who was in the custody of a government agency and was transferred to another state;
   2. A person who was subject to a lawful order from a court or government agency that authorized the person’s removal from California;
   3. A person who was subject to a lawful order for removal from California and was permitted to depart California before being removed pursuant to the lawful order;
   4. A person who was removed or was permitted to depart voluntarily pursuant to the federal Immigration and Nationality Act;
   5. Any additional circumstances, determined by the school district, consistent with these purposes.
3. Authorizes the parent or guardian of the pupil to designate an adult to attend school meetings and serve as an emergency contact.
4. Prohibits a school district from levying any charges or fees to the pupil or his or her parent or guardian for admission or attendance in a school for pupils admitted under these provisions.
5. Exempts pupils eligible to attend school in a California school district under the provisions of this bill from the requirement that the school district of residence in a contiguous state enter into an agreement with the California school district of attendance to provide for payment of an amount sufficient to reimburse the school district of attendance for the total cost of educating the pupil, and allows the school district of attendance to include the student in computing the average daily attendance for the purpose of obtaining state funds.
6. Exempts pupils eligible to attend school in a California school district under the provisions of this bill from the requirement that the parents or guardians of a pupil whose actual and legal residence is in a foreign country adjacent to California must pay the district an amount sufficient to reimburse the district for the total cost of educating the pupil and allows the school district of attendance to include the student in computing the average daily attendance for the purpose of obtaining state funds.

EXISTING LAW:

1. Requires students between the ages of six and eighteen years to attend the public full-time day school or continuation school or classes in the school district in which the residency of either the parent or legal guardian is located.
2. Requires reasonable evidence of residency to be established by documentation showing the name and address of the parent or legal guardian within the school district.
3. 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.
4. Requires the parent or guardian of a pupil admitted pursuant to (3) above, to pay the district an amount specified by the school district and deemed to be sufficient to reimburse the district for the total cost of educating the pupil.
5. Authorizes a school district to admit a pupil living in an adjoining state which is contiguous to the school district and requires that an agreement be entered into between the school district of attendance and either the school district in which the pupils reside, or the pupil's parent or guardian, providing for the payment of an amount sufficient to reimburse the district of attendance for the total cost of educating the pupil.

FISCAL EFFECT: According to the Assembly Appropriations Committee,

1. Unknown Proposition 98/General Fund costs, potentially in the high hundreds of thousands of dollars, to account for increased average daily attendance for students that would be able to attend school as a result of this bill.
2. Unknown, but potentially significant fiscal impact to the Legal Services Revolving Fund. The Department of Justice anticipates increased workload from lawsuits challenging the education policies extending protections to nonresident pupils.

COMMENTS: This bill would allow pupils who have moved out of California to attend any school in California regardless of their residency, without being required to pay any tuition or fees, if they have moved to a contiguous state or country as a result of their parent or guardian leaving the state against their will.

It is unclear which pupils or how many such pupils would qualify under the provisions of this bill.

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087 FN: 0002147

SENATE THIRD READING

STR Bill Id:SB 257

Author:(Lara)

As Amended Ver:August 21, 2017

Majority vote

SENATE VOTE: 31-6

SUMMARY: Requires a school district to admit a pupil seeking admission, regardless of their residency, if the pupil provides official documentation that the parent or guardian has been removed from the United States or was permitted to depart voluntarily; and that pupil moved abroad, but was enrolled in a public school in California immediately before moving abroad. Specifically, this bill:

1. Specifies that a pupil meets the residency requirements for school attendance in a school district if he or she is a pupil whose parents or guardians were residents of California and who have been removed or were permitted to leave voluntarily pursuant to the federal Immigration and Nationality Act.
2. Requires a school district to admit a pupil who is seeking admission to a school, regardless of his or her current residency, if the pupil meets both of the following requirements:
   1. The pupil provides official documentation showing they have a parent or guardian who has been removed or was permitted to depart voluntarily.
   2. The pupil moved abroad as a result of the removal or voluntary departure of the parent or guardian and provides information and evidence demonstrating that the pupil was enrolled in a public school in California immediately before moving abroad.
3. Authorizes the parent or guardian of the pupil to designate an adult to attend school meetings and serve as an emergency contact.
4. Exempts pupils attending schools under these provisions from paying school district tuition as a foreign resident.
5. Specifies that a pupil attending a school pursuant to these provisions is included in calculations of average daily attendance for the purposes of obtaining apportionment of state funds.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Unknown Proposition 98/General Fund costs, potentially in the high hundreds of thousands of dollars, to account for increased average daily attendance for students that would be able to attend school as a result of this bill.
2. Unknown, but potentially significant fiscal impact to the Legal Services Revolving Fund. The Department of Justice anticipates increased workload from lawsuits challenging the education policies extending protections to nonresident pupils.

