Bill Text: CA SB1156 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 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 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 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, 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 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 bill would provide that a "low-achieving school"
shall not include a court, community, or community day school, or a
charter school. The bill would also make conforming changes. To the
extent the bill would expand the duties of school districts under the
Open Enrollment Act, the bill would impose a state-mandated local
program.
(2) Existing law requires the Superintendent of Public Instruction
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 Superintendent, in
conjunction with the Legislative Analyst's Office,
Office to complete an evaluation of, and to
make recommendations on, the open enrollment program, as provided.
The bill would require the Superintendent
Legislative Analyst's Office to submit the final evaluation
report to the Legislature, Governor, and state board no
later than one year after the implementation of the state's new
accountability system. 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.
(3) 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:
(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) 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) This section shall become operative on July 1, 2018.
SEC. 7. Section 48360 of the Education Code is amended to read:
48360. (a) The Superintendent, in conjunction with the
Legislative Analyst's Office,
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) (1) The
Superintendent, in conjunction with the Legislative Analyst'
s Office, 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 no later than one year after the
implementation of 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).
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.
(2) The final evaluation report required pursuant to paragraph (1)
shall be submitted in compliance with Section 9795 of the Government
Code.
SEC. 8. 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.
