48200. Each person between the ages of 6 and 18 years not exempted
under the provisions of this chapter or Chapter 3 (commencing with
Section 48400) is subject to compulsory full-time education. Each
person subject to compulsory full-time education and each person
subject to compulsory continuation education not exempted under the
provisions of Chapter 3 (commencing with Section 48400) shall attend
the public full-time day school or continuation school or classes and
for the full time designated as the length of the schoolday by the
governing board of the school district in which the residency of
either the parent or legal guardian is located and each parent,
guardian, or other person having control or charge of the pupil shall
send the pupil to the public full-time day school or continuation
school or classes and for the full time designated as the length of
the schoolday by the governing board of the school district in which
the residence of either the parent or legal guardian is located.
Unless otherwise provided for in this code, a pupil shall not be
enrolled for less than the minimum schoolday established by law.
48200.5. Notwithstanding Section 48200, any resident of the City of
Carson who is the parent or legal guardian of a person subject to
compulsory education may enroll that person in either the school
district in which the residency of the parent or guardian is located
or in the Los Angeles Unified School District pursuant to the terms
of an agreement permitting those transfers that is mutually adopted
by the Compton Unified School District and the Los Angeles Unified
School District.
48200.7. (a) The State Department of Education shall identify the
three lowest performing elementary schools in the Compton Unified
School District for purposes of extending the school year for pupils
enrolled in kindergarten or grades 1 and 2 and for those pupils in
any of grades 3 to 5, inclusive, who are performing in mathematics or
English language arts two or more grade levels below the grade in
which those pupils are enrolled as determined under subdivision (d).
(b) Beginning with the 1998-99 school year, the Compton Unified
School District may identify schools of the district, in addition to
those identified pursuant to subdivision (a), that are among the
lowest performing schools in the district, and may provide extended
school year instruction pursuant to Section 41601.1 to any pupil
enrolled in kindergarten or any of grades 1 to 12, inclusive, in a
school identified pursuant to this subdivision who is performing in
mathematics or English language arts at a grade level that is two or
more grade levels below the grade in which that pupil is enrolled as
determined pursuant to subdivision (d).
(c) Notwithstanding subdivision (b) of this section and Section
41601.1, the amount of funding claimed by the district for extended
year instruction shall not in any year exceed twice the amount
claimed pursuant to this section in the 1997-98 fiscal year as
adjusted each year by the inflation adjustment determined pursuant to
Section 42238.1.
(d) The determination that a pupil is performing two or more grade
levels below the grade in which that pupil is enrolled shall be
based on any combination of the following:
(1) The California Achievement Test-Form E.
(2) The Spanish assessment of basic education.
(3) Proficiency tests required for graduation.
(4) District criterion reference tests based on state curriculum
guides.
(5) The STAR test.
(e) The Compton Unified School District shall test all pupils in
kindergarten and grades 1 to 12, inclusive, in its lowest performing
schools identified pursuant to subdivisions (a) and (b) prior to
those pupils beginning an extended school year program under this
section. At the end of the school year the school district shall
again test the pupils in kindergarten and grades 1 to 12, inclusive,
to determine the grade level at which those pupils are performing.
(f) The department shall approve each of the following areas in
each elementary school identified as high-priority pursuant to
subdivision (a):
(1) Curricula.
(2) Testing instruments.
(3) Schoolday length.
(4) Teacher selection, teacher mentoring, and staff development
processes.
(g) The department shall review teacher compensation, including
salary and benefits, in each elementary school identified as
high-priority pursuant to subdivision (a).
(h) The department shall collect data as to each of the following
items for each school in subdivisions (a) and (b):
(1) Instructional materials used by, and made available to, the
school.
(2) Teacher capacity.
(3) Any other baseline data deemed necessary by the department.
(i) Instruction provided to pupils subject to this section during
schooldays in excess of schooldays offered to other pupils shall be
devoted to instruction in basic skills in mathematics and English
language arts.
(j) In conjunction with the Legislative Analyst, the department
shall contract for an independent evaluation to determine the
effectiveness of the extended school year curriculum, instructional
program, and materials provided pursuant to this section and funded
pursuant to Section 41601.1 in improving pupil academic outcomes.
Testing and data collection conducted pursuant to this section shall
be administered under the oversight of the independent evaluator, who
shall be provided with copies of all test results. Results of the
evaluation shall be reported on or before January 1, 2002, to the
Superintendent of Public Instruction, the Legislative Analyst, the
Director of Finance, and the appropriate policy and fiscal committees
of the Legislature. The Compton Unified School District shall be
responsible for all costs incurred pursuant to this subdivision.
(k) A percentage of funding appropriated for purposes of this
section, in an amount to be determined by the Superintendent of
Public Instruction, shall be used for purposes of testing and data
collecting pursuant to this section.
48200.8. Subsequent to the evaluation required pursuant to
subdivision (j) of Section 48200.7, the State Department of
Education, in consultation with the Legislative Analyst, shall
contract, as necessary, for a second independent evaluation, or as
determined by the department with concurrence by the Legislative
Analyst may extend the original contract authorized in subdivision
(j) of Section 48200.7, to conclusively determine the effectiveness
of the extended school year curriculum, instructional program, and
materials in improving pupil academic outcomes provided pursuant to
that section. The subsequent evaluation and data collection necessary
to incorporate results of the program through the 2001-02 school
year and subsequent summer period shall be funded through funds
authorized pursuant to Section 41601.1, as determined by the
Superintendent of Public Instruction, to ensure the Compton Unified
School district shall be responsible for all costs incurred pursuant
to this section. Testing and data collection conducted pursuant to
this section shall be administered under the oversight of the
independent evaluator, who shall be provided with copies of all test
results. Results of the evaluation shall be reported on or before
January 1, 2003, to the Superintendent of Public Instruction, the
Legislative Analyst, the Director of Finance, and the appropriate
policy and fiscal committees of the Legislature.
48201. (a) Except for pupils exempt from compulsory school
attendance under Section 48231, any parent, guardian, or other person
having control or charge of any minor between the ages of 6 and 16
years who removes the minor from any city, city and county, or school
district before the completion of the current school term, shall
enroll the minor in a public full-time day school of the city, city
and county, or school district to which the minor is removed.
(b) (1) Upon a pupil's transfer from one school district to
another, the school district into which the pupil is transferring
shall request that the school district in which the pupil was last
enrolled provide any records that the district maintains in its
ordinary course of business or receives from a law enforcement agency
regarding acts committed by the transferring pupil that resulted in
the pupil's suspension from school or expulsion from the school
district. Upon receipt of this information, the receiving school
district shall inform any teacher of the pupil that the pupil was
suspended from school or expelled from the school district and shall
inform the teacher of the act that resulted in that action.
