20250AB__135198AMD INTRODUCED 2025-02-21 AMENDED_ASSEMBLY 2026-01-05 2025 AB AMD Introduced by Assembly Member Ahrens LEAD_AUTHOR ASSEMBLY Ahrens

An act to amend

Section of the Education Code, relating to pupils. pupils Pupils: school attendance: residency requirements. Under existing law, each person between and years of age, inclusive, who is not otherwise exempt is subject to compulsory full-time education.

Existing law requires each person subject to compulsory full-time education to attend the public full-time day school 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, except that a pupil is deemed to have complied with those residency requirements if the pupil meets specified criteria, including if the pupil is a foster child who remains in their school of origin, as provided. This bill would expressly define the term “foster youth” for purposes of the latter provision.

Existing law authorizes certain educational officers to issue a work permit to a pupil upon receipt of a written request from a parent, guardian, foster parent, or other specified person, as provided. Existing law prohibits a person, firm, or corporation from employing, suffering, or permitting a minor under years of age to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers, as specified.

Existing law provides that a permit to work issued during the school year expires days after the opening of the next succeeding school year.</xhtml:p><xhtml:p>This bill would require, commencing with the 2030–31 school year, all active work permits issued to a pupil pursuant to the above-described provisions, and any work permits issued to a pupil thereafter, to be uploaded to an online database, to be known as the Youth Employment System (YES), which the bill would require the State Department of Education to create on or before December 31, 2029, as provided.</xhtml:p>"?> MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Education Code is amended to read: 48204. (

a) Notwithstanding

Section 48200, a pupil complies with the residency requirements for school attendance in a school district if they are 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 as defined in

Section 56155.5, or a family home pursuant to a commitment or placement under

Chapter 2 (commencing with

Section 200) of Part of Division 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 who is a foster child, as defined in subdivision (

a) of

Section 48853.5, who remains in their school of origin pursuant to subdivisions (

f) and (

g) of

Section 48853.5.

(3) A pupil for whom interdistrict attendance has been approved pursuant to

Chapter 5 (commencing with

Section 46600) of

Part 26.

(4) 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.

(5) 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 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.

(6) A pupil residing in a state hospital located within the boundaries of that school district.

(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of their employment within the boundaries of the school district for a minimum of three days during the school week. (b)

(1) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of hours during the school week.

(2) 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.

(3) 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 school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district.

(4) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school 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.

(5) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (2), (3), or (4) 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 for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made.

(6) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to

Section 46607.

(7) 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 school district and the number of pupils entering the school 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 pupils, 5 percent of the average daily attendance of the school district. (

B) For a school district with an average daily attendance for that fiscal year of pupils or more, but less than 2,501 pupils, 3 percent of the average daily attendance of the school district or pupils, whichever amount is greater. (

C) For a school district with an average daily attendance of 2,501 pupils or more, 1 percent of the average daily attendance of the school district or pupils, whichever amount is greater.

(8) 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 school district and the governing board of the school district shall allow the pupil to attend school through grade in that school 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 school district, subject to paragraphs (2) to (7), inclusive. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'49110.2'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 49110.2 is added to the <caml:DocName>Education Code</caml:DocName>, <caml:Positioning>immediately following

Section 49110.1</caml:Positioning>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_AB5DE130-B0A4-414F-8D1C-B3612E890523"><caml:Num>49110.2.</caml:Num><caml:LawSectionVersion id="id_0A569D5C-525E-4FDE-8F08-AE93686C0927"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>On or before December 31, 2029, the department shall create and maintain an online database, to be known as the Youth Employment System (YES), that does both of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Enables individuals authorized to issue a work permit to a pupil pursuant to

Section to upload issued work permits.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Enables individuals authorized to inspect work permits pursuant to

Section to access the work permits uploaded pursuant to paragraph (1).</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Commencing with the 2030–31 school year, all active work permits issued to a pupil pursuant to

Section and any work permits issued to a pupil thereafter shall be uploaded to the YES database.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>