COMMENTS: Existing state law requires students between the ages of six and eighteen years to attend school in the school district in which the residency of either the parent or legal guardian is located. State law also 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 school by the governing board of the school district, if the parent or guardian pays the district an amount specified by the school district and deemed to be sufficient to reimburse the district for the total cost of educating the pupil.

According to the author, "when parents are deported, they often take their children with them to the new country of residence so as to not break up the family. In California, we know there are parents who are deported to Mexico. In these instances, the children that are effectively forced to move out of the state with their parents are not always proficient enough in the Spanish language to succeed in Mexican schools. At the same time, schools in Mexico are not equipped with resources to integrate these students with limited Spanish skills into their classrooms. Consequently, these students are at risk of falling behind in their coursework and dropping out of school. A number of these youth will return to the United States as adults. By allowing children of deported parents to continue their education here and now, regardless of their residency status, we will set these students up for greater successes when they return to California."

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087 FN: 0001673

Date of Hearing: August 23, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 257

Author:(Lara) – As Amended Ver:August 21, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires a school district to admit a pupil seeking admission, regardless of their residency, if the pupil official documentation of the following: the parent or guardian has been removed or was permitted to depart voluntarily; and that pupil moved abroad, but was enrolled in a public school in California immediately before moving abroad. The bill also exempts the pupil from paying school district tuition as a foreign resident and instead adds the pupil to calculations of average daily attendance for the purposes of obtaining state funds.

FISCAL EFFECT:

1. Unknown Proposition 98/General Fund costs, potentially in the high hundreds of thousands of dollars, to account for increased average daily attendance for students that would be able to attend school as a result of this bill.
2. Unknown, but potentially significant fiscal impact to the Legal Services Revolving Fund. The Department of Justice anticipates increased workload from lawsuits challenging the education policies extending protections to nonresident pupils.

COMMENTS:

Background and Purpose. Existing state law requires students between the ages of six and eighteen years to attend the public full-time day school or continuation school or classes in the school district in which the residency of either the parent or legal guardian is located. State law also 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, if the parent or guardian pays the district an amount specified by the school district and deemed to be sufficient to reimburse the district for the total cost of educating the pupil.

According to the author, “when parents are deported, they often take their children with them to the new country of residence so as to not break up the family. In California, we know there are parents who are deported to Mexico. In these instances, the children that are effectively forced to move out of the state with their parents are not always proficient enough in the Spanish language to succeed in Mexican schools. At the same time, schools in Mexico are not equipped with resources to integrate these students with limited Spanish skills into their classrooms. Consequently, these students are at risk of falling behind in their coursework and dropping out of school. A number of these youth will return to the United States as adults. By allowing children of deported parents to continue their education here and now, regardless of their residency status, we will set these students up for greater successes when they return to California.”

Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081

Date of Hearing: July 12, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 257

Author:(Lara) – As Amended Ver:May 26, 2017

SENATE VOTE: 31-6

SUBJECT: School admissions: pupil residency: pupils of deported parents

SUMMARY: Requires a school district to admit a pupil seeking admission, regardless of their residency, if the pupil provides evidence that their parent or guardian has been deported or was permitted to depart voluntarily and that they previously lived in California. Specifically, this bill:

1. Specifies that a pupil meets the residency requirements for school attendance in a school district if he or she is a person whose parents or guardians were residents of California and who have been deported or were permitted to leave voluntarily pursuant to the federal Immigration and Nationality Act.
2. Requires a school district to admit a pupil who is seeking admission to a school, regardless of his or her current residency, if the person meets the following requirements:
   1. The person provides documentation from the U.S. Citizenship and Immigration Service showing they have a parent or guardian who has been deported or was permitted to depart voluntarily.
   2. The person moved abroad as a result of the deportation or voluntary departure of the parent or guardian and provides information and evidence demonstrating that the person previously lived in California.
3. Authorizes the parent or guardian of the pupil to designate a U.S. citizen to attend school meetings and serve as an emergency contact.
4. Prohibits a school district from levying any charges or fees for admission or attendance in a school for pupils admitted under these provisions.