(2) A school district, or school district officer or employee, is
not civilly or criminally liable for providing information under this
subdivision unless it is proven that the information was false and
that the district or district officer or employee knew or should have
known that the information was false or the information was provided
with a reckless disregard for its truth or falsity.
(3) Any information received by a teacher pursuant to this
subdivision shall be received in confidence for the limited purpose
for which it was provided and shall not be further disseminated by
the teacher.
48202. The county board of education of each county may establish,
by resolution, the following regulation requiring the reporting of
various types of severance of attendance of or by any pupil subject
to the compulsory education laws of California or of any one or more
of the types of severance enumerated in subdivision (a) below and may
require such reporting of any or all of the private and public
schools of the county:
(a) The administration of each private school and public school
district of the county shall, upon the severance of attendance by any
pupil subject to the compulsory education laws of California,
whether by expulsion, exclusion, exemption, transfer, suspension
beyond 10 schooldays, or other reasons, report such severance to the
county superintendent of schools in the jurisdiction. The report
shall include names, ages, last known address and the reason for each
such severance.
(b) It shall be the duty of the county superintendent of such
county to examine such reports and draw to the attention of the
county board of education and local district board of education any
cases in which the interests of the child or the welfare of the state
may need further examination.
(c) After preliminary study of available information in cases so
referred to it, the county board of education may, on its own action,
hold hearings on such cases in the manner provided in Sections 48915
through 48920 and with the same powers of final decision as therein
provided.
48203. (a) The superintendent of a school district and the
principal of a private school in each county shall, upon the
severance of attendance or the denial of admission of any child who
is an individual with exceptional needs, as that term is defined in
Section 56026, or who is a qualified handicapped person, as that term
is defined in regulations promulgated by the United States
Department of Education pursuant to Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. Sec. 794), but who is otherwise subject to
the compulsory education laws of California, report the severance,
expulsion, exclusion, exemption, transfer, or suspension beyond 10
schooldays to the county superintendent of schools. The report shall
include names, ages, last known address, and the reason for the
severance, expulsion, exclusion, exemption, transfer, or suspension.
(b) It is the duty of the county superintendent to examine those
reports and draw to the attention of the county board of education
and governing board of a school district any cases in which the
interests of the child or the welfare of the state may need further
examination.
(c) After a preliminary study of available information in cases
referred to it, the county board of education may, on its own action,
hold hearings on those cases in the manner provided in Section 48914
and with the same powers of final decision as therein provided.
48204. (a) Notwithstanding Section 48200, a pupil complies with
the residency requirements for school attendance in a school
district, if he or she is any of the following:
(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(B) An agency placing a pupil in a home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(2) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(3) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(4) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(5) A pupil residing in a state hospital located within the
boundaries of that school district.
(b) A school district may deem a pupil to have complied with the
residency requirements for school attendance in the district if at
least one parent or the legal guardian of the pupil is physically
employed within the boundaries of that district.
(1) This subdivision does not require the school district within
which at least one parent or the legal guardian of a pupil is
employed to admit the pupil to its schools. A school district shall
not, however, refuse to admit a pupil under this subdivision on the
basis, except as expressly provided in this subdivision, of race,
ethnicity, sex, parental income, scholastic achievement, or any other
arbitrary consideration.
(2) The school district in which the residency of either the
parents or the legal guardian of the pupil is established, or the
school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the court-ordered or voluntary
desegregation plan of the district.
(3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
district determines that the additional cost of educating the pupil
would exceed the amount of additional state aid received as a result
of the transfer.
(4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) is
encouraged to identify, and communicate in writing to the parents or
the legal guardian of the pupil, the specific reasons for that
determination and is encouraged to ensure that the determination, and
the specific reasons therefor, are accurately recorded in the
minutes of the board meeting in which the determination was made.
(5) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
(6) Unless approved by the sending school district, this
subdivision does not authorize a net transfer of pupils out of a
school district, calculated as the difference between the number of
pupils exiting the district and the number of pupils entering the
district, in a fiscal year in excess of the following amounts:
(A) For a school district with an average daily attendance for
that fiscal year of less than 501, 5 percent of the average daily
attendance of the district.
(B) For a school district with an average daily attendance for
that fiscal year of 501 or more, but less than 2,501, 3 percent of
the average daily attendance of the district or 25 pupils, whichever
amount is greater.
(C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
district or 75 pupils, whichever amount is greater.
(7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district the boundaries of which
include the location where at least one parent or the legal guardian
of a pupil is physically employed, the pupil does not have to reapply
in the next school year to attend a school within that district and
the district governing board shall allow the pupil to attend school
through grade 12 in that district if the parent or legal guardian so
chooses and if at least one parent or the legal guardian of the pupil
continues to be physically employed by an employer situated within
the attendance boundaries of the district, subject to paragraphs (1)
to (6), inclusive.
(c) This section shall become inoperative on July 1, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2013, deletes or extends
the dates on which it becomes inoperative and is repealed.
48204. Notwithstanding Section 48200, a pupil complies with the
residency requirements for school attendance in a school district, if
he or she is:
(a) (1) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(2) An agency placing a pupil in the home or institution described
in paragraph (1) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(b) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(c) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(d) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(e) A pupil residing in a state hospital located within the
boundaries of that school district.
(f) This section shall become operative on July 1, 2012.
48204.5. (a) The Legislature finds that school districts that are
adjacent to the international border, because of their geographic
position, face unique circumstances in conducting the verification of
a pupil's residency.
(b) The Legislature declares that international border school
districts may need to employ certain efforts to verify residency.
48204.6. (a) Any school district that is adjacent to an
international border may accept a wide range of documents and
representations from the parent or guardian of a pupil as reasonable
evidence that the pupil meets the residency requirements for school
attendance in the school district as set forth in Section 48204.
Reasonable evidence of residency may be established by documentation,
including, but not limited to, any of the following documentation:
(1) Property tax payment receipts.
(2) Rent payment receipts.
(3) Utility service payment receipts.
(4) Declaration of residency executed by the parent or guardian of
the pupil.
(b) If any employee of a school district that is adjacent to an
international border reasonably believes that the parent or guardian
of a pupil has provided false or unreliable evidence of residency,
the school district shall make reasonable efforts to determine that
the pupil actually meets the residency requirements set forth in
Section 48204.
48205. (a) Notwithstanding Section 48200, a pupil shall be excused
from school when the absence is:
(1) Due to his or her illness.
(2) Due to quarantine under the direction of a county or city
health officer.
(3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered.
(4) For the purpose of attending the funeral services of a member
of his or her immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more
than three days if the service is conducted outside California.
