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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 1851	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 19, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1851, as introduced, 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 delete the July 1, 2015, repeal date thereby
indefinitely requiring 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
time. The bill would make nonsubstantive changes to this provision.
   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 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 prior to   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's   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)  is applicable,   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 time.
   (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 time.
   (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  school days   schooldays 
. The county 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  is
applicable  applies  to a hearing by  any
  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.
 No   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 which 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, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, 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 repealed. 
   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
districts, fails or refuses to enter into an agreement, the district
denying the permit, or, in the absence of an agreement, the 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 district not later than 30 calendar days
prior to the commencement of instruction in that term in that
district, the governing board of either district fails to approve
interdistrict attendance in that term, or, in the absence of an
agreement between the districts to permit that attendance, fails or
refuses to enter an agreement, the district denying the permit, or,
in the absence of an agreement, the district of residence, shall
advise the person requesting the permit of the right to appeal to the
county board of education.
   (c) Notifying 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 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's designee that appeals within the districts have been
exhausted. If new evidence or grounds for the request are introduced,
the county board may remand the matter for further consideration by
the 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 district in which the pupil desires to
attend and the applicable period of time.
   (B) In the event that compliance by the county board within the
time requirement for determining whether the pupil should be
permitted to attend in the district in which the pupil desires to
attend is impractical, the county board or the county superintendent
of schools, for good cause, may extend the time period for up to an
additional five schooldays. The county 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 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
board unless the person who filed the appeal requests a postponement.

   (C) In a class 1 or class 2 county, the county board 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 is applicable to a hearing by any 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. No member of the impartial
administrative panel shall be a member of the county board of
education, nor be employed by the school district of residence or the
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 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
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 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
districts deny a permit, or refuse or fail to enter into an agreement
to allow for the issuance of a permit, the county board having
jurisdiction over the 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 the other
county which shall provide adequate opportunity for the district
under its jurisdiction to be heard on the matter before making a
decision. If the two county boards 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, 2015.