AB 3086: Interdistrict attendance: prohibition on transfers by a school district of residence.

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 school districts. Existing law, regardless of whether there is an agreement or permit, prohibits a school district of residence from prohibiting the transfer of a pupil who is a child of an active military duty parent to the school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.

This bill would also prohibit a school district of residence from prohibiting the transfer of a pupil who is a homeless child or youth or has been a homeless child or youth within the previous 5 school years, a currently migratory child or former migratory child, a foster youth, or a victim of an act of bullying to the school district of proposed enrollment if the school district of proposed enrollment approves the transfer application. The bill would require a school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to these provisions to accept all pupils who apply to transfer under these provisions until the school district is at maximum capacity and to ensure that pupils admitted under these provisions are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based on his or her academic or athletic performance, physical condition, proficiency in English, family income, or any of specified individual characteristics, including, among others, race or ethnicity, gender, gender identity, gender expression, and immigration status. The bill would require, upon request of the parent or guardian, a school district of enrollment to provide transportation assistance for a pupil in one of these categories, and a pupil who is a child of an active military duty parent, if the pupil is also eligible for free or reduced-price meals. The bill would otherwise authorize a school district of enrollment to provide transportation assistance for a pupil in one of those categories.

This bill would incorporate additional changes to Section 46600 of the Education Code proposed by AB 2826 to be operative only if this bill and AB 2826 are enacted and this bill is enacted last.