(5) For the purpose of jury duty in the manner provided for by
law.
(6) Due to the illness or medical appointment during school hours
of a child of whom the pupil is the custodial parent.
(7) For justifiable personal reasons, including, but not limited
to, an appearance in court, attendance at a funeral service,
observance of a holiday or ceremony of his or her religion,
attendance at religious retreats, attendance at an employment
conference, or attendance at an educational conference on the
legislative or judicial process offered by a nonprofit organization
when the pupil's absence is requested in writing by the parent or
guardian and approved by the principal or a designated representative
pursuant to uniform standards established by the governing board.
(8) For the purpose of serving as a member of a precinct board for
an election pursuant to Section 12302 of the Elections Code.
(b) A pupil absent from school under this section shall be allowed
to complete all assignments and tests missed during the absence that
can be reasonably provided and, upon satisfactory completion within
a reasonable period of time, shall be given full credit therefor. The
teacher of the class from which a pupil is absent shall determine
which tests and assignments shall be reasonably equivalent to, but
not necessarily identical to, the tests and assignments that the
pupil missed during the absence.
(c) For purposes of this section, attendance at religious retreats
shall not exceed four hours per semester.
(d) Absences pursuant to this section are deemed to be absences in
computing average daily attendance and shall not generate state
apportionment payments.
(e) "Immediate family," as used in this section, has the same
meaning as that set forth in Section 45194, except that references
therein to "employee" shall be deemed to be references to "pupil."
48206.3. (a) Except for those pupils receiving individual
instruction provided pursuant to Section 48206.5, a pupil with a
temporary disability which makes attendance in the regular day
classes or alternative education program in which the pupil is
enrolled impossible or inadvisable shall receive individual
instruction provided by the district in which the pupil is deemed to
reside.
(b) For purposes of this section and Sections 48206.5, 48207, and
48208, the following terms have the following meanings:
(1) "Individual instruction" means instruction provided to an
individual pupil in the pupil's home, in a hospital or other
residential health facility, excluding state hospitals, or under
other circumstances prescribed by regulations adopted for that
purpose by the State Board of Education.
(2) "Temporary disability" means a physical, mental, or emotional
disability incurred while a pupil is enrolled in regular day classes
or an alternative education program, and after which the pupil can
reasonably be expected to return to regular day classes or the
alternative education program without special intervention. A
temporary disability shall not include a disability for which a pupil
is identified as an individual with exceptional needs pursuant to
Section 56026.
(c) (1) For purposes of computing average daily attendance
pursuant to Section 42238.5, each clock hour of teaching time devoted
to individual instruction shall count as one day of attendance.
(2) No pupil shall be credited with more than five days of
attendance per calendar week, or more than the total number of
calendar days that regular classes are maintained by the district in
any fiscal year.
(d) Notice of the availability of individualized instruction shall
be given pursuant to Section 48980.
48206.5. Any school district which, prior to January 1, 1986,
maintained a program to provide individual instruction to pupils
enrolled in regular day classes or an alternative education program
offered by the district who have a temporary disability may continue
the program as it existed prior to January 1, 1986.
48207. Notwithstanding Section 48200, a pupil with a temporary
disability who is in a hospital or other residential health facility,
excluding a state hospital, which is located outside of the school
district in which the pupil's parent or guardian resides shall be
deemed to have complied with the residency requirements for school
attendance in the school district in which the hospital is located.
48208. (a) It shall be the primary responsibility of the parent or
guardian of a pupil with a temporary disability to notify the school
district in which the pupil is deemed to reside pursuant to Section
48207 of the pupil's presence in a qualifying hospital.
(b) Upon receipt of notification pursuant to subdivision (a), a
school district shall do all of the following:
(1) Within five working days of receipt of the notification,
determine whether the pupil will be able to receive individualized
instruction, and, if the determination is positive, when the
individualized instruction may commence. Individualized instruction
shall commence no later than five working days after the positive
determination has been rendered.
(2) Provide the pupil with individualized instruction pursuant to
Section 48206.3. The school district may enter into an agreement with
the school district in which the pupil previously attended regular
day classes or an alternative education program, to have the school
district the pupil previously attended provide the pupil with
individualized instruction pursuant to Section 48206.3.
(3) Within five working days of the commencement of individualized
instruction, provide the school district in which the pupil
previously attended regular day classes or an alternative education
program with written notice that the pupil shall not be counted by
that district for purposes of computing average daily attendance
pursuant to Section 42238.5, effective the date on which
individualized instruction commenced.
48200. Each person between the ages of 6 and 18 years not exempted
under the provisions of this chapter or Chapter 3 (commencing with
Section 48400) is subject to compulsory full-time education. Each
person subject to compulsory full-time education and each person
subject to compulsory continuation education not exempted under the
provisions of Chapter 3 (commencing with Section 48400) shall attend
the public full-time day school or continuation school or classes and
for the full time designated as the length of the schoolday by the
governing board of the school district in which the residency of
either the parent or legal guardian is located and each parent,
guardian, or other person having control or charge of the pupil shall
send the pupil to the public full-time day school or continuation
school or classes and for the full time designated as the length of
the schoolday by the governing board of the school district in which
the residence of either the parent or legal guardian is located.
Unless otherwise provided for in this code, a pupil shall not be
enrolled for less than the minimum schoolday established by law.
48200.5. Notwithstanding Section 48200, any resident of the City of
Carson who is the parent or legal guardian of a person subject to
compulsory education may enroll that person in either the school
district in which the residency of the parent or guardian is located
or in the Los Angeles Unified School District pursuant to the terms
of an agreement permitting those transfers that is mutually adopted
by the Compton Unified School District and the Los Angeles Unified
School District.
48200.7. (a) The State Department of Education shall identify the
three lowest performing elementary schools in the Compton Unified
School District for purposes of extending the school year for pupils
enrolled in kindergarten or grades 1 and 2 and for those pupils in
any of grades 3 to 5, inclusive, who are performing in mathematics or
English language arts two or more grade levels below the grade in
which those pupils are enrolled as determined under subdivision (d).
(b) Beginning with the 1998-99 school year, the Compton Unified
School District may identify schools of the district, in addition to
those identified pursuant to subdivision (a), that are among the
lowest performing schools in the district, and may provide extended
school year instruction pursuant to Section 41601.1 to any pupil
enrolled in kindergarten or any of grades 1 to 12, inclusive, in a
school identified pursuant to this subdivision who is performing in
mathematics or English language arts at a grade level that is two or
more grade levels below the grade in which that pupil is enrolled as
determined pursuant to subdivision (d).
