California Education Code 48204.4 – (a) A pupil complies with the residency requirements for school …
(a) A pupil complies with the residency requirements for school attendance in a school district if he or she is a pupil whose parent or parents were residents of this state and departed California against their will, as defined in subdivision (d), and, if the pupil seeks admission to a school of the school district, shall be admitted by the governing board of the school district regardless of his or her current residency, if that pupil meets both of the following requirements:
(1) The pupil has a parent or guardian who departed California against his or her will, as defined in subdivision (d). The pupil shall provide official documentation evidencing the departure of his or her parent or guardian.
Terms Used In California Education Code 48204.4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2) The pupil moved outside of California as a result of his or her parent or guardian departing California against his or her will, as defined in subdivision (d), and the pupil lived in California immediately before moving outside of California. The pupil shall provide information and evidence demonstrating that the pupil was enrolled in a public school in California immediately before moving outside of California.
(b) The parent or guardian of a pupil subject to subdivision (a) may designate an adult to attend school meetings and serve as an emergency contact.
(c) Charges or fees of any kind shall not be required to be paid by a pupil, or by his or her parents or guardian, for admission or attendance in a school of a school district that provides instruction in accord with the requirements of this section.
(d) (1) For purposes of this section, a person has “departed California against his or her will” if any of the following circumstances apply:
(A) The person was in custody of a government agency and was transferred to another state.
(B) The person was subject to a lawful order from a court or government agency that authorized the person’s removal from California.
(C) The person was subject to a lawful order pursuant to subparagraph (B) and was permitted to depart California before being removed from California pursuant to the lawful order.
(D) The person was removed or is permitted to depart voluntarily pursuant to the federal Immigration and Nationality Act (8 U.S.C. § 1229c).
(2) A school district may determine additional circumstances that are consistent with the purposes of this section.
(Amended by Stats. 2018, Ch. 92, Sec. 54. (SB 1289) Effective January 1, 2019.)