BILL NUMBER: AB 2370	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hernandez
   (Coauthors: Assembly Members Ammiano, Coto, De Leon, Hall,
Mendoza, V. Manuel Perez, Torlakson, and Torres)

                        FEBRUARY 19, 2010

   An act to amend Section 48306 of the Education Code, relating to
school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2370, as introduced, Hernandez. School districts of choice.
   Existing law requires each person between the ages of 6 and 18
years, who is not otherwise exempt, to attend the public full-time
day school in the school district in which his or her parent or
guardian is a resident. Existing law authorizes the governing board
of a school district to accept interdistrict transfers by adopting a
resolution to become a school district of choice, as defined, and
authorizes the governing board to ensure, by resolution, that pupils
accepted for transfer are selected through a random, unbiased process
that prohibits an evaluation of whether or not the pupil should be
enrolled based upon his or her academic or athletic performance.
   Existing law authorizes a school district of choice to reject the
transfer of a pupil if the transfer of that pupil would require the
district to create a new program to serve that pupil, except that a
school district of choice is prohibited from rejecting the transfer
of a special needs pupil, including an individual with exceptional
needs, and an English learner.
   Existing law requires a school district of choice to give priority
for attendance to siblings of children already in attendance in that
district and authorizes the district to give priority for attendance
to children of military personnel.
   This bill would require a school district of choice to give
priority to bilingual pupils, English learners, and pupils with
special needs, including individuals with exceptional needs, and
would prohibit the school district from enrolling a bilingual pupil,
English learner, or pupil with special needs in a school that is
identified as a program improvement school for purposes of the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) whether
or not the pupil receives priority for attendance.
   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 48306 of the Education Code is amended to read:

   48306.  (a) A school district of choice shall give priority for
attendance to  siblings   all of   the
following: 
    (1)     Siblings  of children already
in attendance in that district. 
   (2) Bilingual pupils.  
   (3) English learners.  
   (4) Pupils with special needs, including individuals with
exceptional needs, as defined in Section 56026. 
   (b) A school district of choice may give priority for attendance
to children of military personnel. 
   (c) A school district of choice shall not enroll a bilingual
pupil, English learner, or pupil with special needs in a school that
is identified as a program improvement school for purposes of the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) whether
or not that pupil receives priority pursuant to this section.