Bill Text: CA SB1156 | 2015-2016 | Regular Session | Amended
Bill Title: School accountability: Open Enrollment Act: low-achieving schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on the inactive file. [SB1156 Detail]
Download: California-2015-SB1156-Amended.html
BILL NUMBER: SB 1156 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN SENATE APRIL 21, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Huff
FEBRUARY 18, 2016
An act to amend Section 48360 of, and to amend,
repeal, and add Sections 48352, 48354, and 48356
48356, and 48359, to add Sections 48357.5, 48359.3, and 48362
to, and to repeal Article 10 (commencing with Section 48350) of
Chapter 2 of Part 27 of Division 4 of Title 2 of, the Education
Code, relating to school accountability.
LEGISLATIVE COUNSEL'S DIGEST
SB 1156, as amended, Huff. School accountability: Open Enrollment
Act: low-achieving schools.
(1) Commencing with the 2017-18 school year, the federal
Elementary and Secondary Education Act of 1965, as amended by the
federal Every Student Succeeds Act, requires the state to identify
schools for comprehensive support and improvement pursuant to
specified accountability system requirements.
Existing state law, the Open Enrollment Act,
Act (the 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 resides, as specified. The act
defines "low-achieving school" to mean a school on a list created
annually by the Superintendent of Public Instruction of 1,000 schools
ranked by increasing Academic Performance Index score with the same
ratio of elementary, middle, and high schools as existed in decile 1
in the 2008-09 school year.
Commencing July 1, 2018, this bill would instead define a
"low-achieving school" for purposes of the Open Enrollment
Act act to include, among others, a school
identified by the Superintendent or the State Board of Education for
comprehensive support and improvement pursuant to federal specified
accountability system requirements, including, among others, a school
identified as being in the lowest performing 5% of all Title I
schools, or a high school failing to graduate 1/3 or more of its
pupils. Notwithstanding those provisions, the
The bill would provide that a "low-achieving school" shall not
include a court, community, or community day school, or a
charter school. school, limit the total number of
low-achieving schools to no more than 1,000, and prohibit more than
10% of a local educational agency's schools from being
low-performing. Commencing July 1, 2018, the bill would prohibit a
school district of enrollment from not accepting transfers due to the
costs associated with those transfers or because the pupil is
special needs, including an individual with exceptional needs, or the
pupil is an English learner, and would authorize a school district
of residence to prohibit or limit transfers pursuant to the act only
in specified circumstances relating to desegregation. The bill
would also make conforming changes. To the extent the bill would
expand the duties of school districts under the Open
Enrollment Act, act, the bill would impose a
state-mandated local program.
(2) The act encourages each school district to keep an accounting
of all requests made for alternative attendance pursuant to the act
and records of all disposition of those requests, as provided.
Commencing July 1, 2018, this bill would instead require each
school district of enrollment to keep that information and would
require the Superintendent to collect that information, as provided.
On or before July 1, 2017, the bill would require the Superintendent
to report to the appropriate fiscal and policy committees of the
Legislature, the Governor, and the Legislative Analyst's Office, the
plan for collecting the information. Commencing July 1, 2018, the
bill would require the school district of enrollment, on or before
May 15 of each year, to report the information to each school
district that is geographically adjacent, to its county office of
education, and to the Superintendent, as specified, and would also
require the Superintendent to annually make certain information
available to the appropriate fiscal and policy committees of the
Legislature, the Governor, and the Legislative Analyst's Office, as
provided. To the extent the bill would expand the duties of school
districts under the act, the bill would impose a state-mandated local
program.
(2) Existing law requires the Superintendent of Public Instruction
(3) The act requires the Superintendent
to contract for an independent evaluation of the open
enrollment program, as provided. Existing law requires the
Superintendent to provide a final evaluation report to the
Legislature, Governor, and State Board of Education on or before
October 1, 2014.
This bill would require the Legislative Analyst's Office to
complete an evaluation of, and to make recommendations on, the open
enrollment program, as provided. The bill would require the
Legislative Analyst's Office to submit the final evaluation report to
the Legislature, Governor, and state board on or before December 1,
2021. The bill would require the Superintendent to provide the data
necessary to complete the report to the Legislative Analyst's Office
by December 1, 2020.
