BILL ANALYSIS
AB 2444
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CONCURRENCE IN SENATE AMENDMENTS
AB 2444 (Furutani)
As Amended August 18, 2010
Majority vote
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|ASSEMBLY: |75-0 |(May 13, 2010) |SENATE: |36-0 |(August 23, |
| | | | | |2010) |
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Original Committee Reference: ED.
SUMMARY : Precludes a pupil, who is enrolled in a school
pursuant to interdistrict transfer provisions under current law,
from having to reapply for an interdistrict transfer and
requires that a district allow a pupil to continue to attend the
school in which he or she is enrolled, except as specified in
terms and conditions for reapplication or revocation agreed to
by the district of residence (DOR) and district of enrollment
(DOE); also prohibits a district from rescinding transfer
permits for pupils entering grades 11 or 12.
The Senate amendments delete specific authorization for a school
district to revoke an existing transfer permit on the basis of
specified standards and criteria for fiscal stability, and
instead authorize the DOR and DOE to include standards for
reapplication and revocation in the interdistrict attendance
agreement.
EXISTING LAW :
1)Authorizes the governing boards of two or more school
districts to enter into an agreement, for a term not to exceed
five school years, for the interdistrict attendance of pupils.
The agreement may also provide for the admission and
enrollment of a pupil in a district other than that pupil's
DOR, if the DOE is a party to the agreement, and requires that
the DOE maintain schools and classes in kindergarten or any of
grades 1 to 12. (Education Code 46600)
2)Provides that a school district may deem a pupil to have
complied with the residency requirements for school attendance
in the district if at least one parent or the legal guardian
of the pupil is physically employed within the boundaries of
AB 2444
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that district. (Education Code 48204)
AS PASSED BY THE ASSEMBLY , this bill granted similar protections
to transferring pupils, but authorized a DOR to rescind an
interdistrict transfer permit granted under the provisions of
existing law if the DOR failed to meet specified standards and
criteria for fiscal stability.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : This bill seeks to enhance and protect pupil
stability by prohibiting a pupil granted an interdistrict
transfer from being required to reapply for an interdistrict
transfer for the duration of that pupil's tenure at a specific
school. A DOR and DOE must, accordingly, allow the continued
enrollment of a student at a school attended under an
interdistrict transfer as long as the pupil remains at that
school, except as specified in any terms and conditions for
reapplication or revocation agreed to by the districts in their
interdistrict attendance agreement. The bill also prohibits a
DOR and DOE from rescinding existing transfer permits for pupils
entering grades 11 or 12 in the subsequent school year,
notwithstanding any provisions of the interdistrict attendance
agreement to the contrary. The provisions specified in this
bill do not alter the interdistrict transfer application process
or the current authorities under which a transfer may be
granted.
Amendments taken in the Senate enable the DOR and DOE to
stipulate terms that may require students to reapply for an
interdistrict transfer, as well as establish conditions under
which an interdistrict transfer may be revoked. These
amendments also remove the condition that a DOR or DOE may
rescind a transfer under circumstances, in which a district has
been certified with a negative or qualified status, as
established by amendments taken in the Assembly Education
committee. Senate amendments, however, would allow districts to
include this provision in an interdistrict transfer agreement if
they choose. Districts may also include other provisions deemed
appropriate by the DOR and DOE with regard to conditions for
reapplication for or rescission of an interdistrict transfer
permit. This authority provides a level of protection and
flexibility for school districts granting interdistrict transfer
permits.
AB 2444
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Analysis Prepared by : Pilar Whitaker and Gerald Shelton / ED.
/ (916) 319-2087
FN:
0006381