BILL NUMBER: AB 1238	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 18, 2011

   An act to amend Section 48354 of the Education Code, relating to
school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1238, as introduced, Fletcher. School districts: Open
Enrollment Act.
   Existing law, the Open Enrollment Act, authorizes the parent of a
pupil enrolled in a low-achieving school, as defined, to submit an
application for the pupil to attend a school in a school district
other than the school district in which the parent of the pupil
resides. Existing law sets forth a procedure for the submission of
applications.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 48354 of the Education Code is amended to read:

   48354.  (a) The parent  or guardian  of a pupil enrolled
in a low-achieving school may submit an application for the pupil to
attend a school in a school district of enrollment pursuant to this
article.
   (b) (1) Consistent with the requirements of Section 1116(b)(1)(E)
of the federal Elementary and Secondary Education Act of 2001 (20
U.S.C. Sec. 6301 et seq.), on or before the first day of the school
year, or, if later, on the date the notice of program improvement,
corrective action, or restructuring status is required to be provided
under federal law  ,  the district of residence shall
provide the parents and guardians of all pupils enrolled in a school
determined in subdivision (a) of Section 48352 with notice 
of the   that the pupils   have the 
option to transfer to another public school served by the school
district of residence or another school district.
   (2) An application requesting a transfer pursuant to this article
shall be submitted by the parent  or guardian  of a pupil to
the school district of enrollment  prior to  
before  January 1 of the school year preceding the school year
for which the pupil is requesting to transfer. The school district of
enrollment may waive the deadline specified in this paragraph.
   (3) The application deadline specified in paragraph (2) does not
apply to an application requesting a transfer if the parent  or
guardian  , with whom the pupil resides, is enlisted in the
military and was relocated by the military within 90 days 
prior to   before  submitting the application.
   (4) The application may request  the  enrollment of the
pupil in a specific school or program within the school district of
enrollment.
   (5) A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval of
his or her application.
   (6) In order to provide priority enrollment opportunities for
pupils residing in the school district, a school district of
enrollment shall establish a period of time for resident pupil
enrollment  prior to   before  accepting
transfer applications pursuant to this article.