Today's Law As Amended


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AB-306 Public schools: attendance alternatives: children of military personnel.(2015-2016)



As Amends the Law Today
As Amends the Law on Nov 20, 2015


SECTION 1.

 Section 48300 of the Education Code is amended to read:

48300.
 For purposes of this article, the following definitions apply:
(a) “Active military duty” means full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) of, and Chapter 1211 (commencing with Section 12401) of, Part II of Subtitle E of  Sections 1209 and 1211 of the  Title 10 of the United States Code.
(b) “Parent” means the natural or adoptive parent or guardian of a dependent child.
(c) “School district of choice” means a school district for which a resolution is in effect as described in subdivision (a) of Section 48301.
(d) “School district of residence” means the school district that a pupil would be directed by this chapter to attend, except as otherwise provided by this article.

SEC. 2.

 Section 48301 of the Education Code is amended to read:

48301.
 (a) (1)  The governing board of a any  school district may elect to operate the school district as a school district of choice and may accept transfers from school districts of residence pursuant to this article. If accept interdistrict transfers. A school district that receives an application for attendance under this article is not required to admit pupils to its schools. If, however,  the governing board of a school district elects to accept transfers as authorized under this article, it shall, may,  by resolution, elect to accept transfer pupils,  determine and adopt the number of transfers it is willing to accept under this article and shall accept all pupils who apply to transfer until the school district is at maximum capacity. The school district of choice shall  article, and  ensure that pupils admitted under this article the policy  are selected through an  a random,  unbiased process that prohibits an inquiry into or evaluation or consideration  evaluation  of whether or not a the  pupil should be enrolled based upon his or her academic or athletic performance, physical condition, proficiency in English, any of the individual characteristics set forth in Section 200, and, except for purposes of determining priority for pupils eligible for free or reduced-price meals pursuant to Section 48306, family income. performance. Any pupil accepted for transfer shall be deemed to have fulfilled the requirements of Section 48204. If the number of transfer applications exceeds the number of transfers the governing board of a school district elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district. 
(2) (b)  If the number of transfer applications exceeds the number of transfers the governing board of a Either the pupil’s school district of residence, upon notification of the pupil’s acceptance to the  school district of choice elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of  pursuant to subdivision (c) of Section 48308, 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 school district of choice. determines that the transfer would negatively impact any of the following: 
(1) The court-ordered desegregation plan of the school district.
(2) The voluntary desegregation plan of the school district.
(3) The racial and ethnic balance of the school district.
(c) The school district of residence may not adopt policies that in any way block or discourage pupils from applying for transfer to another school district.
(b) (d)  Communications to parents or guardians  by school districts of choice  electing to enroll pupils under the choice options provided by this article  shall be factually accurate and not target individual parents or guardians or  residential neighborhoods on the basis of a pupil or pupils’  child’s  actual or perceived academic or athletic skill performance  or any  other personal characteristic.
(c) A school district of choice, with respect to compliance with subdivisions (a) and (b), shall be subject to the audit conducted pursuant to Section 41020.
(d) (e)  A school district of choice shall post application information on its Internet Web site. This information shall include, at a minimum, any applicable form and the timeline for a transfer pursuant to this article. This information also shall include an explanation of the selection process  choice, at its expense, shall ensure that the auditor who conducts the annual audit pursuant to Section 41020, at the same time that he or she is conducting that annual audit, reviews compliance with the provisions in this section regarding a random, unbiased selection process and appropriate communications. The compliance review specified in this subdivision is not subject to the requirements in subdivision (d) of Section 41020. The school district of choice shall notify the auditor regarding this compliance review specified in this subdivision before the commencement of the annual audit. The governing board of  the school district of choice implements pursuant to subdivision (a). shall include a summary of audit exceptions, if any, resulting from the compliance review conducted pursuant to this subdivision in the report it provides pursuant to subdivision (b) of Section 48313. 
(e) A pupil attending a school in a school district of choice shall be deemed to have fulfilled the requirements of Section 48204.
(f) All communication from a  A  school district of choice regarding the transfer opportunities under the program shall be available in all languages for which translations are required in  residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent to a school in any school district, if  the school district of residence pursuant to Section 48985. to which the parent of the pupil applies approves the application for transfer. 
(g) On or before July 1, 2018, a school district of choice shall register as a school district of choice with both the Superintendent in a manner specified by the Superintendent and the county board of education where the school district of choice is located.
(h) Commencing with the 2018–19 school year, a school district of choice shall not enroll pupils under this article until the school district has registered pursuant to subdivision (g).