BILL NUMBER: AB 306	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Hadley

                        FEBRUARY 12, 2015

   An act to  amend Section 35700 of   add
Article 7.5 (commencing with Section 48318) to Chapter 2 of Part 27
of Division 4 of Title 2 of  the Education Code, relating to
school districts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 306, as amended, Hadley.  School districts:
reorganization.   Public schools: attendance
alternatives: children of military personnel.  
   Existing law requires each person between 6 and 18 years of age,
not otherwise exempt, to attend the public full-time day school in
the district in which their parent or guardian is a resident.
Existing law provides for attendance alternatives, authorizes the
governing board of any school district to accept interdistrict
transfers, and prescribes procedures for the acceptance and approval
of applications for interdistrict transfers. Existing law further
authorizes a school district of choice, as defined, to give priority
of attendance to children of military personnel.  
   This bill would authorize a parent of a pupil enrolled in a school
district of residence, as defined, to submit an application for the
pupil to attend a school in any school district of choice, as
defined, if the parent with whom the pupil resides is enlisted in the
military and is on active military duty, as defined. The bill would
require that an application requesting such a transfer to a school
district of choice be submitted to the school district of choice
before January 1 of the year preceding the school year for which a
pupil is requesting the transfer, except as provided, and would
specify that the application may request enrollment of the pupil in a
specific school or program within the school district of choice. The
bill would require a school district of choice to establish a time
period for resident pupil enrollment, in order to provide priority
enrollment opportunities for pupils residing in the school district,
and, after that time period has concluded, if space is available at a
school in the school district of choice, to accept and approve
transfer applications submitted pursuant to those provisions, in
accordance with specified priorities. The bill would require a school
district of choice that receives such an application for a transfer
to allow the pupil to enroll in the school district of choice in the
school year immediately following the approval of his or her
application. The bill would authorize a school district of choice to
adopt specific, written standards for the acceptance of applicants
pursuant to those provisions. By imposing new duties on school
districts with regard to the review and acceptance of requests for
alternative school attendance by children of military personnel, the
bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law requires that an action to reorganize one or more
school districts be initiated upon the filing with the county
superintendent of schools of a petition to reorganize one or more
school districts if the petition is signed by any of 4 specified
groups.  
   This bill would make nonsubstantive changes to that provision.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 7.5 (commencing with Section
48318) is added to Chapter 2 of Part 27 of Division 4 of Title 2 of
the   Education Code   , to read:  

      Article 7.5.  Attendance Alternatives for Children of Military
Personnel


   48318.  For purposes of this article, the following definitions
apply:
   (a) "Active military duty" means full-time military duty status in
the active uniformed service of the United States, including members
of the National Guard and the State Reserve on active duty orders
pursuant to Sections 1209 and 1211 of Title 10 of the United States
Code.
   (b) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
   (c) "School district of choice" means a school district for which
an application for enrollment has been submitted by the parent of a
pupil requesting enrollment pursuant to Section 48318.1. A school
district of choice may include a school district in which the parent
of a pupil resides or a school district other than the school
district in which the parent of a pupil resides.
   (d) "School district of residence" means the school district that
a pupil would be directed to attend, pursuant to this chapter.
   48318.1.  (a) A parent of a pupil enrolled in a school district of
residence may submit an application for the pupil to attend a school
in any school district of choice, if the parent with whom the pupil
resides is enlisted in the military and is on active military duty.
    (b) An application requesting a transfer pursuant to this article
shall be submitted by the parent of a pupil to the school district
of choice before January 1 of the school year preceding the school
year for which the pupil is requesting the transfer. However, this
deadline does not apply to an application requesting a transfer if
the parent with whom the pupil resides was relocated by the military
within 90 days before submitting the application. The school district
of choice may waive the deadline specified in this subdivision.
   (c) The application may request enrollment of the pupil in a
specific school or program within the school district of choice.
   (d) A pupil may enroll in the school district of choice in the
school year immediately following the approval of his or her
application.
   (e) In order to provide priority enrollment opportunities for
pupils residing in the school district of choice, a school district
of choice shall establish a period of time for resident pupil
enrollment before accepting transfer applications pursuant to this
article. After the period of time for resident pupil enrollment has
concluded, if space is available at a school in the desired school
district of choice, the school district of choice shall accept and
approve a transfer application submitted pursuant to this article, in
accordance with the following priorities:
   (1) First priority for transfer shall be given to the siblings of
pupils who already attend the desired school.
   (2) After approving the applications for enrollment for siblings
of pupils pursuant to the priority specified in paragraph (1), if the
number of pupils who request a particular school exceeds the number
of spaces at that school, a lottery shall be conducted to select
pupils at random until all of the available spaces are filled.
   48318.2.  A school district of choice may adopt specific, written
standards for acceptance of applicants pursuant to this article. The
standards may include consideration of the capacity of a program,
class, grade level, school facilities, and adverse financial impacts.
However, these standards may not include consideration of a pupil's
previous academic achievement, physical condition, proficiency in the
English language, family income, or any of the individual
characteristics set forth in Section 200. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 35700 of the Education Code
is amended to read:
   35700.  An action to reorganize one or more school districts is
initiated upon the filing, with the county superintendent of schools,
of a petition to reorganize one or more school districts signed by
any of the following:
   (a) At least 25 percent of the registered voters residing in the
territory proposed to be reorganized if the territory is inhabited.
Where the petition is to reorganize territory in two or more school
districts, the petition shall be signed by at least 25 percent of the
registered voters in that territory in each of those school
districts.
   (b) A number of registered voters residing in the territory
proposed to be reorganized, equal to at least 8 percent of the votes
cast for all candidates for Governor at the last gubernatorial
election in the territory proposed to be reorganized, where the
affected territory consists of a single school district with over
200,000 pupils in average daily attendance and the petition is to
reorganize the school district into two or more school districts.
   (c) The owner of the property, provided that territory is
uninhabited and the owner of the property has filed either a
tentative subdivision map with the appropriate county or city agency
or an application for any project, as defined in Section 21065 of the
Public Resources Code, with one or more local agencies.
   (d) A majority of the members of the governing boards of each of
the school districts that would be affected by the proposed
reorganization.