Legislation Changes Residency Requirements for Children of Live-In Domestic Workers

Following their controversial investigation into the residency of a live-in Nanny’s 7 year-old child, the Orinda Unified School District reversed their decision to disenroll the second grader but reportedly did so only after requiring her mother’s employer to agree to become the second graders’ official caregivers and complete a caregiver affidavit. See original story here

Senator Ricardo Lara’s SB 200 puts an end to the uncertainty faced by live-in workers by stating that a pupil complies with a school district’s residency requirements in instances where the pupil’s parent or legal guardian resides outside of the boundaries of that school district but is employed and lives at the place of his or her employment within the boundaries of the school district for a minimum of 3 days during the school week. Senator Lara’s office noted that although school districts had the ability under other current laws to allow live-in workers’ children to attend school where they work, many school districts were refusing to do so. Beginning January 1, 2016* when the new law takes effect, admitting children of live-in workers will no longer be optional for school districts – the districts will be required to recognize these students as residents for purposes of school enrollment if the statute’s very basic requirements are met.

*The original publication of this post had July 1, 2017 as the effective date. We have clarified with Senator Lara’s office and have now included the correct date of January 1, 2016.

For any questions about this story or any issues pertaining to school district policy, contact Mary Hernández.