(1) Existing law authorizes the governing board of any school district to admit pupils residing in another school district to attend any school in that district. Existing law authorizes school districts of residence to limit the number of pupils newly transferring out each year based upon the district’s average daily attendance. Existing law credits the school district of choice, as to pupils admitted to the school district under this authority, with a corresponding increase in average daily attendance for state apportionment purposes. Existing law prohibits the school district of residence from adopting policies that block or discourage pupils from applying for a transfer and permits the parent or guardian of a pupil who is prohibited from transferring to appeal the decision to the county board of education. Existing law provides that the governing board of a school district may, but is not required to, accept interdistrict transfers, and requires a governing board that elects to accept transfers to adopt a resolution to ensure that pupils admitted under the policy are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based upon his or her academic or athletic performance. Existing law provides that either the pupil’s school district of residence, upon notification of the pupil’s acceptance to the school district of choice, or the school district of choice may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the district determines that the transfer would negatively impact the court-ordered desegregation plan of the district or the voluntary desegregation plan of the district that meets certain criteria or the racial and ethnic balance of the district.

Under existing law, those provisions become inoperative on July 1, 2000, and are repealed as of January 1, 2001.

This bill would instead provide that these provisions become inoperative on July 1, 2003, and are repealed as of January 1, 2004. By extending the appeal duties of the county board of education under these provisions, this bill would impose a state-mandated local program.

This bill would require, on or before July 1, 2002, the Superintendent of Public Instruction to report to the Governor and the Legislature on the effectiveness of these provisions and to make recommendations regarding their continuation or modification. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.