Amended in Assembly May 5, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 306


Introduced by Assembly Member Hadley

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(Coauthor: Assembly Member Burke)

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(Coauthor: Senator Allen)

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February 12, 2015


An act to add Article 7.5 (commencing with Section 48318) to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, relating to school districts.

LEGISLATIVE COUNSEL’S DIGEST

AB 306, as amended, Hadley. Public schools: attendance alternatives: children of military personnel.

Existing law requires each person between 6 and 18 years of age, 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 provides for attendance alternatives, authorizes the governing board of any school district to accept interdistrict transfers, and prescribes procedures for the acceptance and approval of applications for interdistrict transfers. Existing law further authorizes a school district of choice, as defined, to give priority of attendance to children of military personnel.

This bill would authorize a parent of a pupil enrolled in a school district of residence, as defined, to submit an application for the pupil to attend a school in any school district of choice, as defined, if the parent with whom the pupil resides isbegin delete enlisted in the military and isend delete on active military duty, as defined. The bill would require that an application requesting such a transfer to a school district of choice be submitted to the school district of choice before January 1 of the year preceding the school year for which a pupil is requesting the transfer, except as provided, and would specify that the application may request enrollment of the pupil in a specific school or program within the school district of choice. The bill would require a school district of choice to establish a time period for resident pupil enrollment, in order to provide priority enrollment opportunities for pupils residing in the school district, and, after that time period has concluded, if space is available at a school in the school district of choice, to accept and approve transfer applications submitted pursuant to those provisions, in accordance with specified priorities. The bill would require a school district of choice that receives such an application for a transfer to allow the pupil to enroll in the school district of choice in the school year immediately following the approval of his or her application. The bill would authorize a school district of choice to adopt specific, written standards for the acceptance of applicants pursuant to those provisions. By imposing new duties on school districts with regard to the review and acceptance of requests for alternative school attendance by children of military personnel, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Article 7.5 (commencing with Section 48318) is
2added to Chapter 2 of Part 27 of Division 4 of Title 2 of the 3Education Code, to read:

 

P3    1Article 7.5.  Attendance Alternatives for Children of Military
2Personnel
3

 

4

48318.  

For purposes of this article, the following definitions
5apply:

6(a) “Active military duty” means full-time military duty status
7in the active uniformed service of the United States, including
8members of the National Guard and the State Reserve on active
9duty orders pursuant to Sections 1209 and 1211 of Title 10 of the
10United States Code.

11(b) “Parent” means the natural or adoptive parent or guardian
12of a dependent child.

13(c) “School district of choice” means a school district for which
14an application for enrollment has been submitted by the parent of
15a pupil requesting enrollment pursuant to Section 48318.1. A
16school district of choice may include a school district in which the
17parent of a pupil resides or a school district other than the school
18district in which the parent of a pupil resides.

19(d) “School district of residence” means the school district that
20a pupil would be directed to attend, pursuant to this chapter.

21

48318.1.  

(a) A parent of a pupil enrolled in a school district
22of residence may submit an application for the pupil to attend a
23school in any school district of choice, if the parent with whom
24the pupil resides isbegin delete enlisted in the military and isend delete on active military
25duty.

26 (b) An application requesting a transfer pursuant to this article
27shall be submitted by the parent of a pupil to the school district of
28choice before January 1 of the school year preceding the school
29year for which the pupil is requesting the transfer. However, this
30deadline does not apply to an application requesting a transfer if
31the parent with whom the pupil resides was relocated by the
32military within 90 days before submitting the application. The
33school district of choice may waive the deadline specified in this
34subdivision.

35(c) The application may request enrollment of the pupil in a
36specific school or program within the school district of choice.

37(d) A pupil may enroll in the school district of choice in the
38school year immediately following the approval of his or her
39application.

P4    1(e) In order to provide priority enrollment opportunities for
2pupils residing in the school district of choice, a school district of
3choice shall establish a period of time for resident pupil enrollment
4before accepting transfer applications pursuant to this article. After
5the period of time for resident pupil enrollment has concluded, if
6space is available at a school in the desired school district of choice,
7the school district of choice shall accept and approve a transfer
8application submitted pursuant to this article, in accordance with
9the following priorities:

10(1) First priority for transfer shall be given to the siblings of
11pupils who already attend the desired school.

12(2) After approving the applications for enrollment for siblings
13of pupils pursuant to the priority specified in paragraph (1), if the
14number of pupils who request a particular school exceeds the
15number of spaces at that school, a lottery shall be conducted to
16select pupils at random until all of the available spaces are filled.

17

48318.2.  

A school district of choice may adopt specific, written
18standards for acceptance of applicants pursuant to this article. The
19standards may include consideration of the capacity of a program,
20class, grade level, school facilities, and adverse financial impacts.
21However, these standards may not include consideration of a
22pupil’s previous academic achievement, physical condition,
23proficiency in the English language, family income, or any of the
24individual characteristics set forth in Section 200.

25

SEC. 2.  

If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.



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