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

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Amended  IN  Assembly  May 11, 2010
Amended  IN  Assembly  April 12, 2010
Amended  IN  Assembly  March 11, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 2370

Introduced  by  Assembly Member Hernandez
 (Coauthor(s): Assembly Member Ammiano, Coto, De Leon, Hall, Mendoza, V. Manuel Perez, Torlakson, Torres)

February 19, 2010

An act to amend Sections 48306 and 48307 of, and to add Section 48311.5 to, the Education Code, relating to school districts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2370, as amended, Hernandez. School districts of choice.
Existing law requires each person between the ages of 6 and 18 years, who is not otherwise exempt, to attend the public full-time day school in the school district in which his or her parent or guardian is a resident. Existing law authorizes the governing board of a school district to accept interdistrict transfers by adopting a resolution to become a school district of choice, as defined, and authorizes the governing board to ensure, by resolution, that pupils accepted for transfer 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 authorizes a school district of choice to reject the transfer of a pupil if the transfer of that pupil would require the district to create a new program to serve that pupil, except that a school district of choice is prohibited from rejecting the transfer of a special needs pupil, including an individual with exceptional needs, and an English learner.
Existing law requires a school district of choice to give priority for attendance to siblings of children already in attendance in that district and authorizes the district to give priority for attendance to children of military personnel.
Existing law authorizes a school district of residence to limit the number of pupils transferring out each year, as specified.
This bill would require a school district of choice to give priority to English learners and, pupils who are individuals with exceptional needs, and pupils who are eligible for free and reduced price meals. The bill would make a legislative finding and declaration related to the fiscal responsibilities of the county superintendent of schools in implementing the limitation on the transfers out of a school district of residence. The bill would require a school district of choice to ensure that a pupil who transfers into the district is enrolled in a school with a higher Academic Performance Index score than the school in which the pupil was previously enrolled.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 48306 of the Education Code is amended to read:

48306.
 (a) (1) A school district of choice shall give priority for attendance to all of the following:

(1)Siblings of children already in attendance in that district.

(2)English learners.

(3)Pupils who are individuals with exceptional needs, as defined in Section 56026. 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.
(3) A school district of choice shall comply with the priority requirements of this subdivision before admitting other pupils who seek to transfer into the district pursuant to this article.
(b) A school district of choice may give 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 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 of Division 3, only if the county superintendent of schools determines that 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 district 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 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.
(2) The 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.
(e) If a school district of residence 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.
(f) Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of eligibility to enroll in a school district of 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.