(c) Notwithstanding subdivision (b) of this section and Section
41601.1, the amount of funding claimed by the district for extended
year instruction shall not in any year exceed twice the amount
claimed pursuant to this section in the 1997-98 fiscal year as
adjusted each year by the inflation adjustment determined pursuant to
Section 42238.1.
(d) The determination that a pupil is performing two or more grade
levels below the grade in which that pupil is enrolled shall be
based on any combination of the following:
(1) The California Achievement Test-Form E.
(2) The Spanish assessment of basic education.
(3) Proficiency tests required for graduation.
(4) District criterion reference tests based on state curriculum
guides.
(5) The STAR test.
(e) The Compton Unified School District shall test all pupils in
kindergarten and grades 1 to 12, inclusive, in its lowest performing
schools identified pursuant to subdivisions (a) and (b) prior to
those pupils beginning an extended school year program under this
section. At the end of the school year the school district shall
again test the pupils in kindergarten and grades 1 to 12, inclusive,
to determine the grade level at which those pupils are performing.
(f) The department shall approve each of the following areas in
each elementary school identified as high-priority pursuant to
subdivision (a):
(1) Curricula.
(2) Testing instruments.
(3) Schoolday length.
(4) Teacher selection, teacher mentoring, and staff development
processes.
(g) The department shall review teacher compensation, including
salary and benefits, in each elementary school identified as
high-priority pursuant to subdivision (a).
(h) The department shall collect data as to each of the following
items for each school in subdivisions (a) and (b):
(1) Instructional materials used by, and made available to, the
school.
(2) Teacher capacity.
(3) Any other baseline data deemed necessary by the department.
(i) Instruction provided to pupils subject to this section during
schooldays in excess of schooldays offered to other pupils shall be
devoted to instruction in basic skills in mathematics and English
language arts.
(j) In conjunction with the Legislative Analyst, the department
shall contract for an independent evaluation to determine the
effectiveness of the extended school year curriculum, instructional
program, and materials provided pursuant to this section and funded
pursuant to Section 41601.1 in improving pupil academic outcomes.
Testing and data collection conducted pursuant to this section shall
be administered under the oversight of the independent evaluator, who
shall be provided with copies of all test results. Results of the
evaluation shall be reported on or before January 1, 2002, to the
Superintendent of Public Instruction, the Legislative Analyst, the
Director of Finance, and the appropriate policy and fiscal committees
of the Legislature. The Compton Unified School District shall be
responsible for all costs incurred pursuant to this subdivision.
(k) A percentage of funding appropriated for purposes of this
section, in an amount to be determined by the Superintendent of
Public Instruction, shall be used for purposes of testing and data
collecting pursuant to this section.
48200.8. Subsequent to the evaluation required pursuant to
subdivision (j) of Section 48200.7, the State Department of
Education, in consultation with the Legislative Analyst, shall
contract, as necessary, for a second independent evaluation, or as
determined by the department with concurrence by the Legislative
Analyst may extend the original contract authorized in subdivision
(j) of Section 48200.7, to conclusively determine the effectiveness
of the extended school year curriculum, instructional program, and
materials in improving pupil academic outcomes provided pursuant to
that section. The subsequent evaluation and data collection necessary
to incorporate results of the program through the 2001-02 school
year and subsequent summer period shall be funded through funds
authorized pursuant to Section 41601.1, as determined by the
Superintendent of Public Instruction, to ensure the Compton Unified
School district shall be responsible for all costs incurred pursuant
to this section. Testing and data collection conducted pursuant to
this section shall be administered under the oversight of the
independent evaluator, who shall be provided with copies of all test
results. Results of the evaluation shall be reported on or before
January 1, 2003, to the Superintendent of Public Instruction, the
Legislative Analyst, the Director of Finance, and the appropriate
policy and fiscal committees of the Legislature.
48201. (a) Except for pupils exempt from compulsory school
attendance under Section 48231, any parent, guardian, or other person
having control or charge of any minor between the ages of 6 and 16
years who removes the minor from any city, city and county, or school
district before the completion of the current school term, shall
enroll the minor in a public full-time day school of the city, city
and county, or school district to which the minor is removed.
(b) (1) Upon a pupil's transfer from one school district to
another, the school district into which the pupil is transferring
shall request that the school district in which the pupil was last
enrolled provide any records that the district maintains in its
ordinary course of business or receives from a law enforcement agency
regarding acts committed by the transferring pupil that resulted in
the pupil's suspension from school or expulsion from the school
district. Upon receipt of this information, the receiving school
district shall inform any teacher of the pupil that the pupil was
suspended from school or expelled from the school district and shall
inform the teacher of the act that resulted in that action.
(2) A school district, or school district officer or employee, is
not civilly or criminally liable for providing information under this
subdivision unless it is proven that the information was false and
that the district or district officer or employee knew or should have
known that the information was false or the information was provided
with a reckless disregard for its truth or falsity.
(3) Any information received by a teacher pursuant to this
subdivision shall be received in confidence for the limited purpose
for which it was provided and shall not be further disseminated by
the teacher.
48202. The county board of education of each county may establish,
by resolution, the following regulation requiring the reporting of
various types of severance of attendance of or by any pupil subject
to the compulsory education laws of California or of any one or more
of the types of severance enumerated in subdivision (a) below and may
require such reporting of any or all of the private and public
schools of the county:
(a) The administration of each private school and public school
district of the county shall, upon the severance of attendance by any
pupil subject to the compulsory education laws of California,
whether by expulsion, exclusion, exemption, transfer, suspension
beyond 10 schooldays, or other reasons, report such severance to the
county superintendent of schools in the jurisdiction. The report
shall include names, ages, last known address and the reason for each
such severance.
(b) It shall be the duty of the county superintendent of such
county to examine such reports and draw to the attention of the
county board of education and local district board of education any
cases in which the interests of the child or the welfare of the state
may need further examination.
(c) After preliminary study of available information in cases so
referred to it, the county board of education may, on its own action,
hold hearings on such cases in the manner provided in Sections 48915
through 48920 and with the same powers of final decision as therein
provided.
48203. (a) The superintendent of a school district and the
principal of a private school in each county shall, upon the
severance of attendance or the denial of admission of any child who
is an individual with exceptional needs, as that term is defined in
Section 56026, or who is a qualified handicapped person, as that term
is defined in regulations promulgated by the United States
Department of Education pursuant to Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. Sec. 794), but who is otherwise subject to
the compulsory education laws of California, report the severance,
expulsion, exclusion, exemption, transfer, or suspension beyond 10
schooldays to the county superintendent of schools. The report shall
include names, ages, last known address, and the reason for the
severance, expulsion, exclusion, exemption, transfer, or suspension.
(b) It is the duty of the county superintendent to examine those
reports and draw to the attention of the county board of education
and governing board of a school district any cases in which the
interests of the child or the welfare of the state may need further
examination.
