Bill Text: CA SB1432 | 2015-2016 | Regular Session | Amended

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

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Bill Title: School attendance: pupil transfer options: school districts of choice.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1432 Detail]

Download: California-2015-SB1432-Amended.html

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BILL NUMBER: SB 1432	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2016
	AMENDED IN SENATE  APRIL 13, 2016

INTRODUCED BY   Senator Huff
   (Principal coauthors: Assembly Members Chang and Olsen)
    (  Coauthor:   Senator   Roth
  ) 
   (Coauthor: Assembly Member Medina)

                        FEBRUARY 19, 2016

   An act to amend Sections 48301, 48302, 48307, 48308, 48312, 48313,
48314, 48315, and 48316  of, and to add Section 48309.5 to,
  of  the Education Code, relating to school
attendance.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1432, as amended, Huff. School attendance: pupil transfer
options: school districts of choice.
   (1) Existing law requires each person between the ages of 6 and 18
years, who is not otherwise exempt, to attend the public full-time
day school 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 accept pupils from other school districts by
adopting a resolution to become a school district of choice, as
defined, and authorizes the governing board of a school district of
choice to ensure, by resolution, that pupils accepted for transfer
are selected through a random, unbiased process that prohibits an
evaluation of whether or not the pupil should be enrolled based upon
his or her academic or athletic performance. Existing law authorizes
either a pupil's school district of residence or a school district of
choice to prohibit the transfer of a pupil into a school district of
choice or limit the number of pupils transferred into a school
district of choice if the governing board of the school district
determines that the transfer would negatively impact a court-ordered
or voluntary desegregation plan of the school district or the racial
and ethnic balance of the school district. Existing law requires a
school district of choice, at its expense, to ensure that the auditor
who conducts the annual financial audit of the school district
reviews compliance with the requirements for a random, unbiased
selection process and appropriate communications at the same time
that he or she is conducting the annual audit, and requires the
school district to notify the auditor regarding this compliance
review prior to the commencement of the annual audit.
   This bill would require, instead of authorize, the governing board
of the school district of choice to ensure, by resolution, that
pupils accepted for transfer are selected through a random, unbiased
process that prohibits an evaluation of whether or not the pupil
should be enrolled based upon his or her academic or athletic
performance. The bill would authorize only a pupil's school district
of residence to prohibit the transfer of a pupil into a school
district of choice or limit the number of pupils transferred into a
school district of choice if the governing board of the school
district of residence determines that the transfer would negatively
impact a court-ordered or voluntary desegregation plan of the school
district of residence or the racial and ethnic balance of the school
district of residence. The bill would revise the provisions relating
to the audit.  The bill would also authorize the parent of a
pupil who is denied a transfer to appeal that decision to the county
superintendent of schools of the county in which the school district
issuing the denial is located, as provided. The bill would also
authorize a school district of choice to bring a complaint against a
school district of residence and a school district of residence to
bring a complaint against a school district of choice to a county
superintendent of schools, as provided. The bill would require the
county superintendent of schools to rely only on certain provisions
of existing law and determine only whether they were applied
accurately.  To the extent this would impose additional
duties on county superintendents of schools, the bill would impose a
state-mandated local program.
   (2) Existing law authorizes a school district of residence, as
defined, to limit the number of pupils who transfer out each year by
a certain percentage, and also authorizes a school district with an
average daily attendance of less than 50,000 to limit the maximum
number of pupils transferring out for the duration of the program to
10% of the average daily attendance for that period. Existing law
authorizes a school district of residence to limit transfers if it
has a negative or qualified status on the most recent budget
certification, or to limit the number of pupils to a number
identified by the county superintendent of schools, as specified, if
the county superintendent determines that the school district will
not meet the standards and criteria for fiscal stability for the
subsequent fiscal year due to the impact of additional pupil
transfers in that fiscal year.
   This bill would  instead  authorize a school
district of residence with an average daily attendance of 50,000 or
less to limit the maximum number of pupils enrolled in all school
districts of choice, at any given time, to 10% of the average daily
attendance. The bill would also establish procedures, as provided, by
which school districts of residence may implement the  other
 limits.
   (3) Existing law authorizes a school district of choice to notify
a school district of residence when the school district of choice
accepts a pupil from that school district of residence.
   This bill would instead require a school district of choice to
notify a school district of residence when the school district of
choice accepts or provisionally accepts a pupil from that school
district of residence, as specified.
   (4) Existing law authorizes school districts to make information
regarding their schools, programs, policies, and procedures available
to any interested person upon request.
   This bill would  instead require school districts to make
information regarding their schools, programs, policies, and
procedures available to any interested person upon request and would
 require a school district of choice to  also
 make public announcements regarding its schools, programs,
policies, and procedures during the enrollment period. To the extent
this would impose additional duties on school districts, the bill
would impose a state-mandated local program.
   (5) Existing law requires the Legislative Analyst annually to make
specified information regarding districts of choice transfers
available to the Governor and the appropriate fiscal and policy
committees of the Legislature.
   This bill would instead assign those duties to the Superintendent
of Public Instruction.
   (6) Existing law requires the Legislative Analyst to conduct,
after consulting with appropriate legislative staff, a comprehensive
evaluation of the district of choice program, make recommendations
regarding the extension of the program, incorporate in that
evaluation the data annually made available by the Department of
Finance, and complete and submit the evaluation and the
recommendations to the appropriate education policy committees of the
Legislature and the Governor by January 31, 2016.
   This bill would, instead, require the Legislative Analyst to
complete and submit the evaluation and the recommendations to the
appropriate education policy committees of the Legislature and the
Governor by January 31, 2020.
   (7) Existing law makes the school district of choice program
inoperative on July 1, 2017, and repeals the program on January 1,
2018.
   This bill would extend the inoperative date to July 1, 2022, and
the repeal date to January 1, 2023.
   (8) This bill would make other related changes, make clarifying
changes, recast certain provisions of existing law, and make other
nonsubstantive changes.
   (9) 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 48301 of the Education Code is amended to read:

   48301.  (a) (1) The governing board of any school district may
elect to operate the school district as a school district of choice
and may accept transfers from school districts of residence pursuant
to this article. If the governing board of a school district elects
to accept transfers as authorized under this article, it shall, by
resolution, determine and adopt the number of transfers it is willing
to accept under this article and ensure that pupils admitted under
this article are selected through a random, unbiased process that
prohibits an evaluation of whether or not a pupil should be enrolled
based upon his or her academic or athletic performance.
   (2) If the number of transfer applications exceeds the number of
transfers the governing board of a school district of choice elects
to accept under this article, approval for transfer pursuant to this
article shall be determined by a random drawing held in public at a
regularly scheduled meeting of the governing board of the school
district of choice.
   (b) Communications to parents by school districts of choice shall
be factually accurate and not target individual parents, residential
neighborhoods, or any other specific ascertainable cohort on the
basis of a pupil or pupils' actual or perceived academic or athletic
skill or other personal characteristic.
   (c) A school district of choice, with respect to compliance with
subdivisions (a) and (b), shall be subject to the audit conducted
pursuant to Section 41020.
   (d) A school district of choice shall post application information
on its Internet Web site. This information shall include, at a
minimum, any applicable form and timeline for a transfer pursuant to
this article. It also shall include an explanation of the selection
process the school district of choice implements pursuant to
subdivision (a).
   (e) A pupil attending a school in a school district of choice
shall be deemed to have fulfilled the requirements of Section 48204.
  SEC. 2.  Section 48302 of the Education Code is amended to read:
   48302.  School districts are encouraged to hold informational
meetings and make public announcements on the current educational
programs the school district is offering so that parents may provide
input to the school district on methods to improve the current
programs and so that parents may make informed decisions regarding
their children's education.
  SEC. 3.  Section 48307 of the Education Code is amended to read:
   48307.  (a)  Once a   A  school district
of residence with an average daily attendance greater than 50,000
 has received notification from a school district of choice
that a number of pupils that the school district of residence
calculates to be equal   may limit the number of pupils
transferring out each year  to 1 percent of its current year
estimated average daily  attendance have been accepted into
that school district of choice for the following school year, the
school district of residence may, by resolution in a public meeting
of the governing board of the school district of residence, restrict
any further pupils from transferring under this article to that
school district of choice for the upcoming school year. 
 attendance. 
   (b)  Once a   A  school district of
residence with an average daily attendance of 50,000 or less 
has been notified from a school district of choice that a number of
pupils that the school district of residence calculates to be equal
  may limit the number of pupils transferring out 
to 3 percent of its current year estimated average daily 
attendance have been accepted into that school district of choice for
the following school year, the school district of residence may, by
resolution in a public meeting of the governing board of the school
district of residence, restrict any further pupils from transferring
under this article to that school district of choice for the upcoming
school year.   attendance. 
   (c) A school district of residence with an average daily
attendance of 50,000 or less may limit the total number of pupils
enrolled in all school districts of choice, at any given time, to 10
percent of the school district of residence's average daily
attendance at that point in time. A school district of residence
shall authorize additional pupils to participate in the program
authorized by this article as current program participants leave or
graduate, provided that the total number of pupils does not exceed
the school district's 10-percent cap.
   (d) A school district of residence that has a negative status on
the most recent budget certification completed by the county
superintendent of schools in any fiscal year may limit the number of
pupils who transfer out of the district in that fiscal  year
  year,  and once the school district of residence
has received notification from a school district of choice or school
districts of choice that the number of pupils that the school
district of residence calculates to be equal to that limit have been
accepted into that school district of choice or those school
districts of choice,  the school district of residence  may,
by resolution in a public meeting of the governing board of the
school district of residence, restrict any further pupils from
transferring under this article for the upcoming school year.
   (e) Notwithstanding any prior or existing certification of a
school district of residence pursuant to Article 3 (commencing with
Section 42130) of Chapter 6 of Part 24, if a county superintendent of
schools determines that a school district of residence would not
meet the standards and criteria for fiscal stability specified in
Section 42131 for the subsequent fiscal year exclusively due to the
impact of pupil transfers pursuant to this article, the school
district of residence may limit the number of pupils who transfer
pursuant to this article in the upcoming school year to the number
that the county superintendent of schools identifies beyond which
would result in a qualified or negative certification in the
subsequent fiscal year exclusively as a result of transfers pursuant
to this article. Once the school district of residence has received
notification from a school district of choice or school districts of
choice that the number of pupils that the school district of
residence calculates to be equal to that limit have been accepted
into that school district of choice or those school districts of
choice, a school district of residence may, by resolution in a public
meeting of the governing board of the school district of residence,
restrict any further pupils from transferring under this article for
the upcoming school year.
   (f) A school district of residence, upon receiving notification of
a pupil's acceptance into the school district of choice, 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.
   (3) The racial and ethnic balance of the school district of
residence.
   (g) Notwithstanding any other provision of this article, a school
district of residence shall not prohibit the transfer of a pupil who
is a child of an active military duty parent.
   (h) A school district of residence shall not adopt policies that
in any way block or discourage pupils from applying for transfer to a
school district of choice.
   (i) Notwithstanding any other provision of this article, a pupil
attending a school district of choice or a pupil who received a
notice of acceptance into a school district of choice before the
resolution by the school district of residence to restrict further
transfers shall be permitted to attend the school district of choice.

