Question: What is the latest information/guidelines/Education Code on transfers, particulary in regards to child care reasons.

Response: In 2003, legislation relating to alternative attendance options was due to sunset, which included legislation requiring district to consider as district residents those pupils whose parents work within the district, legislation concerning the consideration of child care needs in granting inter-district transfers, and legislation authorizing " school districts of choice", which are districts that elect to receive students from other districts through an unbiased process.

Senate Bill 140, enacted at the end of the 2003 session, restored the parent residence statute and the statutory provisions concerning consideration of child care needs. However the bill contained a provision that it would become operative only if Assembly Bill 97, the bill restoring the school district of choice legislation, was enacted and took effect. Due to this last minute provision, AB 97 did not become law during the 2003 session. But now, in the current 2004 session, the legislation has passed and the Governor has signed AB 97. The result is that all of the alternative attendance statutes are restored with some modifications and are already effective since the bill was enacted as urgency legislation.

The modification to the attendance statutes are:

Transfer for Child Care needs: Under the new legislation, which is in effect through 2007 unless extended, districts admitting pupils in grades 1-6 on the basis of child care needs may not require those pupils to re-apply so long as the pupil continues to receive child care in the district. The district is only encouraged, not required, to permit the pupil to remain continuously enrolled. The high school district into which the transferee elementary feeds is likewise encouraged but not required to permit the pupil to remain enrolled through the 12th grade (Education Code section 46601.5 which can be found at: http://leginfo.ca.gov/calaw.html.WAISdocID=60661021764+1+0+0&;WAISaction=retrieve

Transfer for Parent Employment: The new law permits, but does not require, a district to consider any pupil (not just an elementary pupil) to be a resident of the district based on parent employment in the district. The exceptions stated in the former statute have been carried over (impact on desegregation plan, additional cost of education exceeds state aid receive, etc.). A district denying a transfer is "encouraged to", but is no longer required to specify and communicate the reasons for the denial (Education Code section 48204(b), which can be found at http://leginfo.ca.gov/calaw.WAISdocID=60766829663+0+0+0&;WAISaction=retrieve). Once a pupil is deemed a resident under this statute and enrolled in a district whose boundaries include the location where a parent is employed, the student is not required to reapply in the next school year to attend there and the district must permit the student to continue to attend there through the 12th grade, so long as the parent continues to be employed within the district's boundaries. This new version becomes inoperable July 1, 2007, and at that time the statute will delete residency based on parent employment altogether.

School District's of Choice: The new legislation encourages school districts to hold information hearings on the educational program offered by the district so that parents can provide input on improvement methods and make informed decisions concerning their children's education. There is no longer a mandatory requirement that school districts of choice are required to ensure that board minute meeting minutes reflect the specific reasons for application denial determinations.