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filed 2010-09-24 secretary_of_state
Assembly Bill No. 2444
CHAPTER 263

An act to amend Section 46600 of the Education Code, relating to school districts.

[ Approved By Governor September 23, 2010. Filed with
Secretary of State September 24, 2010. ]
Legislative Counsel's Digest
AB  2444, Furutani. School districts: interdistrict attendance.

Existing law requires each person between the ages of 6 and 18 years, inclusive, 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. Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the districts. Existing law requires the supervisor of attendance of the district of residence to issue an individual permit verifying the district’s approval, pursuant to policies of the board and terms of the agreement, for the transfer and for the applicable period of time. Existing law establishes an appeal process for pupils whose permits are denied, or, in the absence of an agreement between the districts, if the districts fail or refuse to enter into an agreement.

This bill would preclude a pupil who is enrolled in a school pursuant to these provisions from having to reapply for an interdistrict transfer, and would require the governing board of the school district of enrollment to allow the pupil to continue to attend the school in which he or she is enrolled, except if the district of residence and district of enrollment agree otherwise. The bill would provide an exception for this agreement authority for pupils entering grade 11 or 12 in the subsequent school year.

The people of the State of California do enact as follows:

SECTION 1.  Section 46600 of the Education Code is amended to read:

46600.  (a) (1)  The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the districts. The agreement may provide for the admission to a district other than the district of residence of a pupil who requests a permit to attend a school district that is a party to the agreement and that maintains schools and classes in kindergarten or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in kindergarten or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).

(2)  The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the district of residence and the district of attendance that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the district of residence and the district of enrollment under which the permit may be revoked.

(3)  The supervisor of attendance of the district of residence shall issue an individual permit verifying the district’s approval, pursuant to policies of the board and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the district of proposed attendance. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the district of attendance.

(4)  Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils entering grade 11 or 12 in the subsequent school year.

(b)  In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any district may admit a pupil expelled from another district in which the pupil continues to reside.

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