California Assembly Bill AB1407 Amended / Bill

 BILL NUMBER: AB 1407AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 27, 2009 INTRODUCED BY Assembly Member Huffman FEBRUARY 27, 2009 An act to amend  Section   Sections 48313 and  48315 of the Education Code, relating to pupil attendance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1407, as amended, Huffman. Pupil attendance: interdistrict transfers. Existing law requires each person between the ages of 6 and 18 years of age, 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. The governing board of a school district is authorized to accept interdistrict transfers by admitting pupils residing in other school districts to attend its schools, subject to specified conditions. A school district that elects to accept interdistrict transfers is required to keep an accounting of all requests made for alternative attendance and records of all dispositions of those requests and to report this information to the Superintendent of Public Instruction who is required to make this information available to the Governor, the Legislature, and the public on an annual basis.  The bill would require the State Department of Education to prepare and submit to the Legislature a census report evaluating interdistrict transfer options within the state that includes specified information.   Existing   Existing  law makes  those   the  provisions authorizing a school district to accept interdistrict transfers inoperative on July 1, 2009, and repeals those provisions on January 1, 2010. This bill would extend the inoperative and repeal dates of those provisions to July 1, 2014, and January 1, 2015, respectively. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 48313 of the   Education Code   is amended to read:  48313. (a) Pursuant to this article, each school district electing to accept transfer pupils shall keep an accounting of all requests made for alternative attendance and records of all disposition of those requests that may include, but are not limited to, all of the following: (1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials. (2) The number of pupils transferred out of the district pursuant to this article. (3) The number of pupils transferred into the district pursuant to this article. (b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board. The school district annually shall report the information maintained pursuant to subdivision (a) in addition to information regarding the district's status as a school district of choice to the Superintendent on or before a date designated by the Superintendent. Commencing in 2008, the Superintendent annually shall make the information available to the Governor, the Legislature, and the public on or before April 1. (c) On or before November 1,  2008   2010  , the department shall prepare and submit to the Legislature a  census  report evaluating interdistrict transfer options within the state with an emphasis on the interdistrict transfer program established pursuant to this article. The report shall include, but is not limited to, the information described in paragraphs (1) to (3), inclusive, of subdivision (a) and all of the following: (1) The number and characteristics of pupils who use one of the various interdistrict transfer options and other school choice options within the state, with a specific focus on pupils who use the interdistrict transfer program established pursuant to this article. The characteristics reported on pursuant to this paragraph shall include, but not be limited to, race, ethnicity, socioeconomic status, English proficiency, and whether or not the pupil participates in a special education program, the International Baccalaureate Program, or another specialized instructional program. (2) The Academic Performance Index scores of schools in school districts of residence and school districts of choice for the previous five years, including subgroup scores. (3) The graduation rates of school districts of residence and school districts of choice for the previous five years. (4) The enrollment of school districts of residence and school districts of choice for the previous five years. (5) The fiscal health of school districts of residence and school districts of choice, including, but not limited to, both of the following: (A) Whether or not the school district is experiencing a decline in enrollment. (B) Whether or not the school district received a negative or qualified rating of its certification pursuant to Section 42131. (6) Whether any school district has exceeded the transfer limits in Section 48307 and the resulting implications for the impacted district. (7) Other information the department deems appropriate, including information related to educational outcomes of school districts of residence and school districts of choice. (8) Recommendations regarding the extension of the interdistrict transfer program pursuant to this article. (d) To the extent practicable, the department shall survey school districts of residence and school districts of choice to gather the information described in paragraphs (1) to (7), inclusive, of subdivision (c).  SECTION 1.   SEC. 2.  Section 48315 of the Education Code is amended to read: 48315. This article shall become inoperative on July 1, 2014, and, as of January 1, 2015, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.  SEC. 2.   SEC. 3.  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that pupils continue to have the opportunity to apply for interdistrict transfers, it is necessary that this act take effect immediately.