California Assembly Bill AB306 Amended / Bill

 BILL NUMBER: AB 306AMENDED 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.