Bill Text: CA AB1670 | 2013-2014 | Regular Session | Amended
Bill Title: School enrollment: Open Enrollment Act: waiver: parent notice.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-06-05 - From committee without further action pursuant to Joint Rule 62(a). [AB1670 Detail]
Download: California-2013-AB1670-Amended.html
BILL NUMBER: AB 1670 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 12, 2014
An act to amend Section 48356 33050
of the Education Code, relating to school enrollment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1670, as amended, Donnelly. School enrollment: Open Enrollment
Act : wai ver: parent notice .
Existing law, the Open Enrollment Act, authorizes the parent of a
pupil enrolled in a low-achieving school, as defined, to submit an
application for the pupil to attend a school in a school district
other than the school district in which the parent of the pupil
resides, as specified. The Open Enrollment Act requires a school
district of enrollment, as defined, to ensure that pupils enrolled
pursuant to the act are enrolled in a school with a higher Academic
Performance Index than the school in which the pupil was previously
enrolled and are selected through a random, unbiased process, except
that pupils applying for transfer are required to be assigned
specified priorities for approval.
Existing law authorizes the governing board of a school district
or a county office of education, on a districtwide or countywide
basis or on behalf of one or more of its schools or programs, after a
public hearing on the matter, to request the State Board of
Education to waive all or part of any section of the Education Code
or any regulation of the state board that implements a provision of
the Education Code that may be waived, except as specified. The
provisions of the Open Enrollment Act are among those provisions that
may be waived by the state board.
This bill would make nonsubtantive changes to certain
require the governing board of any school district
requesting a waiver of the provisions of the Open Enrollment
Act that require a school to be included on the list
of low-achieving schools, as defined, to send a written notice
to the parents or guardians of each pupil attending each school
that would otherwise be listed. The bill would require this notice to
include, but not be limited to, instruction on how to contact the
state board regarding the request by the school district to waive the
listing requirement . The bill would also update
cross-references and delete obsolete provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33050 of the
Education Code is amended to read:
33050. (a) The governing board of a school district or a county
board of education, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, may request the State Board of
Education state board to waive all or part of
any section of this code or any regulation adopted by the
State Board of Education state board that
implements a provision of this code that may be waived, except:
(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 4 of Part 10 of
Division 1 of Title 1 .
(2) Chapter 6 (commencing with Section 16000) of Part 10 of
Division 1 of Title 1 .
(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
(commencing with Section 17070.10), and Chapter 14 (commencing with
Section 17085) of Part 10 of Division 1 of Title 1 .
(4) Part 13 (commencing with Section 22000).
(5) Section 35735.1.
(6) Paragraph (8) of subdivision (a) of Section 37220.
(7)
(4) The following provisions of Part 10.5 (commencing
with Section 17211): 17210) of Division 1 of
Title 1:
(A) Chapter 1 (commencing with Section 17211)
17210) .
(B) Article 1 (commencing with Section 17251) to Article 6
(commencing with Section 17365), inclusive, of Chapter 3.
(C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462
and subdivision (a) of Section 17464; and Sections 17582 to 17592,
inclusive.
(5) Part 13 (commencing with Section 22000) of Division 1 of Title
1.
(6) Section 35735.1.
(7) Paragraph (8) of subdivision (a) of Section 37220.
(8) The following provisions of Part 24 (commencing with Section
41000): 41000) of Division 3:
(A) Sections 41000 to 41360, inclusive.
(B) Sections 41420 to 41423, inclusive.
(C) Sections 41600 to 41866 41863 ,
inclusive.
(D) Sections 41920 to 42911 42850 ,
inclusive.
(9) Sections 44504 and 44505.
(10) Article 3 (commencing with Section 44930) of Chapter 4 of
Part 25 of Division 3 and regulations in Title 5 of the
California Code of Regulations adopted pursuant to Article 3
(commencing with Section 44930) of Chapter 4 of Part 25 of
Division 3 .
(11) Part 26 (commencing with Section 46000) of Division 4
.
(12) Chapter 6 (commencing with Section 48900) and Chapter 6.5
(commencing with Section 49060) of Part 27 of Division 4 .
(13) Section 51513.
(14) Chapter 6.10 (commencing with Section 52120) of Part 28
of Division 4 , relating to class size reduction.
(15) Section 52163.
(16) The identification and assessment criteria relating to any
categorical aid program, including Sections 52164.1 and 52164.6.
(17) Sections 52165, 52166, and 52178.