(4) This bill would make the act inoperative on July 1, 2022, and
would repeal the act on January 1, 2023.
(3)
(5) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48352 of the Education Code is amended to read:
48352. (a) For purposes of this article, the following
definitions apply:
(1) "Low-achieving school" means any school on a list created by
the Superintendent pursuant to the following:
(A) Consistent with subparagraph (B), the Superintendent annually
shall create a list of 1,000 schools ranked by increasing API with
the same ratio of elementary, middle, and high schools as existed in
decile 1 in the 2008-09 school year.
(B) In constructing the list of 1,000 schools each year, the
Superintendent shall ensure each of the following:
(i) A local educational agency shall not have more than 10 percent
of its schools on the list. However, if the number of schools in a
local educational agency is not evenly divisible by 10, the
Superintendent shall round up to the next whole number of schools.
(ii) Court, community, or community day schools shall not be
included on the list.
(iii) Charter schools shall not be included on the list.
(2) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
(3) "School district of enrollment" means a school district other
than the school district in which the parent of a pupil resides, but
in which the parent of the pupil nevertheless intends to enroll the
pupil pursuant to this article.
(4) "School district of residence" means a school district in
which the parent of a pupil resides and in which the pupil would
otherwise be required to enroll pursuant to Section 48200.
(b) 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 48352 is added to the Education Code, to read:
48352. (a) For purposes of this article, the following
definitions apply:
(1) (A) "Low-achieving school" means either of the following:
(i) A school that is identified by the Superintendent or the state
board for comprehensive support and improvement pursuant to the
accountability system requirements of the federal Elementary and
Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by
the federal Every Student Succeeds Act (Public Law 114-95), including
all of the following:
(I) A school identified as being in the lowest performing 5
percent of all Title I schools.
(II) A high school that fails to graduate one-third or more of its
pupils.
(III) A school subject to a mandatory targeted support and
improvement plan.
(ii) A school receiving mandatory assistance pursuant to
subdivision (f) of Section 52074.
(B) Notwithstanding subparagraph (A), a "low-achieving school"
shall not include the following schools:
court, community, or community day schools.
(i) Court, community, or community day schools.
(ii) Charter schools.
(2) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
(3) "School district of enrollment" means a school district other
than the school district in which the parent of a pupil resides, but
in which the parent of the pupil nevertheless intends to enroll the
pupil pursuant to this article.
(4) "School district of residence" means a school district in
which the parent of a pupil resides and in which the pupil would
otherwise be required to enroll pursuant to Section 48200.
(b) The number of schools identified as low-achieving schools
shall not exceed 1,000 schools.
(c) A local educational agency shall not have more than 10 percent
of its schools identified as low-achieving schools. However, if the
number of schools in a local educational agency is not evenly
divisible by 10, the Superintendent shall round up to the next whole
number of schools.
(b)
(d) This section shall become operative on July 1,
2018.
SEC. 3. 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 school district of residence shall provide
the parents and guardians of all pupils enrolled in a low-achieving
school, as determined pursuant to paragraph (1) of 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.
(c) 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. 4. Section 48354 is added to the Education Code, 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 authorization in Section 1111(d)(1)(D)
of the federal Elementary and Secondary Education Act of 1965 (20
U.S.C. Sec. 6311), as amended by the federal Every Student Succeeds
Act (Public Law 114-95), on or before the first day of the school
year, or, if later, on the date of the notice of identification of
schools for comprehensive support and improvement, the school
district of residence shall provide the parents and guardians of all
pupils enrolled in a low-achieving school, as determined pursuant to
paragraph (1) of 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.
(c) This section shall become operative on July 1, 2018.
SEC. 5. 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
nonresident school district 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 nonresident pupil who
is enrolled in one of the school 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, as determined pursuant to paragraph (1) of 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 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.
