Bill Text: CA AB1851 | 2013-2014 | Regular Session | Chaptered

---

Bill Title: School attendance: interdistrict attendance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-09 - Chaptered by Secretary of State - Chapter 104, Statutes of 2014. [AB1851 Detail]

Download: California-2013-AB1851-Chaptered.html

---

BILL NUMBER: AB 1851	CHAPTERED
	BILL TEXT

	CHAPTER  104
	FILED WITH SECRETARY OF STATE  JULY 9, 2014
	APPROVED BY GOVERNOR  JULY 9, 2014
	PASSED THE SENATE  JUNE 26, 2014
	PASSED THE ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  MAY 14, 2014

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 19, 2014

   An act to amend Section 46601 of the Education Code, relating to
school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1851, Bradford. School attendance: interdistrict attendance.
   Existing law authorizes the governing boards of 2 or more school
districts to enter into an agreement for the interdistrict attendance
of pupils who are residents of the school districts. If the
governing board of either of 2 school districts subject to such an
agreement fails to approve a request for a permit to attend another
school district that is also a party to the agreement within 30
calendar days after the person having legal custody of a pupil has
requested the permit, or, in the absence of an agreement between the
school districts, fails or refuses to enter into an agreement, the
person requesting the permit shall be advised of the right to appeal
to the county board of education, as specified. Existing law requires
the county board of education, within 30 calendar days after the
appeal is filed, to determine whether the pupil should be permitted
to attend the school district in which the pupil desires to attend
and the applicable period of time, unless the county board of
education is located in a class 1 or class 2 county, as defined, in
which case the county board of education, until July 1, 2015, is
required to make this determination within 40 schooldays.
   This bill would instead, until July 1, 2018, require a county
board of education located in a class 1 or class 2 county, as
defined, to determine within 40 schooldays whether the pupil should
be permitted to attend the school district in which the pupil desires
to attend and the applicable period of attendance. The bill would
make nonsubstantive changes to these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 46601 of the Education Code, as amended by
Section 2 of Chapter 87 of the Statutes of 2011, is amended to read:
   46601.  (a) If, within 30 calendar days after the person having
legal custody of a pupil has so requested, the governing board of
either school district fails to approve interdistrict attendance in
the current term, or, in the absence of an agreement between the
school districts, fails or refuses to enter into an agreement, the
school district denying the permit, or, in the absence of an
agreement, the school district of residence, shall advise the person
requesting the permit of the right to appeal to the county board of
education.
   (b) If, within 14 calendar days after the commencement of
instruction in a new term in each of the school districts,
respectively, when the person having legal custody of a pupil has so
requested separately of each school district not later than 30
calendar days before the commencement of instruction in that term in
that school district, the governing board of either school district
fails to approve interdistrict attendance in that term, or, in the
absence of an agreement between the school districts to permit that
attendance, fails or refuses to enter an agreement, the school
district denying the permit, or, in the absence of an agreement, the
school district of residence, shall advise the person requesting the
permit of the right to appeal to the county board of education.
   (c) Notifying school districts shall also, in all instances,
advise persons making unsuccessful requests for interdistrict
attendance of all of the following:
   (1) The person having legal custody may appeal, within 30 calendar
days of the failure or refusal to issue a permit, or to enter into
an agreement allowing the attendance, to the county board of
education having jurisdiction over the school district of residence
of the parent or legal guardian or person having legal custody.
Failure to appeal within the required time is good cause for denial
of an appeal. An appeal shall be accepted only upon verification by
the county board of education's designee that appeals within the
school districts have been exhausted. If new evidence or grounds for
the request are introduced, the county board of education may remand
the matter for further consideration by the school district or
districts. In all other cases, the appeal shall be granted or denied
on its merits.
   (2) (A) (i) The county board of education shall, unless clause
(ii) applies, within 30 calendar days after the appeal is filed,
determine whether the pupil should be permitted to attend in the
school district in which the pupil desires to attend and the
applicable period of attendance.
   (ii) The county board of education in a class 1 or class 2 county
shall, within 40 schooldays after the appeal is filed, determine
whether the pupil should be permitted to attend in the school
