Dear County and District Superintendents and Charter School Administrators:

The Rights of Migratory Pupils to Remain at School of Origin Despite Change in Residence

On October 2, 2019, Governor Gavin Newsom signed Assembly Bill (AB) 1319 (Arambula) Chaptered 458, Statutes 2019, into law adding Section 48204.7 to the California Education Code (EC), related to migratory students. This letter provides information and guidance regarding the implementation of EC Section 48024.7.

Existing legislation allows various student populations (i.e., children in foster care, children of military personnel, and homeless youth) to remain in their schools or districts of origin regardless of the residency location. With the passage of AB 1319, migratory pupils, as defined by the California EC and the Elementary and Secondary Education Act, are now also allowed to remain in their schools or districts of origin irrespective of a change in residency, if certain criteria apply.

Although not required by law, the California Department of Education (CDE) suggests that local educational agencies (LEAs) take the following actions:

1. Contact the Migrant Education Program (MEP) in their area to identify eligible migratory pupils. The list of local programs can be found on the CDE’s Migrant Education Office Regional Offices and Direct Funded Districts web page at https://www.cde.ca.gov/sp/me/mt/regions.asp.
2. Inform the migratory pupils’ parent(s)/guardian(s) of the student’s right to remain in his or her school of origin, or school district of origin for students transitioning between school grade levels (e.g., middle to high school), should a change in residency occur.

In order to comply with the law, LEAs should implement the following actions based on the information contained in AB 1319:

3. Allow the migratory pupil to continue his or her education in the school of origin, regardless of any change of residence of the migratory pupil during that school year, for the duration of the pupil’s status as a migratory child if the parent notifies the school that they have moved and requests that their child remain in the school of origin.
4. Comply with either of the following, as applicable, for a pupil whose migratory status changes during a school year:
   1. 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.
   2. If the pupil is enrolled in high school, allow the pupil to continue their education in the school of origin through graduation.
5. If a migratory pupil is transitioning between school grade levels, the LEA shall allow the migratory pupil to continue in the school district of origin in the same attendance area.
6. If a migratory pupil is transitioning to a middle or high school and the school designated for matriculation is in another school district, the LEA shall allow the migratory pupil to continue to the school designated for matriculation in that school district.
7. If a migratory pupil transitions to a new school site, the new school shall immediately enroll the migratory pupil regardless of outstanding fees, fines, textbooks, or other items or due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, and/or medical records.
8. LEAs are not required to provide a migratory pupil with an online instructional program as a substitute for physical attendance.
9. This section does not require a local educational agency to provide transportation for migratory students who are eligible to remain at their school of origin.

Please share this information with high school principals, administrators, and categorical program directors. If you have any questions regarding this subject, please contact Melissa Mallory, Education Programs Consultant, Migrant Education Office, by phone at 916-319-0730 or by email at mmallory@cde.ca.gov.

Sincerely,

/s/

Veronica Aguila, Director
English Learner Support Division

/s/

Celina Torres, Administrator
Migrant Education Office

VA:mm