Code Section

Education Code - EDC

TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001]

  ( Title 2 enacted by Stats. 1976, Ch. 1010. )
  

DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001]

  ( Division 4 enacted by Stats. 1976, Ch. 1010. )
  

PART 27. PUPILS [48000 - 49703]

  ( Part 27 enacted by Stats. 1976, Ch. 1010. )
  

CHAPTER 2. Compulsory Education Law [48200 - 48361]

  ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )
  

ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317]
  ( Article 7 added by Stats. 2004, Ch. 21, Sec. 1. )

  
48301.  

(a) (1) The governing board of a 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 the governing board of a school district elects to accept transfers as authorized under this article, it shall, by resolution, 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 ensure that pupils admitted under this article are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a 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.

(2) If the number of transfer applications exceeds the number of transfers the governing board of a 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 the governing board of the school district of choice.

(b) Communications to parents by school districts of choice shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a pupil or pupils’ actual or perceived academic or athletic skill or 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) 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 the school district of choice implements pursuant to subdivision (a).

(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 school district of choice regarding the transfer opportunities under the program shall be available in all languages for which translations are required in the school district of residence pursuant to Section 48985.

(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).

(Amended by Stats. 2017, Ch. 15, Sec. 32. (AB 99) Effective June 27, 2017. Inoperative July 1, 2023. Repealed as of January 1, 2024, pursuant to Section 48315.)