(g) 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. 6. Section 48356 is added to the Education Code, 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 nonresident pupil who
is enrolled in one of the school 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 not identified as being a low-achieving school
pursuant to paragraph (1) of subdivision (a) of Section 48352 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 unduplicated pupils, as defined in
paragraph (1) of subdivision (b) of Section 42238.02, transferring
from a low-achieving school, as determined pursuant to paragraph (1)
of 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 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.
(g) Communications to parents by school districts of enrollment
shall be factually accurate and not target individual parents or
residential neighborhoods on the basis of a child's actual or
perceived academic or athletic performance or any other personal
characteristic.
(h) All communications from the school district of enrollment
regarding the transfer opportunities pursuant to this article shall
be available in all languages required for the school district of
residence pursuant to Section 48985.
(i) (1) The school district of enrollment shall not prohibit a
transfer of a pupil under this article based upon a determination by
the governing board of that school district that the additional cost
of educating the pupil would exceed the amount of additional state
aid received as a result of the transfer. A school district of
enrollment shall not reject the transfer of a special needs pupil,
including an individual with exceptional needs, as defined in Section
56026, or an English learner.
(2) This subdivision is intended to ensure that special education,
bilingual, English learner, or other special needs pupils are not
discriminated against by the school district of enrollment because of
the costs associated with educating those pupils. Pupils with
special needs may take full advantage of the choice options available
under this article.
(j) A school district of enrollment, with respect to compliance
with subdivisions (d) and (g), shall be subject to the audit
conducted pursuant to Section 41020.
(g)
(k) This section shall become operative on July 1,
2018.
SEC. 7. Section 48357.5 is added to the
Education Code , to read:
48357.5. (a) A school district of residence, upon notification of
the pupil's acceptance to the school district of enrollment, may
prohibit the transfer of a pupil under this article or limit the
number of pupils so transferred if the governing board of the school
district of residence determines that the transfer would negatively
impact any of the following:
(1) The court-ordered desegregation plan of the school district of
residence.
(2) The voluntary desegregation plan of the school district of
residence, consistent with the provisions of Proposition 209, an
initiative measure adopted by the voters at the November 5, 1996,
General Election.
(3) The racial and ethnic balance of the school district of
residence, consistent with the provisions of Proposition 209, an
initiative measure adopted by the voters at the November 5, 1996,
General Election.
(b) This section shall become operative on July 1, 2018.
SEC. 8. Section 48359 of the Education
Code is amended to read:
48359. (a) Each school district is encouraged to keep an
accounting of all requests made for alternative attendance pursuant
to this article and records of all disposition of those requests that
may include, but are not limited to, all of the following:
(1) The number of requests granted, denied, or withdrawn. In the
case of denied requests, the records may indicate the reasons for the
denials.
(2) The number of pupils who transfer out of the district.
(3) The number of pupils who transfer into the district.
(4) The race, ethnicity, gender, self-reported socioeconomic
status, and the school district of residence of each of the pupils
described in paragraphs (2) and (3).
(5) The number of pupils described in paragraphs (2) and (3) who
are classified as English learners or identified as individuals with
exceptional needs, as defined in Section 56026.
(b) The information maintained pursuant to subdivision (a) may be
reported to the governing board of the school district at a regularly
scheduled meeting of the governing board.
(c) 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. 9. Section 48359 is added to the
Education Code , to read:
48359. (a) Each school district of enrollment shall keep an
accounting of all requests made for alternative attendance pursuant
to this article and records of all disposition of those requests that
may include, but are not limited to, all of the following:
(1) The number of requests granted, denied, or withdrawn. In the
case of denied requests, the records shall indicate the reasons for
the denials.
(2) The number of pupils who transfer out of the school district
of residence pursuant to this article.
(3) The number of pupils who transfer into the school district of
enrollment pursuant to this article.
(4) The race, ethnicity, gender, self-reported socioeconomic
status, and the school district of residence of each of the pupils
described in paragraphs (2) and (3).
(5) The number of pupils described in paragraphs (2) and (3) who
are classified as English learners or identified as individuals with
exceptional needs, as defined in Section 56026.