district in which the pupil desires to attend and the applicable
period of attendance.
   (B) In the event that compliance by the county board of education
within the time requirement for determining whether the pupil should
be permitted to attend in the school district in which the pupil
desires to attend is impractical, the county board of education or
the county superintendent of schools, for good cause, may extend the
time period for up to an additional five schooldays. The county board
of education shall provide adequate notice to all parties of the
date and time of any hearing scheduled and of the opportunity to
submit written statements and documentation and to be heard on the
matter pursuant to rules and regulations adopted by the county board
of education in accordance with this chapter. The county board of
education's rules may provide for the granting of continuances upon a
showing of good cause. The county board of education shall render a
decision within three schooldays of any hearing conducted by the
county board of education unless the person who filed the appeal
requests a postponement.
   (C) In a class 1 or class 2 county, the county board of education'
s rules may provide for any hearing pursuant to this section to be
conducted by a hearing officer pursuant to Chapter 14 (commencing
with Section 27720) of Part 3 of Division 2 of Title 3 of the
Government Code, or by an impartial administrative panel of three or
more certificated persons appointed by the county board of education.
Section 27722 of the Government Code applies to a hearing by an
impartial administrative panel and, for purposes of this section, the
term "hearing officer" in Section 27722 of the Government Code
includes an impartial administrative panel. A member of the impartial
administrative panel shall not be a member of the county board of
education, nor be employed by the school district of residence or the
school district of desired attendance.
   (D) The definitions of "class 1 county" and "class 2 county" in
subdivision (e) of Section 48919.5 apply to this section. If the
hearing officer is not authorized to decide whether the pupil should
be permitted to attend in the school district in which the pupil
desires to attend, the county board of education, within 10 days of
receiving the recommended decision pursuant to subdivision (b) of
Section 27722 of the Government Code, shall render a decision.
   (3) The county supervisor of attendance, or other designee of the
county superintendent of schools, shall investigate to determine
whether local remedies in the matter have been exhausted and to
provide any additional information deemed useful to the county board
of education in reaching a decision.
   (4) If the interdistrict attendance involves school districts
located in different counties, the county board of education having
jurisdiction over the school district denying a permit, or refusing
or failing to enter into an agreement to allow for the issuance of a
permit, shall have jurisdiction for purposes of an appeal. If both
school districts deny a permit, or refuse or fail to enter into an
agreement to allow for the issuance of a permit, the county board of
education having jurisdiction over the school district of residence
shall have jurisdiction for purposes of an appeal and, upon granting
a pupil's appeal, shall seek concurrence in the decision by the
county board of education of the other county that shall provide
adequate opportunity for the school district under its jurisdiction
to be heard on the matter before making a decision. If the two county
boards of education do not then concur, the pupil's appeal shall be
denied.
   (5) Pupils who are under consideration for expulsion, or who have
been expelled pursuant to Sections 48915 and 48918, may not appeal
interdistrict attendance denials or recisions while expulsion
proceedings are pending, or during the term of the expulsion.
   (d) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 2.  Section 46601 of the Education Code, as added by Section 3
of Chapter 87 of the Statutes of 2011, is amended to read:
   46601.  (a) If, within 30 calendar days after the person having
legal custody of a pupil has so requested, the governing board of
either school district fails to approve interdistrict attendance in
the current term, or, in the absence of an agreement between the
school districts, fails or refuses to enter into an agreement, the
school district denying the permit, or, in the absence of an
agreement, the school district of residence, shall advise the person
requesting the permit of the right to appeal to the county board of
education.
   (b) If, within 14 calendar days after the commencement of
instruction in a new term in each of the school districts,
respectively, when the person having legal custody of a pupil has so
requested separately of each school district not later than 30
calendar days before the commencement of instruction in that term in
that school district, the governing board of either school district
fails to approve interdistrict attendance in that term, or, in the
absence of an agreement between the school districts to permit that
attendance, fails or refuses to enter an agreement, the school
district denying the permit, or, in the absence of an agreement, the