EXISTING LAW:

1. Requires students between the ages of six and eighteen years to attend the public full-time day school or continuation school or classes in the school district in which the residency of either the parent or legal guardian is located. (EC 48200)
2. Requires reasonable evidence of residency to be established by documentation showing the name and address of the parent or legal guardian within the school district. (EC 48204.1)
3. 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. (EC 48051)
4. Requires the parent or guardian of a pupil admitted pursuant to (3) above, to pay the district an amount specified by the school district and deemed to be sufficient to reimburse the district for the total cost of educating the pupil. (EC 48052)

FISCAL EFFECT: According to the Senate Appropriations Committee, unknown Proposition 98 General Fund costs, potentially in the high hundreds of thousands of dollars, to account for increased average daily attendance for students that would be able to attend school as a result of this bill.

COMMENTS:

Need for the bill. According to the author, “when parents are deported, they often take their children with them to the new country of residence so as to not break up the family. In California, we know there are parents who are deported to Mexico. In these instances, the children that are effectively forced to move out of the state with their parents are not always proficient enough in the Spanish language to succeed in Mexican schools. At the same time, schools in Mexico are not equipped with resources to integrate these students with limited Spanish skills into their classrooms. Consequently, these students are at risk of falling behind in their coursework and dropping out of school. A number of these youth will return to the United States as adults. By allowing children of deported parents to continue their education here and now, regardless of their residency status, we will set these students up for greater successes when they return to California. SB 257 seeks to remove some of the barriers to education for children of deported parents. Offering a stable learning environment during a time of turmoil in these youths’ lives will allow them to stay on track to complete their formal education and become productive members of society.”

Defining eligible students. This bill would permit any pupil who was previously a resident of California and has moved abroad as a result of the deportation or voluntary departure of the parent or guardian to attend school in any California school district, upon the provision of documentation fulfilling these two conditions.

The 2010 National Census in Mexico identified 597,000 U.S.-born children and adolescents living in Mexico. It is unclear how many of these returned to Mexico due to the deportation of the parent or guardian or how many live in sufficiently close proximity to the U.S. border to allow them to cross the border daily to attend school in a California school district.

According to the San Diego County Office of Education, there are seven school districts within the county that are within 15 miles of the U.S.-Mexico border. Four of these districts allow a student who resides in Mexico to enroll and pay tuition, as permitted by current law. In Imperial County, the largest district along the Mexican border is the Calexico Unified School District. Calexico had one student enrolled and paying tuition in the 2015-16 school year, but did not have any students enrolled under these provisions in the most recent school year.

As the author’s intent is to remove the barriers to students continuing their U.S. education, staff recommends that the bill be amended to require that a pupil provide information and evidence demonstrating that they were enrolled in a public school in California immediately before moving abroad, rather than simply evidence of having lived in California.

Funding for educating students under these provisions. This bill prohibits school districts from requiring the payment of any charges or fees by the parent or guardian of the pupil admitted under these provisions. However, existing law specifies that a school district must require the parent or guardian of a pupil whose actual and legal residence is in a foreign country to pay tuition to the district in an amount sufficient to reimburse the district for the total cost of educating the pupil and further states that the pupil is not to be included in computing average daily attendance (ADA) of the school for the purposes of state apportionments.

To ensure that funding is available to the applicable school districts to educate pupils, staff recommends that the bill be amended to clarify that school districts are not required to charge tuition to pupils admitted under the provisions of this bill and that the pupils are to be included in computing ADA for purposes of calculating the school’s apportionment of state funding.

Staff recommends the following technical amendments to the bill:

1. Specify that the pupil is seeking admission to a school in a school district, rather than to a specific class in a school.
2. Specify that the term “person” be replaced with “pupil” throughout the bill for clarification purposes.
3. Specify that a pupil has to meet both of the two specified requirements in order to be eligible to be admitted under these provisions: (1) having a parent or guardian who has been departed or left voluntarily; and (2) having moved abroad and having been enrolled in a California school prior to the deportation or departure.

Arguments in support. Supporters note that this bill would help children of deported parents continue their education and preserve a modicum of stability in their lives by assuring that they will be able to continue attending California schools as before, no matter where they or their parents currently reside. This would be highly beneficial for thousands of children who have to live through the incredibly difficult circumstances of a parent’s deportation.