(c) After a preliminary study of available information in cases
referred to it, the county board of education may, on its own action,
hold hearings on those cases in the manner provided in Section 48914
and with the same powers of final decision as therein provided.
48204. (a) Notwithstanding Section 48200, a pupil complies with
the residency requirements for school attendance in a school
district, if he or she is any of the following:
(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(B) An agency placing a pupil in a home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(2) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(3) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(4) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(5) A pupil residing in a state hospital located within the
boundaries of that school district.
(b) A school district may deem a pupil to have complied with the
residency requirements for school attendance in the district if at
least one parent or the legal guardian of the pupil is physically
employed within the boundaries of that district.
(1) This subdivision does not require the school district within
which at least one parent or the legal guardian of a pupil is
employed to admit the pupil to its schools. A school district shall
not, however, refuse to admit a pupil under this subdivision on the
basis, except as expressly provided in this subdivision, of race,
ethnicity, sex, parental income, scholastic achievement, or any other
arbitrary consideration.
(2) The school district in which the residency of either the
parents or the legal guardian of the pupil is established, or the
school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the court-ordered or voluntary
desegregation plan of the district.
(3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
district determines that the additional cost of educating the pupil
would exceed the amount of additional state aid received as a result
of the transfer.
(4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) is
encouraged to identify, and communicate in writing to the parents or
the legal guardian of the pupil, the specific reasons for that
determination and is encouraged to ensure that the determination, and
the specific reasons therefor, are accurately recorded in the
minutes of the board meeting in which the determination was made.
(5) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
(6) Unless approved by the sending school district, this
subdivision does not authorize a net transfer of pupils out of a
school district, calculated as the difference between the number of
pupils exiting the district and the number of pupils entering the
district, in a fiscal year in excess of the following amounts:
(A) For a school district with an average daily attendance for
that fiscal year of less than 501, 5 percent of the average daily
attendance of the district.
(B) For a school district with an average daily attendance for
that fiscal year of 501 or more, but less than 2,501, 3 percent of
the average daily attendance of the district or 25 pupils, whichever
amount is greater.
(C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
district or 75 pupils, whichever amount is greater.
(7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district the boundaries of which
include the location where at least one parent or the legal guardian
of a pupil is physically employed, the pupil does not have to reapply
in the next school year to attend a school within that district and
the district governing board shall allow the pupil to attend school
through grade 12 in that district if the parent or legal guardian so
chooses and if at least one parent or the legal guardian of the pupil
continues to be physically employed by an employer situated within
the attendance boundaries of the district, subject to paragraphs (1)
to (6), inclusive.
(c) This section shall become inoperative on July 1, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2013, deletes or extends
the dates on which it becomes inoperative and is repealed.
48204. Notwithstanding Section 48200, a pupil complies with the
residency requirements for school attendance in a school district, if
he or she is:
(a) (1) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(2) An agency placing a pupil in the home or institution described
in paragraph (1) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(b) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(c) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(d) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(e) A pupil residing in a state hospital located within the
boundaries of that school district.
(f) This section shall become operative on July 1, 2012.
48204.5. (a) The Legislature finds that school districts that are
adjacent to the international border, because of their geographic
position, face unique circumstances in conducting the verification of
a pupil's residency.
(b) The Legislature declares that international border school
districts may need to employ certain efforts to verify residency.
48204.6. (a) Any school district that is adjacent to an
international border may accept a wide range of documents and
representations from the parent or guardian of a pupil as reasonable
evidence that the pupil meets the residency requirements for school
attendance in the school district as set forth in Section 48204.
Reasonable evidence of residency may be established by documentation,
including, but not limited to, any of the following documentation:
(1) Property tax payment receipts.
(2) Rent payment receipts.
(3) Utility service payment receipts.
(4) Declaration of residency executed by the parent or guardian of
the pupil.
(b) If any employee of a school district that is adjacent to an
international border reasonably believes that the parent or guardian
of a pupil has provided false or unreliable evidence of residency,
the school district shall make reasonable efforts to determine that
the pupil actually meets the residency requirements set forth in
Section 48204.
48205. (a) Notwithstanding Section 48200, a pupil shall be excused
from school when the absence is:
(1) Due to his or her illness.
(2) Due to quarantine under the direction of a county or city
health officer.
(3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered.
(4) For the purpose of attending the funeral services of a member
of his or her immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more
than three days if the service is conducted outside California.
(5) For the purpose of jury duty in the manner provided for by
law.
(6) Due to the illness or medical appointment during school hours
of a child of whom the pupil is the custodial parent.
(7) For justifiable personal reasons, including, but not limited
to, an appearance in court, attendance at a funeral service,
observance of a holiday or ceremony of his or her religion,
attendance at religious retreats, attendance at an employment
conference, or attendance at an educational conference on the
legislative or judicial process offered by a nonprofit organization
when the pupil's absence is requested in writing by the parent or
guardian and approved by the principal or a designated representative
pursuant to uniform standards established by the governing board.
(8) For the purpose of serving as a member of a precinct board for
an election pursuant to Section 12302 of the Elections Code.
(b) A pupil absent from school under this section shall be allowed
to complete all assignments and tests missed during the absence that
can be reasonably provided and, upon satisfactory completion within
a reasonable period of time, shall be given full credit therefor. The
teacher of the class from which a pupil is absent shall determine
which tests and assignments shall be reasonably equivalent to, but
not necessarily identical to, the tests and assignments that the
pupil missed during the absence.
(c) For purposes of this section, attendance at religious retreats
shall not exceed four hours per semester.
(d) Absences pursuant to this section are deemed to be absences in
computing average daily attendance and shall not generate state
apportionment payments.
(e) "Immediate family," as used in this section, has the same
meaning as that set forth in Section 45194, except that references
therein to "employee" shall be deemed to be references to "pupil."
48206.3. (a) Except for those pupils receiving individual
instruction provided pursuant to Section 48206.5, a pupil with a
temporary disability which makes attendance in the regular day
classes or alternative education program in which the pupil is
enrolled impossible or inadvisable shall receive individual
instruction provided by the district in which the pupil is deemed to
reside.
(b) For purposes of this section and Sections 48206.5, 48207, and
48208, the following terms have the following meanings:
(1) "Individual instruction" means instruction provided to an
individual pupil in the pupil's home, in a hospital or other
residential health facility, excluding state hospitals, or under
other circumstances prescribed by regulations adopted for that
purpose by the State Board of Education.
