Download pdf: 28-2019 – AB 1319 – Migratory Students Right to Attend School Of Origin w attachment (CDC)

On October 2, 2019, the Governor approved Assembly Bill (“AB”) 1319, which, when effective January 1, 2020, provides migratory students with the right to attend their school of origin in a similar manner to the rights provided to foster students and homeless students.[1]

The definition of a “pupil who is a migratory child” is at Education Code § 54441:

…a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her identification as such a child, in order that the child, a parent, guardian, or other member of his or her immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services. [This] includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.

Essentially, migratory students must be allowed to continue to attend their school of origin (the school the student is enrolled at the time that a change of residence occurs) regardless of any subsequent change of residency so long as the student continues to be a student “who is a migratory child.”[2] The migratory student who is transitioning between grade levels must be allowed to continue to attend the school district of origin in the same attendance area.[3] The migratory student who is transitioning to middle or high school must be allowed to attend the school district of origin’s designated middle or high school even if the school is located within another school district.[4] The receiving school district must immediately enroll the migratory student even if the student has outstanding fees, fines, textbooks, or other items or moneys due to the last school district or if the student is unable to produce records normally required for enrollment (such as academic records, immunization records, etc.).[5] The migratory student must also be immediately enrolled even if the receiving school has a school uniform policy and the migratory student does not have the appropriate school uniform clothes.[6]

For a migratory student that loses their status as a migratory student during a school year, the formerly migratory student will be allowed to attend the school of origin through the remainder of the school year for students in Kindergarten through 8^th grade.[7] Formerly migratory students in high school must be allowed to continue at the school of origin through graduation.[8]

Please note, unless otherwise required under federal law, neither the sending nor receiving school district has to provide the migratory student with transportation.[9]

Lastly, the school of origin is required to inform the student and their parents of the student’s eligibility to receive migrant education services.[10]

For your convenience, a copy of AB 1319 is included with this Legal Update.

Please contact our office with questions regarding this Legal Update or any other matter.

Legal Update written by Carl D. Corbin, General Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

[1] AB 1319 is codified at Education Code § 48204.7.

[2] Education Code § 48204.7(b)(1).

[3] Education Code § 48204.7(c)(1).

[4] Education Code § 48204.7(c)(2).

[5] Education Code § 48204.7(c)(3).

[6] Id.

[7] Education Code § 48204.7(b)(2).

[8] Id.

[9] Education Code § 48204.7(d).

[10] Education Code § 48204.7(f).

Legal Update Memo No. 28-2019 – AB 1319 – Migratory Students Right to Attend School Of Origin (K-12)

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