BILL ANALYSIS Ó AB 306 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 306 (Hadley) - As Amended March 26, 2015 SUBJECT: Public schools: attendance alternatives: children of military personnel SUMMARY: Establishes attendance alternatives for children of military personnel. Specifically, this bill: 1)Provides that parent of a pupil enrolled in a school district of residence may submit an application for the pupil to attend a school in any school district of choice, if the parent with whom the pupil resides is enlisted in the military and is on active military duty. 2)Requires an application requesting a transfer pursuant to this article to be submitted by the parent of a pupil to the school district of choice before January 1 of the school year preceding the school year for which the pupil is requesting the transfer. However, this deadline does not apply to an application requesting a transfer if the parent with whom the pupil resides was relocated by the military within 90 days before submitting the application. The school district of choice may waive the deadline specified in this subdivision. AB 306 Page 2 3)Provides that the application may request enrollment of the pupil in a specific school or program within the school district of choice. 4)Provides that pupil may enroll in the school district of choice in the school year immediately following the approval of his or her application. 5)Requires a school district of choice to establish a period of time for resident pupil enrollment before accepting transfer applications pursuant to this article in order to provide priority enrollment opportunities for pupils residing in the school district of choice. After the period of time for resident pupil enrollment has concluded, if space is available at a school in the desired school district of choice, the school district of choice shall accept and approve a transfer application in accordance with the following priorities: a) First priority for transfer shall be given to the siblings of pupils who already attend the desired school; and b) After approving the applications for enrollment for siblings of pupils, if the number of pupils who request a particular school exceeds the number of spaces at that school, a lottery shall be conducted to select pupils at random until all of the available spaces are filled. 6)Authorizes a school district of choice to adopt specific, written standards for acceptance of applicants pursuant to this article. The standards may include consideration of the capacity of a program, class, grade level, school facilities, and adverse financial impacts. However, these standards may not include consideration of a pupil's previous academic AB 306 Page 3 achievement, physical condition, proficiency in the English language, family income, disability, gender, gender identify, gender expression, nationality, race or ethnicity, religion, or sexual orientation. 7)Defines "active military duty" to mean full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Reserve on active duty orders. 8)Defines "school district of choice" to mean a school district for which an application for enrollment has been submitted by the parent of a pupil requesting enrollment. A school district of choice may include a school district in which the parent of a pupil resides or a school district other than the school district in which the parent of a pupil resides. EXISTING LAW: Authorizes different opportunities for attending a school district other than the district of residence, including interdistrict transfer agreements between two districts, pupil attendance alternatives (which authorize any school district to accept interdistrict transfers), and the ability to attend school in a district where a pupil's parent or guardian is employed. FISCAL EFFECT: Unknown COMMENTS: According to the author's office, there are numerous instances of active military duty parents whose request for interdistrict transfers for their children have been accepted by a district of choice, but denied by the district of residence. (Generally, the transfers have been requested by military parents who want to send their children to a district other than then one where they are deployed and in which they reside.) The AB 306 Page 4 author's office argues that, because military families are subject to frequent moves and have little choice where they live, it is important to give them choices with respect to where they send their children to school. According to the author, "Children of military families already face the realities of adjusting to new schools each time their families are re-stationed. We should help America's service families access the right public schools for their kids while they are here, while at the same time make California's military bases attractive to the military and our country's servicemen and women." Committee amendments. The bill provides that "A parent of a pupil enrolled in a school district of residence may submit an application for the pupil to attend a school in any school district of choice, if the parent with whom the pupil resides is enlisted in the military and is on active military duty." The author's office indicates that the phrase, "enlisted in the military" excludes officers, which is not the intent. Accordingly, staff recommends that the bill be amended to strike that phrase. REGISTERED SUPPORT / OPPOSITION: Support AMVETS-Department of California California Association of County Veterans Service Officers AB 306 Page 5 Jewish War Veterans Military Officers Association of America-California Council Military Order of the Purple Heart Reserve Officers Association of the United States Torrance Area Chamber of Commerce Veterans of Foreign Wars-Department of California Vietnam Veterans of America-California State Council Opposition None received Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087 AB 306 