(2) "Temporary disability" means a physical, mental, or emotional
disability incurred while a pupil is enrolled in regular day classes
or an alternative education program, and after which the pupil can
reasonably be expected to return to regular day classes or the
alternative education program without special intervention. A
temporary disability shall not include a disability for which a pupil
is identified as an individual with exceptional needs pursuant to
Section 56026.
(c) (1) For purposes of computing average daily attendance
pursuant to Section 42238.5, each clock hour of teaching time devoted
to individual instruction shall count as one day of attendance.
(2) No pupil shall be credited with more than five days of
attendance per calendar week, or more than the total number of
calendar days that regular classes are maintained by the district in
any fiscal year.
(d) Notice of the availability of individualized instruction shall
be given pursuant to Section 48980.
48206.5. Any school district which, prior to January 1, 1986,
maintained a program to provide individual instruction to pupils
enrolled in regular day classes or an alternative education program
offered by the district who have a temporary disability may continue
the program as it existed prior to January 1, 1986.
48207. Notwithstanding Section 48200, a pupil with a temporary
disability who is in a hospital or other residential health facility,
excluding a state hospital, which is located outside of the school
district in which the pupil's parent or guardian resides shall be
deemed to have complied with the residency requirements for school
attendance in the school district in which the hospital is located.
48208. (a) It shall be the primary responsibility of the parent or
guardian of a pupil with a temporary disability to notify the school
district in which the pupil is deemed to reside pursuant to Section
48207 of the pupil's presence in a qualifying hospital.
(b) Upon receipt of notification pursuant to subdivision (a), a
school district shall do all of the following:
(1) Within five working days of receipt of the notification,
determine whether the pupil will be able to receive individualized
instruction, and, if the determination is positive, when the
individualized instruction may commence. Individualized instruction
shall commence no later than five working days after the positive
determination has been rendered.
(2) Provide the pupil with individualized instruction pursuant to
Section 48206.3. The school district may enter into an agreement with
the school district in which the pupil previously attended regular
day classes or an alternative education program, to have the school
district the pupil previously attended provide the pupil with
individualized instruction pursuant to Section 48206.3.
(3) Within five working days of the commencement of individualized
instruction, provide the school district in which the pupil
previously attended regular day classes or an alternative education
program with written notice that the pupil shall not be counted by
that district for purposes of computing average daily attendance
pursuant to Section 42238.5, effective the date on which
individualized instruction commenced.
48200. Each person between the ages of 6 and 18 years not exempted
under the provisions of this chapter or Chapter 3 (commencing with
Section 48400) is subject to compulsory full-time education. Each
person subject to compulsory full-time education and each person
subject to compulsory continuation education not exempted under the
provisions of Chapter 3 (commencing with Section 48400) shall attend
the public full-time day school or continuation school or classes and
for the full time designated as the length of the schoolday by the
governing board of the school district in which the residency of
either the parent or legal guardian is located and each parent,
guardian, or other person having control or charge of the pupil shall
send the pupil to the public full-time day school or continuation
school or classes and for the full time designated as the length of
the schoolday by the governing board of the school district in which
the residence of either the parent or legal guardian is located.
Unless otherwise provided for in this code, a pupil shall not be
enrolled for less than the minimum schoolday established by law.
48200.5. Notwithstanding Section 48200, any resident of the City of
Carson who is the parent or legal guardian of a person subject to
compulsory education may enroll that person in either the school
district in which the residency of the parent or guardian is located
or in the Los Angeles Unified School District pursuant to the terms
of an agreement permitting those transfers that is mutually adopted
by the Compton Unified School District and the Los Angeles Unified
School District.
48200.7. (a) The State Department of Education shall identify the
three lowest performing elementary schools in the Compton Unified
School District for purposes of extending the school year for pupils
enrolled in kindergarten or grades 1 and 2 and for those pupils in
any of grades 3 to 5, inclusive, who are performing in mathematics or
English language arts two or more grade levels below the grade in
which those pupils are enrolled as determined under subdivision (d).
(b) Beginning with the 1998-99 school year, the Compton Unified
School District may identify schools of the district, in addition to
those identified pursuant to subdivision (a), that are among the
lowest performing schools in the district, and may provide extended
school year instruction pursuant to Section 41601.1 to any pupil
enrolled in kindergarten or any of grades 1 to 12, inclusive, in a
school identified pursuant to this subdivision who is performing in
mathematics or English language arts at a grade level that is two or
more grade levels below the grade in which that pupil is enrolled as
determined pursuant to subdivision (d).
(c) Notwithstanding subdivision (b) of this section and Section
41601.1, the amount of funding claimed by the district for extended
year instruction shall not in any year exceed twice the amount
claimed pursuant to this section in the 1997-98 fiscal year as
adjusted each year by the inflation adjustment determined pursuant to
Section 42238.1.
(d) The determination that a pupil is performing two or more grade
levels below the grade in which that pupil is enrolled shall be
based on any combination of the following:
(1) The California Achievement Test-Form E.
(2) The Spanish assessment of basic education.
(3) Proficiency tests required for graduation.
(4) District criterion reference tests based on state curriculum
guides.
(5) The STAR test.
(e) The Compton Unified School District shall test all pupils in
kindergarten and grades 1 to 12, inclusive, in its lowest performing
schools identified pursuant to subdivisions (a) and (b) prior to
those pupils beginning an extended school year program under this
section. At the end of the school year the school district shall
again test the pupils in kindergarten and grades 1 to 12, inclusive,
to determine the grade level at which those pupils are performing.
(f) The department shall approve each of the following areas in
each elementary school identified as high-priority pursuant to
subdivision (a):
(1) Curricula.
(2) Testing instruments.
(3) Schoolday length.
(4) Teacher selection, teacher mentoring, and staff development
processes.
(g) The department shall review teacher compensation, including
salary and benefits, in each elementary school identified as
high-priority pursuant to subdivision (a).
(h) The department shall collect data as to each of the following
items for each school in subdivisions (a) and (b):
(1) Instructional materials used by, and made available to, the
school.
(2) Teacher capacity.
(3) Any other baseline data deemed necessary by the department.
(i) Instruction provided to pupils subject to this section during
schooldays in excess of schooldays offered to other pupils shall be
devoted to instruction in basic skills in mathematics and English
language arts.
(j) In conjunction with the Legislative Analyst, the department
shall contract for an independent evaluation to determine the
effectiveness of the extended school year curriculum, instructional
program, and materials provided pursuant to this section and funded
pursuant to Section 41601.1 in improving pupil academic outcomes.
Testing and data collection conducted pursuant to this section shall
be administered under the oversight of the independent evaluator, who
shall be provided with copies of all test results. Results of the
evaluation shall be reported on or before January 1, 2002, to the
Superintendent of Public Instruction, the Legislative Analyst, the
Director of Finance, and the appropriate policy and fiscal committees
of the Legislature. The Compton Unified School District shall be
responsible for all costs incurred pursuant to this subdivision.