school district of residence, shall advise the person requesting the
permit of the right to appeal to the county board of education.
   (c) Notifying school districts shall also, in all instances,
advise persons making unsuccessful requests for interdistrict
attendance of all of the following:
   (1) The person having legal custody may appeal, within 30 calendar
days of the failure or refusal to issue a permit, or to enter into
an agreement allowing the attendance, to the county board of
education having jurisdiction over the school district of residence
of the parent or legal guardian or person having legal custody.
Failure to appeal within the required time is good cause for denial
of an appeal. An appeal shall be accepted only upon verification by
the county board of education's designee that appeals within the
school districts have been exhausted. If new evidence or grounds for
the request are introduced, the county board of education may remand
the matter for further consideration by the school district or
districts. In all other cases, the appeal shall be granted or denied
on its merits.
   (2) (A) The county board of education shall, within 30 calendar
days after the appeal is filed, determine whether the pupil should be
permitted to attend in the school district in which the pupil
desires to attend and the applicable period of attendance.
   (B) In the event that compliance by the county board of education
within the time requirement for determining whether the pupil should
be permitted to attend in the school district in which the pupil
desires to attend is impractical, the county board of education or
the county superintendent of schools, for good cause, may extend the
time period for up to an additional five schooldays. The county board
of education shall provide adequate notice to all parties of the
date and time of any hearing scheduled and of the opportunity to
submit written statements and documentation and to be heard on the
matter pursuant to rules and regulations adopted by the county board
of education in accordance with this chapter. The county board of
education's rules may provide for the granting of continuances upon a
showing of good cause. The county board of education shall render a
decision within three schooldays of any hearing conducted by the
county board of education unless the person who filed the appeal
requests a postponement.
   (C) In a class 1 or class 2 county, the county board of education'
s rules may provide for any hearing pursuant to this section to be
conducted by a hearing officer pursuant to Chapter 14 (commencing
with Section 27720) of Part 3 of Division 2 of Title 3 of the
Government Code, or by an impartial administrative panel of three or
more certificated persons appointed by the county board of education.
Section 27722 of the Government Code applies to a hearing by an
impartial administrative panel and, for purposes of this section, the
term "hearing officer" in Section 27722 of the Government Code
includes an impartial administrative panel. A member of the impartial
administrative panel shall not be a member of the county board of
education, nor be employed by the school district of residence or the
school district of desired attendance.
   (D) The definitions of "class 1 county" and "class 2 county" in
subdivision (e) of Section 48919.5 apply to this section. If the
hearing officer is not authorized to decide whether the pupil should
be permitted to attend in the school district in which the pupil
desires to attend, the county board of education, within 10 days of
receiving the recommended decision pursuant to subdivision (b) of
Section 27722 of the Government Code, shall render a decision.
   (3) The county supervisor of attendance, or other designee of the
county superintendent of schools, shall investigate to determine
whether local remedies in the matter have been exhausted and to
provide any additional information deemed useful to the county board
of education in reaching a decision.
   (4) If the interdistrict attendance involves school districts
located in different counties, the county board of education having
jurisdiction over the school district denying a permit, or refusing
or failing to enter into an agreement to allow for the issuance of a
permit, shall have jurisdiction for purposes of an appeal. If both
school districts deny a permit, or refuse or fail to enter into an
agreement to allow for the issuance of a permit, the county board of
education having jurisdiction over the school district of residence
shall have jurisdiction for purposes of an appeal and, upon granting
a pupil's appeal, shall seek concurrence in the decision by the
county board of education of the other county that shall provide
adequate opportunity for the school district under its jurisdiction
to be heard on the matter before making a decision. If the two county
boards of education do not then concur, the pupil's appeal shall be
denied.
   (5) Pupils who are under consideration for expulsion, or who have
been expelled pursuant to Sections 48915 and 48918, may not appeal
interdistrict attendance denials or recisions while expulsion
proceedings are pending, or during the term of the expulsion.
   (d) This section shall become operative on July 1, 2018.