BILL NUMBER: AB 208 CHAPTERED 08/30/05 CHAPTER 142 FILED WITH SECRETARY OF STATE AUGUST 30, 2005 APPROVED BY GOVERNOR AUGUST 30, 2005 PASSED THE SENATE AUGUST 18, 2005 PASSED THE ASSEMBLY MAY 31, 2005 AMENDED IN ASSEMBLY APRIL 18, 2005 AMENDED IN ASSEMBLY MARCH 31, 2005 INTRODUCED BY Assembly Members Gordon and Parra (Coauthors: Assembly Members Bermudez, Chavez, Cohn, DeVore, Shirley Horton, Karnette, Maze, Oropeza, Ruskin, and Walters) (Coauthor: Senator Alquist) JANUARY 31, 2005 An act to amend Sections 48306 and 48308 of the Education Code, relating to school districts. LEGISLATIVE COUNSEL'S DIGEST AB 208, Gordon School districts: priority for attendance: children of military personnel. Existing law requires each person between the ages of 6 and 18 years, not otherwise exempt, to attend the public full-time day school in the district in which their parent or guardian is a resident. Existing law, until January 1, 2008, authorizes the governing board of a school district to adopt a resolution to become a school district of choice that accepts interdistrict transfers, as specified. Existing law establishes a transfer application procedure, as specified. Existing law authorizes the district to limit the number of pupils accepted for transfer in specified circumstances, but requires the district to give priority for attendance to siblings of children already in attendance in that district. This bill would also authorize a school district of choice to give priority for attendance to children of military personnel, if the school district elected to accept transfer pupils pursuant to the above provisions by a resolution adopted by the governing board of the school district prior to April 1, 2005. The bill would also make specified exceptions to, and provisions regarding, the transfer application procedure in existing law, with respect to pupils whose parents or legal guardians are enlisted in the military. 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) A school district of choice shall give priority for attendance to siblings of children already in attendance in that district. (b) A school district of choice may give priority for attendance to children of military personnel, if the school district elected to accept transfer pupils pursuant to Section 48301 by a resolution adopted by the governing board of the school district prior to April 1, 2005. SEC. 2. Section 48308 of the Education Code is amended to read: 48308. (a) (1) An application requesting a transfer pursuant to this article shall be submitted by the parent or guardian of a pupil to the school district of choice that has elected to accept transfer pupils pursuant to Section 48301 prior to January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice. (2) The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent or guardian of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to submitting the application. (b) The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district. (c) (1) Not later than 90 days after the receipt by a school district of an application for transfer, the governing board of the school district may notify the parent or guardian in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. Final acceptance or rejection shall be made by May 15 preceding the school year for which the pupil is requesting to be transferred. (2) (A) Notwithstanding paragraph (1), the governing board of a school district shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district immediately upon his or her acceptance. (B) If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days prior to the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district shall accept or deny the application prior to the commencement of the school year. A pupil may enroll in a school in the school district immediately upon his or her acceptance. (3) If the application is accepted, the notice required by this subdivision may be provided to the school district of residence. If the application is rejected, the district governing board may set forth in the written notification to the parent or guardian the specific reason or reasons for that determination, and may ensure that the determination, and the specific reason or reasons therefor, are accurately recorded in the minutes of a regularly scheduled board meeting in which the determination was made. (d) Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution withdraws from participation in the program and no longer will accept any transfer pupils from other districts. However, if a school district of choice withdraws from participation in the program, high school pupils admitted under this article may continue until they graduate from high school.