(k) A percentage of funding appropriated for purposes of this
section, in an amount to be determined by the Superintendent of
Public Instruction, shall be used for purposes of testing and data
collecting pursuant to this section.
48200.8. Subsequent to the evaluation required pursuant to
subdivision (j) of Section 48200.7, the State Department of
Education, in consultation with the Legislative Analyst, shall
contract, as necessary, for a second independent evaluation, or as
determined by the department with concurrence by the Legislative
Analyst may extend the original contract authorized in subdivision
(j) of Section 48200.7, to conclusively determine the effectiveness
of the extended school year curriculum, instructional program, and
materials in improving pupil academic outcomes provided pursuant to
that section. The subsequent evaluation and data collection necessary
to incorporate results of the program through the 2001-02 school
year and subsequent summer period shall be funded through funds
authorized pursuant to Section 41601.1, as determined by the
Superintendent of Public Instruction, to ensure the Compton Unified
School district shall be responsible for all costs incurred pursuant
to this section. Testing and data collection conducted pursuant to
this section shall be administered under the oversight of the
independent evaluator, who shall be provided with copies of all test
results. Results of the evaluation shall be reported on or before
January 1, 2003, to the Superintendent of Public Instruction, the
Legislative Analyst, the Director of Finance, and the appropriate
policy and fiscal committees of the Legislature.
48201. (a) Except for pupils exempt from compulsory school
attendance under Section 48231, any parent, guardian, or other person
having control or charge of any minor between the ages of 6 and 16
years who removes the minor from any city, city and county, or school
district before the completion of the current school term, shall
enroll the minor in a public full-time day school of the city, city
and county, or school district to which the minor is removed.
(b) (1) Upon a pupil's transfer from one school district to
another, the school district into which the pupil is transferring
shall request that the school district in which the pupil was last
enrolled provide any records that the district maintains in its
ordinary course of business or receives from a law enforcement agency
regarding acts committed by the transferring pupil that resulted in
the pupil's suspension from school or expulsion from the school
district. Upon receipt of this information, the receiving school
district shall inform any teacher of the pupil that the pupil was
suspended from school or expelled from the school district and shall
inform the teacher of the act that resulted in that action.
(2) A school district, or school district officer or employee, is
not civilly or criminally liable for providing information under this
subdivision unless it is proven that the information was false and
that the district or district officer or employee knew or should have
known that the information was false or the information was provided
with a reckless disregard for its truth or falsity.
(3) Any information received by a teacher pursuant to this
subdivision shall be received in confidence for the limited purpose
for which it was provided and shall not be further disseminated by
the teacher.
48202. The county board of education of each county may establish,
by resolution, the following regulation requiring the reporting of
various types of severance of attendance of or by any pupil subject
to the compulsory education laws of California or of any one or more
of the types of severance enumerated in subdivision (a) below and may
require such reporting of any or all of the private and public
schools of the county:
(a) The administration of each private school and public school
district of the county shall, upon the severance of attendance by any
pupil subject to the compulsory education laws of California,
whether by expulsion, exclusion, exemption, transfer, suspension
beyond 10 schooldays, or other reasons, report such severance to the
county superintendent of schools in the jurisdiction. The report
shall include names, ages, last known address and the reason for each
such severance.
(b) It shall be the duty of the county superintendent of such
county to examine such reports and draw to the attention of the
county board of education and local district board of education any
cases in which the interests of the child or the welfare of the state
may need further examination.
(c) After preliminary study of available information in cases so
referred to it, the county board of education may, on its own action,
hold hearings on such cases in the manner provided in Sections 48915
through 48920 and with the same powers of final decision as therein
provided.
48203. (a) The superintendent of a school district and the
principal of a private school in each county shall, upon the
severance of attendance or the denial of admission of any child who
is an individual with exceptional needs, as that term is defined in
Section 56026, or who is a qualified handicapped person, as that term
is defined in regulations promulgated by the United States
Department of Education pursuant to Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. Sec. 794), but who is otherwise subject to
the compulsory education laws of California, report the severance,
expulsion, exclusion, exemption, transfer, or suspension beyond 10
schooldays to the county superintendent of schools. The report shall
include names, ages, last known address, and the reason for the
severance, expulsion, exclusion, exemption, transfer, or suspension.
(b) It is the duty of the county superintendent to examine those
reports and draw to the attention of the county board of education
and governing board of a school district any cases in which the
interests of the child or the welfare of the state may need further
examination.
(c) After a preliminary study of available information in cases
referred to it, the county board of education may, on its own action,
hold hearings on those cases in the manner provided in Section 48914
and with the same powers of final decision as therein provided.
48204. (a) Notwithstanding Section 48200, a pupil complies with
the residency requirements for school attendance in a school
district, if he or she is any of the following:
(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(B) An agency placing a pupil in a home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(2) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(3) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(4) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(5) A pupil residing in a state hospital located within the
boundaries of that school district.
(b) A school district may deem a pupil to have complied with the
residency requirements for school attendance in the district if at
least one parent or the legal guardian of the pupil is physically
employed within the boundaries of that district.
(1) This subdivision does not require the school district within
which at least one parent or the legal guardian of a pupil is
employed to admit the pupil to its schools. A school district shall
not, however, refuse to admit a pupil under this subdivision on the
basis, except as expressly provided in this subdivision, of race,
ethnicity, sex, parental income, scholastic achievement, or any other
arbitrary consideration.
(2) The school district in which the residency of either the
parents or the legal guardian of the pupil is established, or the
school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the court-ordered or voluntary
desegregation plan of the district.
(3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
district determines that the additional cost of educating the pupil
would exceed the amount of additional state aid received as a result
of the transfer.
(4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) is
encouraged to identify, and communicate in writing to the parents or
the legal guardian of the pupil, the specific reasons for that
determination and is encouraged to ensure that the determination, and
the specific reasons therefor, are accurately recorded in the
minutes of the board meeting in which the determination was made.
(5) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
(6) Unless approved by the sending school district, this
subdivision does not authorize a net transfer of pupils out of a
school district, calculated as the difference between the number of
pupils exiting the district and the number of pupils entering the
district, in a fiscal year in excess of the following amounts:
(A) For a school district with an average daily attendance for
that fiscal year of less than 501, 5 percent of the average daily
attendance of the district.
(B) For a school district with an average daily attendance for
that fiscal year of 501 or more, but less than 2,501, 3 percent of
the average daily attendance of the district or 25 pupils, whichever
amount is greater.
(C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
district or 75 pupils, whichever amount is greater.