  SEC. 4.  Section 48308 of the Education Code is amended to read:
   48308.  (a) (1) An application requesting a transfer pursuant to
this article shall be submitted by the parent of a pupil to the
school district of choice before January 1 of the school year
preceding the school year for which the pupil is requesting to be
transferred. This application deadline may be waived upon agreement
of the school district of residence of the pupil and the school
district of choice.
   (2) The application deadline specified in paragraph (1) does not
apply to an application requesting a transfer if the parent of the
pupil, with whom the pupil resides, is enlisted in the military and
was relocated by the military less than 90 days before submitting the
application.
   (b) The application may be submitted on a form provided for this
purpose by the department and may request enrollment of the pupil in
a specific school or program of the school district of choice.
   (c) (1) No later than February 15 of the school year preceding the
school year for which the pupil is requesting to be transferred, the
governing board of the school district of choice shall notify the
parent in writing whether the application has been provisionally
accepted or rejected or of the placement of the pupil on a waiting
list. Final acceptance or rejection shall be made by May 15 preceding
the school year for which the pupil is requesting to be transferred.

   (2) If the application is rejected, the governing board of the
school district of choice shall include in the written notification
to the parent the specific reason or reasons for that determination,
and shall ensure that the determination, and the specific reason or
reasons for the determination, are accurately recorded in the minutes
of the board meeting in which the determination was made.
   (3) If a pupil is accepted or provisionally accepted into a school
district of choice, the school district of choice shall notify the
school district of residence of the pupil no later than March 1 of
the school year preceding the school year for which the pupil is
requesting to be transferred.
   (4) (A) Notwithstanding paragraph (1), the governing board of a
school district of choice shall, not later than 90 days after receipt
of an application submitted according to paragraph (2) of
subdivision (a), make a final acceptance or rejection of that
application. A pupil may enroll in a school in the school district of
choice immediately upon his or her acceptance.
   (B) If an application submitted according to paragraph (2) of
subdivision (a) is submitted less than 90 days before the beginning
of the school year for which the pupil seeks to be transferred, the
governing board of the school district of choice shall accept or deny
the application before the commencement of the school year. A pupil
may enroll in a school in the school district of choice immediately
upon his or her acceptance.
   (d) Final acceptance of the transfer is applicable for one school
year and will be renewed automatically each year unless the school
district of choice through the adoption of a resolution elects to no
longer accept any transfer pupils pursuant to this article. However,
if a school district of choice elects to no longer accept pupils
under this article, high school pupils admitted under this article
may continue to attend the same school in the school district of
choice until they graduate from high school. 
  SEC. 5.    Section 48309.5 is added to the
Education Code, to read:
   48309.5.  (a) The parent of a pupil who is denied a transfer
pursuant to this article may appeal that decision to the county
superintendent of schools of the county in which the school district
issuing the denial is located. The county superintendent of schools
shall rely only on the provisions of this article and determine only
whether they were applied accurately.
   (b) A school district of choice may bring a complaint alleging a
violation of this article by a school district of residence to the
county superintendent of schools of the county in which the school
district of residence is located. The county superintendent of
schools shall rely only on the provisions of this article and
determine only whether they were applied accurately.
   (c) A school district of residence may bring a complaint alleging
a violation of this article by a school district of choice to the
county superintendent of schools of the county in which the school
district of choice is located. The county superintendent of schools
shall rely only on the provisions of this article and determine only
whether they were applied accurately.
   (d) Nothing in this section shall be interpreted to limit or
restrict any entity from seeking a judicial remedy for a violation of
this article. 
   SEC. 6.   SEC. 5.   Section 48312 of the
Education Code is amended to read:
   48312.   (a)    Each school district 
shall   may  make information regarding its
