Bill Text: CA SB745 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupils: school attendance: school districts of choice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-02-29 - Consideration of Governor's veto stricken from file. Veto sustained. [SB745 Detail]

Download: California-2011-SB745-Amended.html

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BILL NUMBER: SB 745	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 30, 2011
	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Hernandez

                        FEBRUARY 18, 2011

   An act to amend Section 48306 of  , and to add Section 48313.5
to,  the Education Code, relating to pupils.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 745, as amended, Hernandez. Pupils: school attendance: school
districts of choice.
   Existing law defines a school district of choice as one in which
the governing board  of the school district  has, by
resolution, elected to accept interdistrict transfers and has
determined the number of transfers it is willing to accept through a
random, unbiased process, as specified. Existing law requires a
school district of choice to give priority for attendance to siblings
of children already in attendance in that district. Existing law
provides that a school district of choice may give priority for
attendance to children of military personnel.
   Existing law authorizes a school district of choice to reject the
transfer of a pupil if the transfer of that pupil would require the
district to create a new program to serve that pupil, except that a
school district of choice is prohibited from rejecting the transfer
of a special needs pupil, including an individual with exceptional
needs  ,  and an English learner.
   This bill would require a school district of choice to give
priority for attendance to English learners, pupils who are
individuals with exceptional needs, and pupils who are eligible for
free and reduced-price meals, as provided. 
   This bill would require that a school district of choice ensure
that a pupil who transfers into the district is enrolled in a school
with a higher Academic Performance Index score than the school in
which the pupil was previously enrolled. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 48306 of the Education Code is amended to read:

   48306.  (a) (1) A school district of choice shall give priority
for attendance to transfer pupils as follows:
   (A) First priority shall be given to siblings of pupils already in
attendance in that district.
   (B) Second priority shall be given to all of the following:
   (i) English learners.
   (ii) Pupils who are individuals with exceptional needs, as defined
in Section 56026.
   (iii) Pupils who are eligible for free and reduced-price meals.
   (2) If the number of priority pupils who request a particular
school exceeds the number of spaces available at that school, the
school district shall conduct a lottery in the group priority order
identified in subparagraphs (A) and (B) of paragraph (1) to select
pupils at random until all of the spaces are filled.
   (3) A school district of choice shall comply with the priority
requirements of this subdivision before admitting other pupils who
seek to transfer into the district pursuant to this article.
   (b) A school district of choice may give priority for attendance
to children of military personnel.
   SEC. 2.    Section 48313.5 is added to the  
Education Code   , to read:  
   48313.5.  A school district of choice shall ensure that a pupil
who transfers into the district pursuant to this article is enrolled
in a school with a higher Academic Performance Index score than the
school in which the pupil was previously enrolled.