Arguments in opposition. The California School Boards Association expresses concern regarding the implementation of this bill, particularly with regard to the ability of a school district to verify that a pupil has moved abroad, to identify who holds the educational rights for the child, whether LEAs are able to charge tuition to these pupils, and the possible impact on facilities, among other concerns.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics

California Catholic Conference, Inc.

California Charter Schools Association

California Immigrant Policy Center

California Teachers Association

Coalition for Humane Immigrant Rights

Common Sense Kids Action

Families in Schools

National Association of Social Workers – California Chapter

Public Advocates

San Francisco Unified School District

Santa Clara County Office of Education

Opposition

California School Boards Association

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 257

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 4/26/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SUBJECT:

SOURCE: Author

DIGEST:

This bill deems that a student meets residency requirements for school attendance in a school district if he or she is a student whose parent(s), were residents of California and were deported from the country or voluntarily departed.

ANALYSIS:

Existing law:

1. Requires students to attend the public full-time day school or continuation school or classes in the school district in which the residency of either the parent or legal guardian is located. (Education Code § 48200)
2. Requires reasonable evidence of residency to be established by documentation showing the name and address of the parent or legal guardian within the school district. (EC § 48204.1)
3. 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. (EC § 48051)

This bill:

1) Deems that a student meets residency requirements for school attendance in a school district if he or she is a student whose parent(s), were residents of California and were deported from the country or voluntarily departed and if the student seeks admissions to a class or school of a school district to be admitted by the school district regardless of his or her current residency provided that the student meets the following requirements:

1. Has a parent or guardian who has been deported or was permitted to depart voluntarily pursuant to federal law.
2. Provides documentation from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
3. Moved aboard as a result of the deportation or voluntary departure and lived in California immediately before moving aboard.
4. Provides information and evidence demonstrating that the person previously lived in California.

2) Provides for a parent or guardian of the student to designate a U.S. citizen to attend school meetings and serve as an emergency contact.

3) Prohibits admissions charges or fees to be charged for students of parents who have been deported.

Comments

1. Need for the bill. The 2010 National Census in Mexico identified 597,000 U.S.–born children and adolescents living in Mexico. According to the author, when parents are deported, the US-born children are often taken to the new country of residence so as to not break up the family. Often these children are not proficient enough in the Spanish language to succeed in Mexican schools and schools in Mexico are not equipped with resources to integrate these students with limited Spanish skills. Consequently, these students often fall behind in their coursework. A number of these youth will return to the U.S. as adults. The author asserts that by allowing children of deported parents to continue their education regardless if their parents are no longer residents of the state, will set these children up for greater success when they return to California.

This bill seeks to remove barriers for children of deported parents, who are otherwise eligible for admission and meet specified requirements, to continue their education in U.S. schools.

1. Related activity in higher education. The state has demonstrated a willingness to invest in children of deported parents in continuing their education by qualifying them for the exemption from nonresident tuition at public postsecondary institutions. Specifically, SB 141 (Correa, Chapter 57, Statutes of 2013) required the California State University and California Community College districts, and requested the University of California to exempt from nonresident tuition charges, under certain circumstances, a U.S. citizen who moved abroad as a result of his/her parent's deportation or voluntary departure. This benefit is available to a qualifying student, regardless of the length of time the student has been separated from the U.S. following the parent’s deportation or voluntary departure. Presumably, the children who would benefit from this proposal could also benefit from the exemption from nonresident tuition at the state’s public higher education institutions.
2. Effect on schools? This bill requires school districts to admit California children who were forced to move abroad as a result of their parent’s deportation/ voluntary departure and regardless of their current residence. Presumably, these children would reside abroad and in close proximity to the U.S./Mexico border. The 2010 National Census in Mexico identified 597,000 U.S.–born children and adolescents living in Mexico. It’s unclear how many of these children are California born that could benefit from the proposal like the one outlined in this bill. It is likely that the schools neighboring the border would be most impacted by this bill’s provisions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, unknown Proposition 98 General Fund costs, potentially in the high hundreds of thousands of dollars, to account for increased average daily attendance for students that would be able to attend school as a result of this bill.

SUPPORT: (Verified 5/25/17)

American Academy of Pediatrics

California Catholic Conference, INC.

