SUMMARY:

Requires local school districts to allow students to attend any school in their system without regard to established school zones, pending availability of space. Provides for nepotism restrictions for eligibility for members of local boards of education and for superintendents.

REQUIREMENTS:

• Beginning in the school year 2009-2010, the parent or guardian of public school students may elect to enroll the student in another public school within the school district other than the one to which the student had been assigned.
  • Such reassignment shall occur only if classroom space is available after the school's assigned students have been enrolled.
  • The parent or guardian is responsible for the child's transportation.
  • The proposed legislation does not affect student transfers under the No Child Left Behind Act.
• A student who transfers to another school may,if desired, continue to attend such school until the student completes all grades of the school.
• The State Board of Education shall establish a model universal, streamlined process to implement the transfer provisions stated above and each local board of education school adopt a universal, streamlined transfer process that includes, as a minimum, the state model.
• Each school system shall annually notify parents of each student the available transfer options.
• Transfer provisions do no apply to charter schools, nor to newly opened schools for a period of four years after the school opens.
• No person who has an immediate family member (spouse, child, sibling, or parent or the spouse of a child, sibling,or parent) sitting on a local board of education, or serving as the local superintendent or as a principal, assistant principal, or system administrative staff in the local school system shall be eligible to serve as a member of such local board of education. 
  • Applies only to board members elected or appointed on or after July 1, 2009.
• No person shall be eligible to serve as superintendent of schools who has an immediate family member (see definition above) sitting on the local board of education or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009 by that school system.

POINTS TO CONSIDER:

• Makes planning for attendance and construction difficult should a significant number of students request transfer to a school outside their attendance zone.
• The Constitution in Article VIII, Section 5, Paragraph 2 assigns to elected local boards of education the responsibility of control and management of local school systems; it would appear that drawing attendance zones and assigning students should be considered basic to that authority, something this bill takes away.
• The No Child Left Behind Act already provides for school choice within a school district under certain conditions.
• The original version of the bill included the term 'permanent classroom space.'  The current version has removed 'permanent,' perhaps allowing portable classrooms to be counted as available space.
• Will create additional paperwork requirements for local school districts.
• The wording in the nepotism sections is confusing.  It is unclear if the language applies to current board members if they run for reelection or to current superintendents when their contracts are renewed.  The term 'system administrative staff' is undefined.
• Current law prohibits board members from voting  on promotions or salary increases for family members.
• The nepotism sections severely limit professional opportunities available locally and shrink the local talent pool for leadership positions at the board, central office, and school levels.
• There are no other public offices from which a citizen can be disqualified due to whom they are related.

EFFECTIVE DATE:

The bill shall become law upon approval of the Governor or by becoming law without such approval.