§ 48204.7. — 48204.7. (Added by Stats. 2019, Ch. 458, Sec. 1.)

California § 48204.7.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 2.: CHAPTER 2. Compulsory Education Law
• Art. 1.: ARTICLE 1. Persons Included

Text

(a)
For purposes of this section, the following definitions apply:
(1)
“Local educational agency” means a county office of education, school district, or charter school.
(2)
“Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” in Section 54441.
(3)
“School of origin” means the school in which the pupil is enrolled at the time that a change in residence occurs.
(b)
Notwithstanding Section 48200, the local educational agency serving a pupil who
is a migratory child shall do either of the following:
(1)
Allow the pupil to continue their education in the school of origin, regardless of any change of residence of the migratory child during that school year, for the duration of the pupil’s status as a pupil who is a migratory child.
(2)
For a pupil whose status changes as a pupil who is a migratory child during a school year, comply with either of the following, as applicable:
(A)
If the pupil is enrolled in kindergarten or any of grades 1 to 8, inclusive, allow the pupil to continue their education in the school of origin through the duration of that academic school year.
(B)
If the child is
enrolled in high school, allow the pupil to continue their education in the school of origin through graduation.
(c)
To ensure that a pupil who is a migratory child has the benefit of matriculating with their peers in accordance with the established feeder patterns of school districts, the following apply:
(1)
If the pupil who is a migratory child is transitioning between school grade levels, the local educational agency shall allow the pupil who is a migratory child to continue in the school district of origin in the same attendance area.
(2)
If the pupil who is a migratory child is transitioning to a middle school or high
school and the school designated for matriculation is in another school district, the local educational agency shall allow the pupil who is a migratory child to continue to the school designated for matriculation in that school district.
(3)
The new school shall immediately enroll the pupil who is a migratory child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms.
(d)
Unless otherwise required by federal law, this section does not require a local educational agency to provide transportation services to allow a pupil subject to paragraph (1) or (2) of subdivision (b) or subdivision (c) to attend a school pursuant to this section.
(e)
This section does not require a local educational agency to provide a pupil who is a migratory child with a program with online instruction as a substitute for physical attendance.
(f)
A local educational agency shall inform a pupil who is a migratory child and that pupil’s parent or guardian of the impact of remaining in
the school of origin on the eligibility of that pupil to receive migrant education services, as described in Article 3 (commencing with Section 54440) of Chapter 4 of Part 29.

Legislative History

Added by Stats. 2019, Ch. 458, Sec. 1. (AB 1319) Effective January 1, 2020.