California Immigrant Policy Center

California Teachers Association

Coalition for Humane Immigrant Rights

Common Sense Kids Action

National Association of Social Workers, California Chapter

Public Advocates

OPPOSITION: (Verified 5/25/17)

None received

Prepared by:

5/27/17 18:43:52

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 257 (Lara) - School admissions: pupil residency: pupils of deported parents

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 25, 2017

Bill Summary:

This bill would allow students of parents who have been deported to comply with school district residency requirements for purposes of school attendance if they were residents of the state and lived in California immediately before moving abroad, as specified.

Fiscal Impact:

Unknown Proposition 98 General Fund costs, potentially in the high hundreds of thousands of dollars, to account for increased average daily attendance (ADA) for students that would be able to attend school as a result of this bill.

Author Amendments: Specify that no admissions charges or fees shall be required for students of parents who have been deported.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 257 (Lara) - School admissions: pupil residency: pupils of deported parents

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill would allow students of parents who have been deported to comply with school district residency requirements for purposes of school attendance if they were resident of the state and lived in California immediately before moving abroad, as specified.

Fiscal Impact:

Unknown Proposition 98 General Fund costs, potentially in the high hundreds of thousands of dollars, to account for increased average daily attendance (ADA) costs for students that would be able to attend school as a result of this bill.

Background:

Existing law requires students to attend the public full-time day school or continuation school or classes in the school district in which the residency of either the parent or legal guardian is located. Further, existing law requires, reasonable evidence of residency to be established by documentation showing the name and address of the parent or legal guardian within the school district. Existing law also 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.

Proposed Law:

This bill provides that a pupil complies with the residency requirement for school attendance in a school district if he or she is a pupil whose parent(s) were residents of this state and have been deported, and seeks admission to a class or school of a school district, shall be admitted by the school district regardless of his or her current residency if the student meets the following requirements:

1. Has a parent or guardian who has been deported or was permitted to depart voluntarily pursuant to federal law, as specified. The person shall provide documentation from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
2. Moved aboard as a result of the deportation or voluntary departure and lived in California immediately before moving aboard. The person shall provide information and evidence demonstrating that the person previously lived in California.

The bill provides that a parent or guardian of the student may designate a U.S. citizen to attend school meetings and serve as an emergency contact.

Staff Comments:

This bill essentially requires school districts to admit California children who were forced to move aboard as a result of their parent’s deportation or voluntary departure, regardless of their current residence. Presumably, these children are residing abroad and in close proximity to the United States/Mexico border. It is possible that some may still be attending school in California and paying tuition while living abroad. The 2010 Census identified approximately 597,000 U.S. born children and adolescents living in Mexico. It’s unclear how many of these children were born in California and subject to the provisions of this bill. By allowing these students to be admitted and not be required to pay tuition, the bill would enable a school district to generate average daily attendance (ADA) for purposes of the district’s funding apportionment. Depending on whether the students continued to attend while living abroad or if they actually left and are now looking to re-enroll, this bill could either allow a school district to continue to receive the same level of ADA funding for these students (that would have otherwise been lost), or it could increase the district’s ADA to account for the students that are now being readmitted. The extent of the ADA costs are unknown and would largely depend on the number of students, the ages of the students, and also whether they generate supplemental and concentration grant funding under the state’s Local Control Funding Formula. Assuming 100 students meet the bill’s criteria and are able to attend school in California, the increased ADA costs would be in the high hundreds of thousands in Proposition 98 General Fund. This estimate could be higher or lower depending on the actual number of students.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: SB 257 Hearing Date: April 26, 2017

Subject: School admissions: pupil residency: pupils of deported parents

SUMMARY

This bill requires that a student, otherwise eligible for admission to a school, whose parent(s) were residents of California and were deported from the country or permitted to depart voluntarily, be admitted by the governing board of the school district provided that the student meets specified requirements.

