AB 798

Under the current full-time Open Enrollment Program, a pupil may apply to

attend a public school in a school district other than the pupil's resident school

district if certain conditions are met. If a nonresident school district receives more

applications than there are spaces available, the school district must determine

which pupils to accept on a random basis after giving preference to pupils and to

siblings of pupils who are already attending the nonresident school district.

This bill also requires a nonresident school district that is a union high school

district (a district operating only grades 9 to 12) to give preference to pupils who are

attending an underlying elementary school district (a district operating only grades

kindergarten to 8) of the nonresident school district under the Open Enrollment

Program.

Current law establishes criteria that a school district must use to determine

whether to accept or reject a nonresident pupil. For example, a school board may

consider the availability of space in the school or program to which the nonresident

pupil has applied. The school board may include in its count of occupied spaces pupils

attending the school district for whom tuition is paid, and pupils and their siblings

who have applied to attend the school district and are already attending public school

in the nonresident school district.

This bill allows a school board of a union high school district to include in its

count of occupied spaces pupils who are currently attending an underlying

elementary school district of the nonresident school district under the Open

Enrollment Program.