Today's Law As Amended


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AB-2370 School districts of choice.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 48306 of the Education Code is amended to read:

48306.
 (a) (1)  A school district of choice shall give first priority for attendance to siblings of children already in attendance in that district. priority for 
attendance as follows:
(A) First priority shall be given to siblings of pupils already in attendance in that district.
(B) Second priority shall be given to all of the following:
(i) English learners.
(ii) Pupils who are individuals with exceptional needs, as defined in Section 56026.
(iii) Pupils who are eligible for free and reduced price meals.
(2) If the number of priority pupils who request a particular school exceeds the number of spaces available at that school, the school district shall conduct a lottery in the group priority order identified in subparagraphs (A) and (B) to select pupils at random until all of the spaces are filled.
(b) (3)  A school district of choice shall give second priority for attendance to pupils eligible for free or reduced-price meals. comply with the priority requirements of this subdivision before admitting other pupils who seek to transfer into the district pursuant to this article. 
(c) (b)  A school district of choice shall may  give third  priority for attendance to children of military personnel.

SEC. 2.

 Section 48307 of the Education Code is amended to read:

48307.
 (a) A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance.
(b) A school district of residence with an average daily attendance of 50,000 or less less than 50,000  may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period.
(c) A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year.
(d) (1)  Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, if a 24 of Division 3, only if the  county superintendent of schools determines that a school district of residence  the district  would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year exclusively due to the impact of additional pupil transfers pursuant to this article in that year, the school  district of residence  may limit the number of additional pupils who transfer in the upcoming school year pursuant to this article up to the number that the county superintendent of schools  identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article.
(e) A school district of residence, upon receiving notification of a pupil’s acceptance into 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 school district of residence determines that the transfer would negatively impact any of the following:
(1) The court-ordered desegregation plan of the school district of residence.
(2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election. Legislature finds and declares that the fiscal responsibilities of the county superintendent of schools set forth in this subdivision are related to the current oversight responsibilities of the county superintendent pursuant to Chapter 6 (commencing with Section 42100) of Part 24 of Division 3. 
(3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.
(f) (e)  Notwithstanding any other provision of this article,  If  a school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent. limits the number of pupils who transfer out of the district pursuant to subdivision (c) or (d), pupils who have already been enrolled or notified of eligibility for enrollment, including through the random, public selection process prior to the action by the district to limit transfers shall be permitted to attend the school district of choice. 
(g) A school district of residence shall not adopt policies that in any way block or discourage pupils from applying for transfer to a school district of choice.
(h) (f)  Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of acceptance into  eligibility to enroll in  a school district of choice before the school district of residence restricted further transfers pursuant to subdivision (c) or (d)  choice, including a pupil selected by means of a random selection process conducted on or before June 30, 2009, pursuant to this article, as it read on June 30, 2009,  shall be permitted to attend the school district of choice.

SEC. 3.

 Section 48311.5 is added to the Education Code, to read:

48311.5.
 A school district of choice shall ensure that a pupil who transfers into the district pursuant to this article is enrolled in a school with a higher Academic Performance Index score than the school in which the pupil was previously enrolled.