Opinion No. (2002)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE LOU CORREA, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: 1. Is a "fundamental" school that has a district-wide attendance area and a "back-to-basics" curriculum, which its students and their parents must agree to support, exempt from "a random, unbiased process" in selecting pupils for enrollment when requests for admission of those meeting the entrance criteria exceed the capacity of the school? 2. Does a "first come, first served" selection policy constitute a "random, unbiased process" in selecting pupils for enrollment when requests for admission exceed the capacity of the school? CONCLUSIONS 1. A "fundamental" school that has a district-wide attendance area and a "back-to-basics" curriculum, which its students and their parents must agree to support, is not exempt from "a random, unbiased process" in selecting pupils for enrollment when requests for admission of those meeting the entrance criteria exceed the capacity of the school. 2. A "first come, first served" selection policy does not constitute a "random, unbiased process" in selecting pupils for…