BILL NUMBER: SB 129	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Huff

                        FEBRUARY 5, 2009

   An act to repeal Sections 48314.5 and 48315 of the Education Code,
relating to pupil attendance, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 129, as introduced, Huff. Pupil attendance: interdistrict
transfers.
   (1) 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. 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
disposition 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. Existing law prohibits a school district
that had not elected to accept interdistrict transfers prior to a
specified date from electing to accept interdistrict transfers.
   This bill would delete that prohibition.
   (2) Existing law makes the provisions governing interdistrict
transfers inoperative on July 1, 2009, and repeals these provisions
on January 1, 2010.
   This bill would delete the inoperative and repeal dates of these
provisions thereby extending the operation of these provisions
indefinitely except as described in (1), above.
   (3) 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  Section 48314.5 of the Education Code is repealed.

   48314.5.  Notwithstanding any other provision of this article,
commencing on the effective date of the act adding this section, the
governing board of a school district that has not previously elected
to participate in interdistrict transfers pursuant to this article
shall not elect to become a school district of choice. 
  SEC. 2.  Section 48315 of the Education Code is repealed. 
   48315.  This article shall become inoperative on July 1, 2009,
and, as of January 1, 2010, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 2010,
deletes or extends the dates on which it becomes inoperative and is
repealed. 
  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.