SB 1082

SB1082:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1082

An act to amend Sections 46600 and 46600.2 of the Education Code, relating to pupil attendance.

LEGISLATIVE COUNSEL'S DIGEST

SB 1082, as amended, Niello. Pupil attendance: interdistrict transfers: agreements: policies.

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. If a school district enters into an agreement, existing law requires, among other things, (1) that the agreement stipulate the terms and conditions under which interdistrict attendance will be permitted or denied, (2) that the school district post on its internet website the procedures and timelines regarding a request for an interdistrict transfer permit, as provided, (3) the notification of a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and (3) (4) if the school district denies a request for an interdistrict transfer, that the school district advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.

This bill would require the governing board of a school that has entered into an agreement, on or after January 1, 2027, for the interdistrict attendance of pupils to adopt, and post on its internet website, a policy that includes specified provisions, including that if the school district determines that a request received from a parent is incomplete, the school district is required to notify the parent, within 30 calendar days of receipt of the request, identifying any missing information or documentation, as provided. The bill would allow for certain extensions of the above-described 30-day requirement to notify a parent of its final decision when an application is determined to be incomplete or if an individualized education program meeting has been scheduled or is pending, as provided. The bill would require all interdistrict agreements entered into on or after January 1, 2027, to also contain those specified provisions, as provided. The bill would authorize the parent or guardian of a pupil to submit an interdistrict transfer request concurrently to the school district of residence and the school district of proposed agreement if there is an interdistrict agreement between the 2 school districts, and would require the school district of proposed enrollment to begin reviewing the request upon receipt, as provided.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

(a) The Legislature finds and declares all of the following:

(1) This legislation ensures that delays or inaction by school districts do not result in implicit denials, thereby reducing unnecessary appeals and administrative burdens on school districts and county offices of education.

(2) This legislation affirms the principle that timely access to educational opportunities and school choice is a fundamental right for all California pupils.

(3) There is a well-established structure for districts to allow for interdistrict transfers, and this legislation seeks to clarify and expedite the process.

(b) It is the intent of the Legislature that families, particularly those from low-income or working backgrounds, are provided with a timely, transparent, and equitable interdistrict transfer process.

SEC. 2.

Section 46600 of the Education Code is amended to read:

46600.

(a) (1) The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, that the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school that the pupil is enrolled, except as specified in paragraphs (2) and (4).

(2) (A) The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.

(B) All agreements entered into on or after January 1, 2027, shall contain the required provisions listed in subdivision (a) of Section 46600.2.

(3) The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school district’s approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.

(4) Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.

(b) The parent or guardian of a pupil may submit an interdistrict transfer request concurrently to the school district of residence and the school district of proposed enrollment if there is an agreement between the two school districts pursuant to subdivision (a). The school district of proposed enrollment shall begin review of the request upon receipt, irrespective of the status of the school district of residence’s response.

(c) A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.

(d) In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.

(e) (1) Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.

(2) A school district of residence shall approve an intradistrict transfer request for a victim of an act of bullying unless the requested school is at maximum capacity, in which case the school district shall accept an intradistrict transfer request for a different school in the school district. Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, if the school district of residence has only one school offering the grade level of the victim of an act of bullying and therefore there is no option for an intradistrict transfer, the victim of an act of bullying may apply for an interdistrict transfer and the school district of residence shall not prohibit the transfer if the school district of proposed enrollment approves the application for transfer.

(3) A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision until the school district is at maximum capacity. A school district of proposed enrollment shall ensure that pupils admitted under this subdivision 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 academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status.

(4) (A) For purposes of this subdivision, “active military duty parent” means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Guard on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.

(B) For purposes of this subdivision, a “victim of an act of bullying” means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency.

(5) (A) Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals.

(B) A school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision.

(C) It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to subdivision (e) of Section 42238.02.

SEC. 3.

Section 46600.2 of the Education Code is amended to read:

46600.2.

(a) The governing board of a school district that has entered into an agreement pursuant to subdivision (a) of Section 46600 shall adopt, and post on its internet website, a policy providing the relevant procedures and timelines regarding a request for an interdistrict transfer permit. The policy shall include, but is not limited to, all of the following provisions:

(1) The date that the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and any other applicable timelines for submitting a request.

(2) The criteria the school district will use to approve or deny a request, and any information or documents that must be submitted as supporting evidence.

(3) The process and timelines that a denial of a request may be appealed within the school district before the school district renders a final decision and any other relevant information regarding the appeals process.

(4) That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.

(5) Applicable timelines for processing a request, including provisions that the school district shall do both of the following:

(A) (i) Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.

(ii) Notwithstanding clause (i), if the school district of residence or school district of proposed enrollment determines that a request received from a parent is incomplete, the school district shall notify the parent, within 30 calendar days of receipt of the request, identifying any missing information or documentation required by the policies of the school district to process the request. request, and the school district may extend the review period by up to an additional 30 calendar days, if written notice of the extension is provided to the parent within 30 calendar days of the receipt of the request.

(iii) Notwithstanding clause (i), if an individualized education program meeting has been scheduled or is pending, the school district of residence or school district of proposed enrollment determines that additional time is necessary to gather required information, including, but not limited to, an individualized education program or other relevant record, the school district may extend the review period by up to an additional 30 calendar days, if written notice of the extension is provided to the parent within 30 calendar days of the receipt of the request.

(B) Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.

(6) The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.

(b) A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.

(c) Any written notice to parents regarding a school district’s decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods:

(1) Regular mail.

(2) Electronic format.

(3) By any other method normally used to communicate with parents in writing.

(d) If the amendments made to subdivision (a) by Senate Bill 1082 of the 2025–26 Regular Session are in conflict with the provisions of an agreement entered into pursuant to subdivision (a) of Section 46600 before January 1, 2027, the requirements of subdivision (a), as it read on December 30, 2026, shall instead continue to apply until the expiration or renewal of that interdistrict agreement.