BILL NUMBER: AB 306 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 26, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Hadley
( Coauthor: Assembly Member
Burke Coauthors: Assembly Members
Baker and Burke )
(Coauthor: Senator Allen)
FEBRUARY 12, 2015
An act to 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. 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, another school district if the
parent with whom the pupil resides 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 chosen 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,
district, to accept consider 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 Military family
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
military family 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. chapter, in the absence of this article.
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, district,
if the parent with whom the pupil resides 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 military
family 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 military family
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 military family
school district of choice.
(d) A pupil may enroll in the military family 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 a military family
school district of choice, a school district of choice
shall establish a period of time for resident pupil
enrollment before accepting considering
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 military family
school district of choice, the that
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 military family 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.