schools, programs, policies, and procedures available to any
interested person upon request.  A 
    (b)     A  school district of choice
shall  also  make public announcements regarding its
schools, programs, policies, and procedures during the enrollment
period.
   SEC. 7.   SEC. 6.   Section 48313 of the
Education Code is amended to read:
   48313.  (a) Pursuant to this article, each school district of
choice shall keep an accounting of all requests made for transfers
pursuant to this article and records of all disposition of those
requests that shall 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 transferred out of the school district of
choice pursuant to this article.
   (3) The number of pupils transferred into the school district of
choice 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 choice
at a regularly scheduled meeting of the governing board of the school
district of choice. No later than May 15th of each year, the school
district of choice shall report the information maintained pursuant
to subdivision (a) for the current school year in addition to
information regarding the district's status as a school district of
choice for the upcoming school year to each school district that is
geographically adjacent to the school district of choice, the county
office of education in which the school district of choice is
located, and the Superintendent in a manner consistent with
subdivision (d).
   (c) The Superintendent shall do all of the following:
   (1) Maintain  and periodically update  a list of
the school districts of choice in the state.  The
Superintendent shall take reasonable steps to verify the accuracy of
the list. 
   (2) Collect the information specified in subdivision (a) from each
school district of choice. The Superintendent shall ensure school
districts of choice provide this information in a complete 
and consistent  format. The Superintendent may provide a
template for school districts of choice to use and may issue guidance
regarding the procedures for collecting and reporting data.
   (3) Post the information collected under paragraphs (1) and (2) on
the Internet Web site of the department. The information shall be
accompanied by explanation of the transfers authorized by this
article. The Superintendent shall make this information available by
request to any school district.
   (4) Post a single list of all school choice programs, including,
but not limited to, school districts of choice, on the Internet Web
site of the department.
   (d) (1) The Superintendent may require 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 data in the manner that minimizes the
administrative burden for school districts and the state.
   (2) No later than 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 with a description of
the plan for collecting the data specified in subdivision (a).
   (e) The Superintendent annually shall 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 of choice option pursuant to this article.
   (2) Assessment scores of school districts of choice and school
districts of residence pursuant to subdivision (b) of Section 60640.
   (3) The graduation rates of school districts of residence and
school districts of choice.
   (4) The enrollment of school districts of residence and school
districts of choice for the previous five years.
   (5) The fiscal health of school districts of residence and school
districts of choice, 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) Whether a school district of residence has exceeded the
transfer limits specified in Section 48307.
   (7) Other information the Superintendent deems appropriate.
   SEC. 8.   SEC. 7.   Section 48314 of the
Education Code is amended to read:
   48314.  It is the intent of the Legislature that every parent in
this state be informed of their opportunity for currently existing
school district of choice options under this article regardless of
ethnicity, primary language, literacy, or special needs.
   SEC. 9.   SEC. 8.   Section 48315 of the
Education Code is amended to read:
   48315.  This article shall become inoperative on July 1, 2022,
and, as of January 1, 2023, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 2023,
deletes or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 10.   SEC. 9.   Section 48316 of
the Education Code is amended to read:
   48316.  The Legislative Analyst shall conduct, after consulting
with appropriate legislative staff, a comprehensive evaluation of the
interdistrict transfer program established pursuant to this article
and prepare recommendations regarding the extension of the program.
The evaluation shall incorporate the data described in Section 48313
and shall be completed and submitted, along with the recommendations
regarding extension, to the appropriate education policy committees
of the Legislature and to the Governor by January 31, 2020.
   SEC. 11.   SEC. 10.   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.