Cal. Ed. Code § 48308

Current through the 2024 Legislative Session.
Section 48308 - [Effective 1/1/2025] [Operative until 7/1/2028] Submission of application to district of choice; notice of acceptance or rejection; final acceptance or rejection
(a)
(1) An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of choice before January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice.
(2) The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent of the pupil with whom the pupil resides is enlisted in the military and was relocated by the military less than 90 days before submitting the application.
(b) The application may be submitted on a form provided for this purpose by the department, and may request enrollment of the pupil in a specific school or program of the school district of choice.
(c)
(1) By no later than January 15, the school district of choice shall notify the school district of residence of the number and names of pupils from the school district of residence who are requesting to be transferred for the following school year, by school and grade level.
(2)
(A) By no later than February 15, the school district of residence shall notify the school district of choice of the total number and names of pupils requesting to be transferred to school districts of choice in excess of the limits specified in subdivision (a) or (b), as applicable, of Section 48307, if applicable.
(B) The notification shall include the maximum pupil yields pursuant to subdivision (a) or (b), as applicable, of Section 48307, the name of each school district of choice that pupils are requesting to be transferred, and the number of pupil transfer requests for each school district of choice.
(3) By no later than March 1 of the school year preceding the school year for which the pupil is requesting to be transferred, the governing board of the school district of choice shall notify the parent in writing whether the application has been provisionally accepted or rejected, or of the placement of the pupil on a waiting list. The governing board of the school district of choice may fill vacancies from the waiting list until May 1 preceding the school year for which the pupil is requesting to be transferred. No pupils shall be accepted at a school district of choice after May 1 preceding the school year for which the pupil is requesting to be transferred.
(4) On or before May 1, the school district of choice shall provide the school district of residence with the final number of pupils to be enrolled in the school district of choice, disaggregated by school, grade level, and pupil name.
(5) If the application is rejected, the governing board of the school district of choice shall include in the written notification to the parent that the number of pupils applying to transfer exceeded the capacity of the school district of choice or the specific school or program to which the pupil applied and that the pupil was not selected during the random drawing. The determination shall be accurately recorded in the minutes of the governing board meeting in which the determination was made.
(6)
(A) Notwithstanding paragraph (3), the governing board of a school district of choice shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district of choice immediately upon the pupil's acceptance.
(B) If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days before the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district of choice shall accept or deny the application before the commencement of the school year. A pupil may enroll in a school in the school district of choice immediately upon the pupil's acceptance.
(d) Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice, through the adoption of a resolution, elects to no longer accept any transfer pupils pursuant to this article. However, if a school district of choice elects to no longer accept pupils under this article, high school pupils admitted under this article may continue to attend the same school in the school district of choice until they graduate from high school.

Ca. Educ. Code § 48308

Amended by Stats 2024 ch 865 (SB 897),s 6, eff. 1/1/2025.
Amended by Stats 2017 ch 15 (AB 99),s 36, eff. 6/27/2017.
Amended by Stats 2005 ch 142 (AB 208),s 2, eff. 1/1/2006
Added by Stats 2004 ch 21 (AB 97), s 1, eff. 3/5/2004.
Repealed by Stats 2004 ch 21 (AB 97), s 1, eff. 1/1/2008, op. 7/1/2007.
This section is set out more than once due to postponed, multiple, or conflicting amendments.