(b) The information maintained pursuant to subdivision (a) shall
be reported to the governing board of the school district of
enrollment at a regularly scheduled meeting of the governing board.
No later than May 15th of each year, the school district of
enrollment shall report the information maintained pursuant to
subdivision (a) for that school year to each school district that is
geographically adjacent to the school district of enrollment, the
county office of education in which the school district of enrollment
is located, and the Superintendent through the California
Longitudinal Pupil Achievement Data System or other electronic
program.
(c) The Superintendent shall do both of the following:
(1) Collect the information specified in subdivision (a) from each
school district of enrollment. The Superintendent shall ensure that
school districts of enrollment provide this information in a complete
format. The Superintendent may provide a template for school
districts of enrollment to use and may issue guidance regarding the
procedures for collecting and reporting data.
(2) Post the information collected pursuant to paragraph (1) on
the department's Internet Web site. The information shall be
accompanied by an explanation of the transfers authorized by this
article. The Superintendent shall make this information available by
request to any school district.
(d) The Superintendent may require the information specified in
subdivision (a) to be provided through the California Longitudinal
Pupil Achievement Data System, another data collection system
administered by the department, or another manner authorized by the
Superintendent. It is the intent of the Legislature that the
Superintendent collect the data in a manner that minimizes the
administrative burden for school districts and the department.
(e) The Superintendent shall annually make all of the following
information available to the appropriate fiscal and policy committees
of the Legislature, the Governor, and the Legislative Analyst's
Office:
(1) The number and characteristics of pupils who use the school
district open enrollment option pursuant to this article.
(2) The assessment scores of schools in school districts of
residence and school districts of enrollment pursuant to subdivision
(b) of Section 60640.
(3) The graduation rates of school districts of enrollment and
school districts of residence.
(4) The enrollment of school districts of residence and school
districts of enrollment for the previous five years.
(5) The fiscal health of school districts of residence and school
districts of enrollment, including, but not limited to, both of the
following:
(A) Increasing or declining enrollment.
(B) Whether a school district received a negative or qualified
rating pursuant to Section 42131.
(6) Other information the Superintendent deems appropriate.
(f) This section shall become operative on July 1, 2018.
SEC. 10. Section 48359.3 is added to the
Education Code , to read:
48359.3. On or before July 1, 2017, the Superintendent shall
report to the appropriate fiscal and policy committees of the
Legislature, the Governor, and the Legislative Analyst's Office a
description of the plan for collecting the data specified in
subdivision (a) of Section 48359, as required pursuant to
subdivisions (c) and (d) of Section 48359, as added by the act adding
this section.
SEC. 7. SEC. 11. Section 48360 of
the Education Code is amended to read:
48360. (a) The Legislative Analyst's Office shall complete an
evaluation of the open enrollment program operated pursuant to this
article. The evaluation shall, at a minimum, consider all of the
following:
(1) The levels of, and changes in, academic achievement of pupils
in school districts of residence and school districts of enrollment
for pupils who do and do not elect to enroll in a school district of
enrollment.
(2) Fiscal and programmatic effects on school districts of
residence and school districts of enrollment.
(3) Numbers and demographic and socioeconomic characteristics of
pupils who do and do not elect to enroll in a school district of
enrollment.
(b) The Legislative Analyst's Office shall make recommendations on
any additional or revised eligibility criteria for the open
enrollment program based on the state's new accountability system
adopted for purposes of complying with the federal Elementary and
Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by
the federal Every Student Succeeds Act (Public Law 114-95), including
the use of local control funding formula unduplicated subgroup
criteria, and may also include recommendations on whether other open
enrollment program provisions should be altered, expanded, or
deleted. The final evaluation report shall be submitted by the
Legislative Analyst's Office to the Legislature, Governor, and state
board on or before December 1, 2021. The Superintendent shall provide
the data necessary to complete the report to the Legislative Analyst'
s Office by December 1, 2020.
SEC. 12. Section 48362 is added to the
Education Code , to read:
48362. This article shall become inoperative on July 1, 2022,
and, as of January 1, 2023, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2023, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 8. SEC. 13. 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.