BACKGROUND

Existing law:

1) Requires students to attend the public full-time day school or continuation school

or classes in the school district in which the residency of either the parent or legal

guardian is located. (Education Code § 48200)

2) Requires, reasonable evidence of residency to be established by documentation

showing the name and address of the parent or legal guardian within the school district. (EC § 48204.1)

3) 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. (EC § 48051)

ANALYSIS

This bill:

1. Requires that a student, otherwise eligible for admission to a class or school, whose parent(s) were residents of this state and have been deported, or voluntarily departed pursuant to federal law, and who seeks admission to a class or school of a school district, be admitted regardless of their current residency, by the governing board of the school district if that student meets the following requirements:
   1. Has a parent or guardian who has been deported or was permitted to depart voluntarily pursuant to federal law.
   2. Provides documentation from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian.
   3. Moved aboard as a result of the deportation or voluntary departure and lived in California immediately before moving aboard.
   4. Provides information and evidence demonstrating that the person previously lived in California.
2. Provides for a parent or guardian of the student to designate a U.S. citizen to attend school meetings and serve as an emergency contact.

STAFF COMMENTS

1. Need for the bill. The 2010 National Census in Mexico identified 597,000 U.S. –born children and adolescents living in Mexico. According to the author, when parents are deported, the US-born children are often taken to the new country of residence so as to not break up the family. Often these children are not proficient enough in the Spanish language to succeed in Mexican schools and schools in Mexico are not equipped with resources to integrate these students with limited Spanish skills. Consequently, these students often fall behind in their coursework. A number of these youth will return to the United States as adults. The author asserts that by allowing children of deported parents to continue their education regardless if their parents are no longer residents of the state, will set these children up for greater success when they return to California.

This bill seeks to remove barriers for children of deported parents, who are otherwise eligible for admission and meet specified requirements, to continue their education in U.S. schools.

1. Related activity in higher education. The state has demonstrated a willingness to invest in children of deported parents in continuing their education by qualifying them for the exemption from nonresident tuition at public postsecondary institutions. Specifically, SB 141 (Correa, Chapter 57, statutes of 2013) required the California State University and California Community College districts, and requests the University of California exempt from nonresident tuition charges, under certain circumstances, a United States citizen who moved abroad as a result of his/her parent's deportation or voluntary departure. This benefit is available to a qualifying student, regardless of the length of time the student has been separated from the U.S. following the parent’s deportation or voluntary departure. Presumably, the children who would benefit from this proposal could also benefit from the exemption from nonresident tuition at the state’s public higher education institutions.
2. Tuition charged to K-12 students. Under existing law, school districts are required to charge tuition to parents of students residing in a foreign country adjacent to this state, and who regularly return within a 24-hour period to that foreign country prior to being admitted to a class or school with the district. Concerns have been raised as to whether these tuition provisions would apply to the children who meet the requirements outlined in this bill. According to the author’s office, the intent of this proposal is to allow children of deported parents to continue their education in California public schools tuition free. The author may wish to consider clarifying this point as this bill moves forward.
3. Average daily attendance? Concerns have also been raised as to whether students attending a school pursuant to this bill would generate average daily attendance (ADA) for purposes of the district’s state school funding apportionment. In order to clarify that students attending a school district pursuant to this bill would generate ADA staff recommends that the bill be amended as follows:

• 48204.4. (a) A pupil complies with the residency requirements for school attendance in a school district, A person, otherwise eligible for admission to a class or school of a school district, if he or she is a pupil whose parent or parents were residents of this state and have been deported and who seeks admission to a class or school of a school district shall be admitted by the governing board of the school district regardless of their current residency, if that person meets the following requirements:

1. Effect on schools? This bill would require school districts to admit California children who were forced to move aboard as a result of their parent’s deportation/voluntary departure and regardless of their current residence. Presumably, these children would reside abroad and in close proximity to the US/Mexico border. The 2010 National Census in Mexico identified 597,000 U.S. –born children and adolescents living in Mexico. It’s unclear how many of these children are California born that could benefit from the proposal like the one outlined in this bill. It is likely that the schools neighboring the border would be most impacted by this bill’s provisions.
2. Voluntary departure. Students eligible for this benefit must, among other requirements, have a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act. The terms of voluntary departure are outlined in section 1229c of Title 8 of the United States Code and provide that the Attorney General may permit an individual to voluntarily depart the United States at the individual’s own expense in lieu of being subject to deportation proceedings. To be eligible for voluntary departure, an individual must not be deportable for conviction of an aggravated felony or terrorist activities.

SUPPORT

American Academy of Pediatrics

California Catholic Conference, INC.

California Immigrant Policy Center

California Teachers Association

Coalition for Humane Immigrant Rights

Common Sense Kids Action

National Association of Social Workers, California Chapter

Public Advocates

OPPOSITION

None received.

-- END --