Amended  IN  Assembly  January 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 76

Introduced by Assembly Member Kiley
(Coauthor: Senator Jones)

December 07, 2020

An act to add Part 24.6 (commencing with Section 43600) to Division 3 of Title 2 amend Section 46600 of the Education Code, relating to public schools, pupil attendance, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 76, as amended, Kiley. Open California Schools Act. Interdistrict transfer of pupils: prohibition on transfers by a school district of residence: in-person instruction.

Existing law establishes a system of public elementary and secondary education in the state through which local educational agencies provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes provisions for in-person instruction and distance learning at public elementary and secondary schools in the state due to the COVID-19 pandemic.

This bill would require a local educational agency, as defined, to offer in-person instruction, as defined, as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction, as specified. During any period of time in the 2020–21 or 2021–22 school years that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, the bill would authorize a local educational agency to offer a hybrid model including both in-person and distance learning that meets certain requirements.

By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program.

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 the statutory provisions noted above.

Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law, regardless of whether there is an agreement or permit, prohibits a school district of residence from prohibiting the transfer of a pupil who is a child of an active military duty parent to the school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
This bill would also prohibit a school district of residence from prohibiting the transfer of a pupil who is not receiving in-person instruction to a school district of proposed enrollment that is offering in-person instruction if the school district of proposed enrollment approves the application for transfer. The bill would define “in-person instruction” for its purposes to mean instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil and to include both full-time and hybrid instructional models.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.Part 24.6 (commencing with Section 43600) is added to Division 3 of Title 2 of the Education Code, to read:
24.6.Open California Schools Act
43600.

This part shall be known, and may be cited, as the Open California Schools Act.

43601.

(a)As used in this part, the following definitions apply:

(1)“Distance learning” means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency. Distance learning may include, but is not limited to, all of the following:

(A)Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology.

(B)Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology.

(C)The use of print materials incorporating assignments that are the subject of written or oral feedback.

(2)“Full-time in-person instruction” means in-person instruction that meets minimum schoolday and instructional minute requirements for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.

(3)“In-person instruction” means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.

(4)“Local educational agency” means a school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school pursuant to Sections 47612.5 and 47634.2 as of the 2019–20 fiscal year, offering distance learning in the 2020–21 school year due to the COVID-19 pandemic.

(b)A local educational agency shall offer full-time in-person instruction as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.

(c)Once state and county health orders and guidelines no longer prohibit a local educational agency from reopening for full-time in-person instruction, a local educational agency shall have no more than two weeks to transition to full-time in-person instruction.

(d)(1)A local educational agency shall offer full-time in-person instruction five days per week once state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.

(2)This subdivision does not apply to a local educational agency that is authorized to provide a four-day school week pursuant to Section 37700.

(e)During any period of time in the 2020–21 or 2021–22 school year that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, a local educational agency may offer a hybrid model including both in-person and distance learning that meets both of the following requirements:

(1)A local educational agency offering a hybrid model shall maximize in-person instruction to the greatest extent not prohibited by the state or county health order.

(2)A local educational agency offering a hybrid model shall offer, at a minimum, in-person instruction for one-half of the required instructional minutes in a minimum schoolday for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.

(f)This section shall not prohibit a local educational agency from continuing to offer a distance learning option to any pupil who chooses to continue to receive distance learning.

(g)This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), on a local educational agencywide or schoolwide level due to an order or guidance from a state public health officer or a local public health officer.

(h)This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), for pupils who are medically fragile, would be put at risk by in-person instruction, or are self-quarantining due to exposure to COVID-19.

(i)This section shall apply to a local educational agency in the 2020–21 school year, unless state and county health orders or guidelines do not allow full-time in-person instruction due to the COVID-19 pandemic. If state and county health orders or guidelines prohibit full-time in-person instruction in the 2020–21 school due to the COVID-19 pandemic, this section shall apply to a local educational agency for the 2021–22 school year as soon as state and county health orders and guidelines no longer prohibit the local educational agency from offering in-person instruction.

SEC. 2.

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 46600 of the Education Code is amended to read:

46600.
 (a) (1) The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which the pupil is enrolled, except as specified in paragraphs (2) and (4).
(2) The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3) The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school district’s approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4) Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b) A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c) In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d) (1) (A) Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, a school district of residence shall not prohibit the transfer of a either of the following:
(i) A pupil who is a child of an active duty military duty parent to a school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
(ii) A pupil who is not receiving in-person instruction to a school district of proposed enrollment that is offering in-person instruction if the school district of proposed enrollment approves the application for transfer.
(B) For purposes of this paragraph, “in-person instruction” means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil, and includes both full-time and hybrid instructional models.
(2) A school district of residence shall approve an intradistrict transfer request for a victim of an act of bullying unless the requested school is at maximum capacity, in which case the school district shall accept an intradistrict transfer request for a different school in the school district. Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, if the school district of residence has only one school offering the grade level of the victim of an act of bullying and therefore there is no option for an intradistrict transfer, the victim of an act of bullying may apply for an interdistrict transfer and the school district of residence shall not prohibit the transfer if the school district of proposed enrollment approves the application for transfer.
(3) A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision until the school district is at maximum capacity. A school district of proposed enrollment shall ensure that pupils admitted under this subdivision are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based on academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status.
(4) (A) For purposes of this subdivision, “active military duty parent” means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Guard on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
(B) For purposes of this subdivision, a “victim of an act of bullying” means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency.
(5) (A) Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals.
(B) A school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision.
(C) It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to subdivision (e) of Section 42238.02.

SEC. 3.SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that pupils have optimal access to in-person instruction that is offered at public elementary and secondary schools to the greatest extent not prohibited by state and county health orders and guidelines in the 2020–21 and 2021–22 school years, it is necessary for this act to take effect immediately.