(7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district the boundaries of which
include the location where at least one parent or the legal guardian
of a pupil is physically employed, the pupil does not have to reapply
in the next school year to attend a school within that district and
the district governing board shall allow the pupil to attend school
through grade 12 in that district if the parent or legal guardian so
chooses and if at least one parent or the legal guardian of the pupil
continues to be physically employed by an employer situated within
the attendance boundaries of the district, subject to paragraphs (1)
to (6), inclusive.
(c) This section shall become inoperative on July 1, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2013, deletes or extends
the dates on which it becomes inoperative and is repealed.
48204. Notwithstanding Section 48200, a pupil complies with the
residency requirements for school attendance in a school district, if
he or she is:
(a) (1) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(2) An agency placing a pupil in the home or institution described
in paragraph (1) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(b) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(c) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(d) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(e) A pupil residing in a state hospital located within the
boundaries of that school district.
(f) This section shall become operative on July 1, 2012.
48204.5. (a) The Legislature finds that school districts that are
adjacent to the international border, because of their geographic
position, face unique circumstances in conducting the verification of
a pupil's residency.
(b) The Legislature declares that international border school
districts may need to employ certain efforts to verify residency.
48204.6. (a) Any school district that is adjacent to an
international border may accept a wide range of documents and
representations from the parent or guardian of a pupil as reasonable
evidence that the pupil meets the residency requirements for school
attendance in the school district as set forth in Section 48204.
Reasonable evidence of residency may be established by documentation,
including, but not limited to, any of the following documentation:
(1) Property tax payment receipts.
(2) Rent payment receipts.
(3) Utility service payment receipts.
(4) Declaration of residency executed by the parent or guardian of
the pupil.
(b) If any employee of a school district that is adjacent to an
international border reasonably believes that the parent or guardian
of a pupil has provided false or unreliable evidence of residency,
the school district shall make reasonable efforts to determine that
the pupil actually meets the residency requirements set forth in
Section 48204.
48205. (a) Notwithstanding Section 48200, a pupil shall be excused
from school when the absence is:
(1) Due to his or her illness.
(2) Due to quarantine under the direction of a county or city
health officer.
(3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered.
(4) For the purpose of attending the funeral services of a member
of his or her immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more
than three days if the service is conducted outside California.
(5) For the purpose of jury duty in the manner provided for by
law.
(6) Due to the illness or medical appointment during school hours
of a child of whom the pupil is the custodial parent.
(7) For justifiable personal reasons, including, but not limited
to, an appearance in court, attendance at a funeral service,
observance of a holiday or ceremony of his or her religion,
attendance at religious retreats, attendance at an employment
conference, or attendance at an educational conference on the
legislative or judicial process offered by a nonprofit organization
when the pupil's absence is requested in writing by the parent or
guardian and approved by the principal or a designated representative
pursuant to uniform standards established by the governing board.
(8) For the purpose of serving as a member of a precinct board for
an election pursuant to Section 12302 of the Elections Code.
(b) A pupil absent from school under this section shall be allowed
to complete all assignments and tests missed during the absence that
can be reasonably provided and, upon satisfactory completion within
a reasonable period of time, shall be given full credit therefor. The
teacher of the class from which a pupil is absent shall determine
which tests and assignments shall be reasonably equivalent to, but
not necessarily identical to, the tests and assignments that the
pupil missed during the absence.
(c) For purposes of this section, attendance at religious retreats
shall not exceed four hours per semester.
(d) Absences pursuant to this section are deemed to be absences in
computing average daily attendance and shall not generate state
apportionment payments.
(e) "Immediate family," as used in this section, has the same
meaning as that set forth in Section 45194, except that references
therein to "employee" shall be deemed to be references to "pupil."
48206.3. (a) Except for those pupils receiving individual
instruction provided pursuant to Section 48206.5, a pupil with a
temporary disability which makes attendance in the regular day
classes or alternative education program in which the pupil is
enrolled impossible or inadvisable shall receive individual
instruction provided by the district in which the pupil is deemed to
reside.
(b) For purposes of this section and Sections 48206.5, 48207, and
48208, the following terms have the following meanings:
(1) "Individual instruction" means instruction provided to an
individual pupil in the pupil's home, in a hospital or other
residential health facility, excluding state hospitals, or under
other circumstances prescribed by regulations adopted for that
purpose by the State Board of Education.
(2) "Temporary disability" means a physical, mental, or emotional
disability incurred while a pupil is enrolled in regular day classes
or an alternative education program, and after which the pupil can
reasonably be expected to return to regular day classes or the
alternative education program without special intervention. A
temporary disability shall not include a disability for which a pupil
is identified as an individual with exceptional needs pursuant to
Section 56026.
(c) (1) For purposes of computing average daily attendance
pursuant to Section 42238.5, each clock hour of teaching time devoted
to individual instruction shall count as one day of attendance.
(2) No pupil shall be credited with more than five days of
attendance per calendar week, or more than the total number of
calendar days that regular classes are maintained by the district in
any fiscal year.
(d) Notice of the availability of individualized instruction shall
be given pursuant to Section 48980.
48206.5. Any school district which, prior to January 1, 1986,
maintained a program to provide individual instruction to pupils
enrolled in regular day classes or an alternative education program
offered by the district who have a temporary disability may continue
the program as it existed prior to January 1, 1986.
48207. Notwithstanding Section 48200, a pupil with a temporary
disability who is in a hospital or other residential health facility,
excluding a state hospital, which is located outside of the school
district in which the pupil's parent or guardian resides shall be
deemed to have complied with the residency requirements for school
attendance in the school district in which the hospital is located.
48208. (a) It shall be the primary responsibility of the parent or
guardian of a pupil with a temporary disability to notify the school
district in which the pupil is deemed to reside pursuant to Section
48207 of the pupil's presence in a qualifying hospital.
(b) Upon receipt of notification pursuant to subdivision (a), a
school district shall do all of the following:
(1) Within five working days of receipt of the notification,
determine whether the pupil will be able to receive individualized
instruction, and, if the determination is positive, when the
individualized instruction may commence. Individualized instruction
shall commence no later than five working days after the positive
determination has been rendered.
(2) Provide the pupil with individualized instruction pursuant to
Section 48206.3. The school district may enter into an agreement with
the school district in which the pupil previously attended regular
day classes or an alternative education program, to have the school
district the pupil previously attended provide the pupil with
individualized instruction pursuant to Section 48206.3.
(3) Within five working days of the commencement of individualized
instruction, provide the school district in which the pupil
previously attended regular day classes or an alternative education
program with written notice that the pupil shall not be counted by
that district for purposes of computing average daily attendance
pursuant to Section 42238.5, effective the date on which
individualized instruction commenced.
