Section 48301 Of Article 7. Pupil Attendance Alternatives From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 2. >> Article 7.
48301
. (a) The governing board of any school district may accept
interdistrict transfers. A school district that receives an
application for attendance under this article is not required to
admit pupils to its schools. If, however, the governing board of a
school district elects to accept transfers as authorized under this
article, it may, by resolution, elect to accept transfer pupils,
determine and adopt the number of transfers it is willing to accept
under this article, and ensure that pupils admitted under the policy
are selected through a random, unbiased process that prohibits an
evaluation of whether or not the pupil should be enrolled based upon
his or her academic or athletic performance. Any pupil accepted for
transfer shall be deemed to have fulfilled the requirements of
Section 48204. If the number of transfer applications exceeds the
number of transfers the governing board of a school district elects
to accept under this article, approval for transfer pursuant to this
article shall be determined by a random drawing held in public at a
regularly scheduled meeting of the governing board of the school
district.
(b) Either the pupil's school district of residence, upon
notification of the pupil's acceptance to the school district of
choice pursuant to subdivision (c) of Section 48308, or the school
district of choice may prohibit the transfer of a pupil under this
article or limit the number of pupils so transferred if the governing
board of the school district determines that the transfer would
negatively impact any of the following:
(1) The court-ordered desegregation plan of the school district.
(2) The voluntary desegregation plan of the school district.
(3) The racial and ethnic balance of the school district.
(c) The school district of residence may not adopt policies that
in any way block or discourage pupils from applying for transfer to
another school district.
(d) Communications to parents or guardians by school districts
electing to enroll pupils under the choice options provided by this
article shall be factually accurate and not target individual parents
or guardians or residential neighborhoods on the basis of a child's
actual or perceived academic or athletic performance or any other
personal characteristic.
(e) A school district of choice, at its expense, shall ensure that
the auditor who conducts the annual audit pursuant to Section 41020,
at the same time that he or she is conducting that annual audit,
reviews compliance with the provisions in this section regarding a
random, unbiased selection process and appropriate communications.
The compliance review specified in this subdivision is not subject to
the requirements in subdivision (d) of Section 41020. The school
district of choice shall notify the auditor regarding this compliance
review specified in this subdivision before the commencement of the
annual audit. The governing board of the school district of choice
shall include a summary of audit exceptions, if any, resulting from
the compliance review conducted pursuant to this subdivision in the
report it provides pursuant to subdivision (b) of Section 48313.
(f) A school district of residence shall not prohibit the transfer
of a pupil who is a child of an active military duty parent to a
school in any school district, if the school district to which the
parent of the pupil applies approves the application for transfer.