(18) Article 3 (commencing with Section 52850) of Chapter 12 of
Part 28 of Division 4 .
(19) Section 56364.1, except that this restriction shall not
prohibit the State Board of Education state
board from approving any waiver of Section 56364 or
Section 56364.2, as applicable, relating
to full inclusion.
(20) Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33 of Division 4 , relating to the STAR
Program MAPP , and any other provisions of
Chapter 5 (commencing with Section 60600) of Part 33 of Division
4 that establish requirements for the STAR Program
MAPP .
(b) Any waiver of provisions related to the programs identified in
Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part 28 of
Division 4 .
(c) The waiver of an advisory committee required by law shall be
granted only pursuant to Article 4 (commencing with Section 52870) of
Chapter 12 of Part 28 of Division 4 .
(d) Any request for a waiver submitted by the governing board of a
school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to both of the
following:
(1) Whether the exclusive representative of employees, if any, as
provided in Chapter 10.7 (commencing with Section 3540) of Division 4
of Title 1 of the Government Code, participated in the development
of the waiver.
(2) The exclusive representative's position regarding the waiver.
(e) Any request for a waiver submitted pursuant to subdivision (a)
relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of
Part 28 of Division 4 , that is operated by a joint
powers entity established pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code, shall
be submitted as a joint waiver request for each participating school
district and shall meet both of the following conditions:
(1) Each joint waiver request shall comply with all of the
requirements of this article.
(2) The submission of a joint waiver request shall be approved by
a unanimous vote of the governing board of the joint powers agency.
(f) The governing board of any school district requesting a waiver
under this section of any provision of Article 5 (commencing with
Section 39390) of Chapter 3 of Part 23 shall provide written notice
of any public hearing it conducted pursuant to subdivision (a), at
least 30 days prior to the hearing, to each public agency identified
under Section 39394.
(f) The governing board of any school district requesting a waiver
under this section of the provisions of the Open Enrollment Act
(Article 10 (commencing with Section 48350) of Chapter 2 of Part 27
of Division 4) that require a school to be included on the list of
low-achieving schools, as defined in subdivision (a) of Section
48352, shall send a written notice to the parents or guardians of
each pupil attending each school that would otherwise be listed. The
notice required under this subdivision shall include, but not be
limited to, instruction on how to contact the state board regarding
the request by the school district to waive the listing requirement.
SECTION 1. Section 48356 of the Education Code
is amended to read:
48356. (a) A school district of enrollment may adopt specific,
written standards for acceptance and rejection of applications
pursuant to this article. The standards may include consideration of
the capacity of a program, class, grade level, school building, or
adverse financial impact. Subject to subdivision (b), and except as
necessary in accordance with Section 48355, the standards shall not
include consideration of a pupil's previous academic achievement,
physical condition, proficiency in the English language, family
income, or any of the individual characteristics set forth in Section
200.
(b) In considering an application pursuant to this article, a
school district of enrollment may apply its usual requirements for
admission to a magnet school or a program designed to serve gifted
and talented pupils.
(c) Subject to the rules and standards that apply to pupils who
reside in the school district of enrollment, a resident pupil who is
enrolled in one of the district's schools pursuant to this article
shall not be required to submit an application in order to remain
enrolled.
(d) A school district of enrollment shall ensure that pupils
enrolled pursuant to standards adopted pursuant to this section are
enrolled in a school with a higher Academic Performance Index than
the school in which the pupil was previously enrolled and are
selected through a random, unbiased process that prohibits an
evaluation of whether or not the pupil should be enrolled based on
his or her individual academic or athletic performance, or any of the
other characteristics set forth in subdivision (a), except that
pupils applying for a transfer pursuant to this article shall be
assigned priority for approval as follows:
(1) First priority for the siblings of children who already attend
the desired school.
(2) Second priority for pupils transferring from a program
improvement school ranked in decile 1 on the Academic Performance
Index determined pursuant to subdivision (a) of Section 48352.
(3) If the number of pupils who request a particular school
exceeds the number of spaces available at that school, a lottery
shall be conducted in the group priority order identified in
paragraphs (1) and (2) to select pupils at random for acceptance
until all of the available spaces are filled.
(e) The initial application of a pupil for transfer to a school
within a school district of enrollment shall not be approved if the
transfer would require the displacement from the desired school of
any other pupil who resides within the attendance area of that school
or is currently enrolled in that school.
(f) A pupil approved for a transfer to a school district of
enrollment pursuant to this article shall be deemed to have fulfilled
the requirements of Section 48204.
