Bill Text: CA AB523 | 2015-2016 | Regular Session | Amended


Bill Title: School enrollment: City of La Palma: high school districts.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB523 Detail]

Download: California-2015-AB523-Amended.html
BILL NUMBER: AB 523	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Kim
    (   Coauthor:   Senator   Huff
  ) 

                        FEBRUARY 23, 2015

   An act to  amend Section 48354 of the Education Code,
   add Section 48032 to the Education Code, 
relating to school enrollment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 523, as amended, Kim.  Open Enrollment Act: option to
transfer to another school.   School enrollment: City of
La Palma: high school districts.  
   Existing law requires each person between 6 and 18 years of age
who is not otherwise exempted to attend the public full-time day
school or continuation school or classes in the school district in
which his or her parent or guardian is a resident. Existing law
authorizes the governing board of a school district to adopt a
resolution to become a school district of choice, as defined, and
accept interdistrict pupil transfers.  
   This bill would require a high school district that serves the
City of La Palma in the County of Orange, upon the request of a
parent or guardian who resides within the city limits, to enroll the
child of the parent or guardian in a school located in that city
without regard to the attendance boundaries of the high school
district. The high school district from which a pupil transfers
pursuant to the bill would be required to send all school records of
the pupil to the new school in accordance with state law. By
requiring the high school districts that serve the City of La Palma
in the County of Orange to enroll pupils they were not previously
required to enroll and performing other duties with regard to those
pupils, this bill would impose a state-mandated local program.

   This bill would make legislative findings and declarations as to
the necessity of a special statute for the high school districts that
serve the City of La Palma in the County of Orange.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   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's transfer to another public school served
by the school district of residence or another school district.
 
   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 48032 is added to the 
 Education Code   , to read:  
   48032.  Notwithstanding any other law, a high school district that
serves the City of La Palma in the County of Orange, upon the
request of a parent or guardian who resides within the city limits,
shall enroll the child of the parent or guardian in a school located
in the City of La Palma without regard to the attendance boundaries
of the high school district. The high school district from which the
pupil transfers shall send all school records of the pupil to the new
school in accordance with state law. A pupil attending a school in
the City of La Palma pursuant to this section has the same right to
continue to attend the school as any other pupil who otherwise
satisfies the residency requirements of the high school district.

   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the number of school districts
that serve the residents of the City of La Palma in the County of
Orange and the antiquated school district boundaries within the city.

   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
  SECTION 1.    Section 48354 of the Education Code
is amended to read:
   48354.  (a) The parent of a pupil enrolled in a low-achieving
school may submit an application for the pupil to attend a school in
a school district of enrollment pursuant to this article.
   (b) (1) Consistent with the requirements of Section 1116(b)(1)(E)
of the federal Elementary and Secondary Education Act of 2001 (20
U.S.C. Sec. 6301 et seq.), on or before the first day of the school
year, or, if later, on the date the notice of program improvement,
corrective action, or restructuring status is required to be provided
under federal law, the district of residence shall provide the
parents and guardians of all pupils enrolled in a school determined
in subdivision (a) of Section 48352 with notice of the option to
transfer to another public school served by the school district of
residence or another school district.
   (2) An application requesting a transfer pursuant to this article
shall be submitted by the parent of a pupil to the school district of
enrollment before January 1 of the school year preceding the school
year for which the pupil is requesting to transfer. The school
district of enrollment may waive the deadline specified in this
paragraph.
   (3) The application deadline specified in paragraph (2) does not
apply to an application requesting a transfer if the parent, with
whom the pupil resides, is enlisted in the military and was relocated
by the military within 90 days before submitting the application.
   (4) The application may request enrollment of the pupil in a
specific school or program within the school district of enrollment.
   (5) A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval of
his or her application.
   (6) In order to provide priority enrollment opportunities for
pupils residing in the school district, a school district of
enrollment shall establish a period of time for resident pupil
enrollment before accepting transfer applications pursuant to this
article. 
         
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