Page 6 Ó AB 306 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 306 (Hadley) - As Amended March 26, 2015 SUBJECT: Public schools: attendance alternatives: children of military personnel SUMMARY: Establishes attendance alternatives for children of military personnel. Specifically, this bill: 1)Provides that parent of a pupil enrolled in a school district of residence may submit an application for the pupil to attend a school in any school district of choice, if the parent with whom the pupil resides is enlisted in the military and is on active military duty. 2)Requires an application requesting a transfer pursuant to this article to be submitted by the parent of a pupil to the school district of choice before January 1 of the school year preceding the school year for which the pupil is requesting the transfer. However, this deadline does not apply to an application requesting a transfer if the parent with whom the pupil resides was relocated by the military within 90 days before submitting the application. The school district of choice may waive the deadline specified in this subdivision. AB 306 Page 2 3)Provides that the application may request enrollment of the pupil in a specific school or program within the school district of choice. 4)Provides that pupil may enroll in the school district of choice in the school year immediately following the approval of his or her application. 5)Requires a school district of choice to establish a period of time for resident pupil enrollment before accepting transfer applications pursuant to this article in order to provide priority enrollment opportunities for pupils residing in the school district of choice. After the period of time for resident pupil enrollment has concluded, if space is available at a school in the desired school district of choice, the school district of choice shall accept and approve a transfer application in accordance with the following priorities: a) First priority for transfer shall be given to the siblings of pupils who already attend the desired school; and b) After approving the applications for enrollment for siblings of pupils, if the number of pupils who request a particular school exceeds the number of spaces at that school, a lottery shall be conducted to select pupils at random until all of the available spaces are filled. 6)Authorizes a school district of choice to adopt specific, written standards for acceptance of applicants pursuant to this article. The standards may include consideration of the capacity of a program, class, grade level, school facilities, and adverse financial impacts. However, these standards may not include consideration of a pupil's previous academic AB 306 Page 3 achievement, physical condition, proficiency in the English language, family income, disability, gender, gender identify, gender expression, nationality, race or ethnicity, religion, or sexual orientation. 7)Defines "active military duty" to mean full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Reserve on active duty orders. 8)Defines "school district of choice" to mean a school district for which an application for enrollment has been submitted by the parent of a pupil requesting enrollment. A school district of choice may include a school district in which the parent of a pupil resides or a school district other than the school district in which the parent of a pupil resides. EXISTING LAW: Authorizes different opportunities for attending a school district other than the district of residence, including interdistrict transfer agreements between two districts, pupil attendance alternatives (which authorize any school district to accept interdistrict transfers), and the ability to attend school in a district where a pupil's parent or guardian is employed. FISCAL EFFECT: Unknown COMMENTS: According to the author's office, there are numerous instances of active military duty parents whose request for interdistrict transfers for their children have been accepted by a district of choice, but denied by the district of residence. (Generally, the transfers have been requested by military parents who want to send their children to a district other than then one where they are deployed and in which they reside.) The AB 306 Page 4 author's office argues that, because military families are subject to frequent moves and have little choice where they live, it is important to give them choices with respect to where they send their children to school. According to the author, "Children of military families already face the realities of adjusting to new schools each time their families are re-stationed. We should help America's service families access the right public schools for their kids while they are here, while at the same time make California's military bases attractive to the military and our country's servicemen and women." Committee amendments. The bill provides that "A parent of a pupil enrolled in a school district of residence may submit an application for the pupil to attend a school in any school district of choice, if the parent with whom the pupil resides is enlisted in the military and is on active military duty." The author's office indicates that the phrase, "enlisted in the military" excludes officers, which is not the intent. Accordingly, staff recommends that the bill be amended to strike that phrase. REGISTERED SUPPORT / OPPOSITION: Support AMVETS-Department of California California Association of County Veterans Service Officers AB 306 Page 5 Jewish War Veterans Military Officers Association of America-California Council Military Order of the Purple Heart Reserve Officers Association of the United States Torrance Area Chamber of Commerce Veterans of Foreign Wars-Department of California Vietnam Veterans of America-California State Council Opposition None received Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087 AB 306 Page 6