BILL NUMBER: AB 2312	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 8, 2006
	AMENDED IN ASSEMBLY  MAY 1, 2006

INTRODUCED BY   Assembly Member Strickland

                        FEBRUARY 22, 2006

   An act to add Section 33355 to the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2312, as amended, Strickland  Pupil transfer policy:
interscholastic athletics and activities.
   Under existing law, the State Department of Education has certain
authority over interscholastic activities including that if the
department states that a school district, an association, or
consortium of school districts, or the California Interscholastic
Federation is not in compliance with state or federal law, the
department may require the school district, association, or
consortium, or the federation to adjust its policy so that it is in
compliance.  Under existing law, the department is prohibited from
determining the specific policy that a school district, association,
or consortium, or the federation must adopt in order to comply with
state and federal laws.
   This bill would prohibit school districts, associations or
consortia of school districts, the California Interscholastic
Federation, voluntary associations, or any other entity that governs
interscholastic athletics or activities from prohibiting a pupil who
transfers to a school from participating in interscholastic athletics
or activities at that school  , except where that pupil's
disciplinary action resulted in restriction from participating in
sports at the school, that existed prior to, or at the time of, the
pupil's transfer from his or her prior school   if it is
the pupil's first time transferring to, and participating in
interscholastic athletics or activities at, a school or if the pupil
is transferring to his or her neighborhood high school to which the
pupil was originally assigned   at the beginning of grade 9.
The bill would also authorize the above entities to prohibit a pupil
from participating in interscholastic athletics or activities if the
prohibition is   needed to enforce a prior disciplinary
action   which restricted that pupil's participation in
interscholastic athletics or activities  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 33355 is added to the Education Code, to read:

   33355.   (a)    School districts, associations
or consortia of school districts, the California Interscholastic
Federation, voluntary associations, or any other entity that governs
or regulates interscholastic athletics or activities shall not
prohibit a pupil who transfers to a school from participating in
interscholastic athletics or activities at that school  if it is
the pupil's first time transferring to, and participating in
interscholastic athletics or activities at, a school or if the pupil
is transferring to his or her neighborhood high school to which the
pupil was originally assigned at the beginning of grade 9  .
 Notwithstanding the foregoing, this section shall not be
construed to prohibit a school from enforcing a disciplinary action
against a pupil where that pupil's disciplinary action resulted in
restriction from participating in sports activities at the school,
that existed prior to, or at the time of, the pupil's transfer from
his or her prior school of attendance.  
   (b) Notwithstanding subdivision (a), an entity specified in
subdivision (a) may prohibit a pupil who transfers to a school from
participating in interscholastic athletics or activities if the
prohibition is needed to enforce a prior disciplinary action which
restricted that pupil's participation in interscholastic athletics or
activities.