Bill Text: CA AB2370 | 2009-2010 | Regular Session | Amended
Bill Title: School districts of choice.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2010-06-24 - In committee: Set first hearing. Failed passage. Reconsideration refused. [AB2370 Detail]
Download: California-2009-AB2370-Amended.html
BILL NUMBER: AB 2370 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2010
AMENDED IN ASSEMBLY APRIL 12, 2010
AMENDED IN ASSEMBLY MARCH 11, 2010
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 Sections 48306 and 48307 of, and to add Section
48311.5 to, the Education Code, relating to school districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2370, as amended, 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.
Existing law authorizes a school district of residence to limit
the number of pupils transferring out each year, as specified.
This bill would require a school district of choice to give
priority to English learners and ,
pupils who are individuals with exceptional needs ,
and pupils who are eligible for free and reduced price meals .
The bill would make a legislative finding and declaration related to
the fiscal responsibilities of the county superintendent of schools
in implementing the limitation on the transfers out of a school
district of residence. The bill would require a school district of
choice to ensure that a pupil who transfers into the district is
enrolled in a school with a higher Academic Performance Index score
than the school in which the pupil was previously enrolled.
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) (1) A school district of choice
shall give priority for attendance to all of the following:
(1) Siblings of children already in attendance in that district.
(2) English learners.
(3) Pupils who are
individuals with exceptional needs, as defined in Section 56026.
attendance as follows:
(A) First priority shall be given to siblings of pupils already in
attendance in that district.
(B) Second priority shall be given to all of the following:
(i) English learners.
(ii) Pupils who are individuals with exceptional needs, as defined
in Section 56026.
(iii) Pupils who are eligible for free and reduced price meals.
(2) If the number of priority pupils who request a particular
school exceeds the number of spaces available at that school, the
school district shall conduct a lottery in the group priority order
identified in subparagraphs (A) and (B) to select pupils at random
until all of the spaces are filled.
(3) A school district of choice shall comply with the priority
requirements of this subdivision before admitting other pupils who
seek to transfer into the district pursuant to this article.
(b) A school district of choice may give priority for attendance
to children of military personnel.
SEC. 2. Section 48307 of the Education Code is amended to read:
48307. (a) A school district of residence with an average daily
attendance greater than 50,000 may limit the number of pupils
transferring out each year to 1 percent of its current year estimated
average daily attendance.
(b) A school district of residence with an average daily
attendance of less than 50,000 may limit the number of pupils
transferring out to 3 percent of its current year estimated average
daily attendance and may limit the maximum number of pupils
transferring out for the duration of the program authorized by this
article to 10 percent of the average daily attendance for that
period.
(c) A school district of residence that has a negative status on
the most recent budget certification completed by the county
superintendent of schools in any fiscal year may limit the number of
pupils who transfer out of the district in that fiscal year.
(d) (1) Notwithstanding any prior or existing certification of a
school district of residence pursuant to Article 3 (commencing with
Section 42130) of Chapter 6 of Part 24 of Division 3, only if the
county superintendent of schools determines that the district would
not meet the standards and criteria for fiscal stability specified in
Section 42131 for the subsequent fiscal year exclusively due to the
impact of additional pupil transfers pursuant to this article in that
year, the district may limit the number of additional pupils who
transfer in the upcoming school year pursuant to this article up to
the number that the county superintendent identifies beyond which
number of additional transfers would result in a qualified or
negative certification in that year exclusively as a result of
additional transfers pursuant to this article.
(2) The Legislature finds and declares that the fiscal
responsibilities of the county superintendent of schools set forth in
this subdivision are related to the current oversight
responsibilities of the county superintendent pursuant to Chapter 6
(commencing with Section 42100) of Part 24 of Division 3.
(e) If a school district of residence limits the number of pupils
who transfer out of the district pursuant to subdivision (c) or (d),
pupils who have already been enrolled or notified of eligibility for
enrollment, including through the random, public selection process
prior to the action by the district to limit transfers shall be
permitted to attend the school district of choice.
(f) Notwithstanding any other provision of this article, a pupil
attending a school district of choice or a pupil who received a
notice of eligibility to enroll in a school district of choice,
including a pupil selected by means of a random selection process
conducted on or before June 30, 2009, pursuant to this article, as it
read on June 30, 2009, shall be permitted to attend the school
district of choice.
SEC. 3. Section 48311.5 is added to the Education Code, to read:
48311.5. A school district of choice shall ensure that a pupil
who transfers into the district pursuant to this article is enrolled
in a school with a higher Academic Performance Index score than the
school in which the pupil was previously enrolled.
