BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 680
AUTHOR: Romero and Huff
INTRODUCED: February 27, 2009
FISCAL COMM: No HEARING DATE: April 15, 2009
URGENCY: Yes CONSULTANT: James Wilson
SUBJECT : Interdistrict Pupil Attendance
SUMMARY
This bill, an urgency measure, repeals the inoperative and
repeal dates on the statute that allows a school district
to permit the enrollment of pupils who reside in other
districts by declaring that it is a "school district of
choice". This bill also repeals the statute that limits
"school district of choice" status to those districts that
participated in the program prior to August 2007.
BACKGROUND
Current law provides several means to authorize
inter-district attendance of a pupil who resides in one
school district but wishes to attend public school in
another district. The primary authorization (EC Sec. 46600
et seq.) provides for inter-district attendance when both
the district of residence and district of proposed
attendance agree. Another authorization allows a pupil to
attend school in a district where the pupil's parent or
legal guardian is employed, rather than where the pupil and
parent reside (EC Sec. 48204.b). The district where the
parent is employed must agree to this alternative, and
either district of residence or district of parental
employment may prohibit the transfer under specified
conditions.
Another authorization for inter-district transfer is known
as the "school districts of choice" authorization (EC Sec.
48300 et seq.) in which the governing board of a school
district may declare the district to be a "district of
choice" willing to accept a specified number of
inter-district transfers. Under current law, the district
of choice authorization is limited to those districts that
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declared their intent to use the authorization prior to the
statutes last effective date of August 24, 2007.
A "district of choice" is not required to admit pupils but
those pupils that it does elect to admit must be selected
through a random process that prohibits enrollment based on
academic or athletic performance. School districts of
choice must give priority for attendance to siblings of
children already in attendance in that district. This law
is currently scheduled to become inoperative on July 1,
2009.
ANALYSIS
This bill, an urgency measure:
1) Repeals the July 1, 2009 inoperative date and January
1, 2010 repeal date on the School District of Choice
authorization, thereby allowing the authorization to
continue.
2) Repeals the prohibition on districts that have not
previously utilized the School District of Choice
authorization from initiating new programs under the
statute.
STAFF COMMENTS
1) Legislative history . The School Districts of Choice
authorization for interdistrict transfers was
initially established by AB 19 (Quackenbush), Chapter
160 of 1993. The statute was re-authorized in 2004 by
AB 19 (Nation, Chapter 21) which extended the statute
until July 1, 2007.
In 2007, AB 270 (Huff) would have extended the life of the
Districts of Choice program, but that measure was held
in the Assembly Appropriations Committee. Instead a
budget trailer bill, SB 80 (Chapter 174 of 2007)
extended the authorization until July 1, 2009, but
added a new section to the law that "grandfathered"
the districts then participating and prohibited new
districts from becoming a school district of choice.
2) Fiscal impact. This measure has not been flagged for
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fiscal committee suggesting that the legislative
counsel does not perceive the bill to have any General
Fund implications. School districts, however, would
see this bill as having significant fiscal
implications insofar as districts lose revenue when
pupils exercise their right to transfer out under the
authorization. In addition, the districts that
declare themselves open to transfers as "Districts of
Choice" may offset declining enrollment and preserve
programs, as well as choice, by accepting transferring
into their district.
SUPPORT
Bolinas-Stinson Union School District
Columbine Elementary School District
Ed Voice
Lagunitas School District
Oak Park Unified School District
Santa Clara Elementary School District
Waukena Joint Union Elementary School District
Letters from individuals
OPPOSITION
None Received.