Bill Text: CA SB266 | 2009-2010 | Regular Session | Amended

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Bill Title: Public schools: open enrollment.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB266 Detail]

Download: California-2009-SB266-Amended.html

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BILL NUMBER: SB 266	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2009

INTRODUCED BY    Senator   Huff 
 Senators   Huff   and Romero 
    (   Coauthor:   Senator  Alquist
  ) 

                        FEBRUARY 24, 2009

   An act to add and 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 public schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 266, as amended, Huff. Public schools: open enrollment.
   (1) Existing law requires each person between the ages of 6 and 18
years not otherwise exempted to attend the public full-time day
school or continuation school or classes in the school district in
which his or her parent or guardian is a resident. Existing law
authorizes the governing board of a school district to adopt a
resolution to become a school district of choice, as defined, and
accept interdistrict pupil transfers.
   This bill would enact the Open Enrollment Act to enable pupils
residing in the state to attend public schools in school districts
other than the ones in which they reside   their
school district of residence, as defined  . The bill would
 require the State Board of Education to promulgate an
enrollment options program in which   authorize 
the parent or guardian  of a pupil  wishing
  enrolled in a low-   performing school, as
defined, to submit an application for the pupil  to attend a
school in a  nonresident school district would submit an
application for a particular school year to the nonresident school
district on a form provided by, and on or before a deadline
established by, the state board   school district of
enrollment, as defined  . The bill would  require
  authorize  a school district  of enrollment
 to adopt specific, written standards for acceptance and
rejection of applications for enrollment  , subject to specified
conditions and a specified priority scheme for applicants  .
Within 60 days of receiving an application for enrollment, the bill
would require a  nonresident  school district 
of enrollment  to notify the applicant parent  or guardian
 and the resident school district in writing whether the
application has been accepted or rejected and state in the
notification the reasons for the rejection. The bill would require
that the average daily attendance for pupils enrolled in a 
nonresident  school district  of enrollment  ,
pursuant to the bill, be credited to the  nonresident
 school district  of enrollment  pursuant to a
specified statute.  These provisions would become operative
at the beginning of the 2010-11 school year, become  
The bill would require the State Board of Education to adopt
regulations to implement these provisions. The bill would make these
provisions operative on July 1, 2010, make them  inoperative on
July 1, 2020, and  would be repealed   repeal
them  on January 1, 2021.
   By requiring school districts to enroll  and provide
services to  nonresident pupils  and perform other new
duties  , this bill would impose a state-mandated local program.

   (2) 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.  Article 10 (commencing with Section 48350) is added to
Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code,
to read:

      Article 10.  Open Enrollment Act


   48350.  This article shall be known, and may be cited, as the Open
Enrollment Act.
   48351.  The purpose of this article is to improve educational
achievement and to enhance  the opportunity for 
parental choice in education by providing additional options to
pupils  in the state to enroll in public schools in school
districts throughout the state without regard to pupil residence.
  to enroll in public schools throughout the state
without regard to the residence of their parents. 
   48352.  For purposes of this article, the following definitions
apply: 
   (a) "School" means a school that is operated by a school district
and that provides elementary or secondary education in accordance
with state law.  
   (a) "Low-performing school" means a public school that is ranked
in any of deciles 1 to 3, inclusive, of the Academic Performance
Index and identified by the Superintendent pursuant to Section
52055.605. 
   (b) "Parent" means the natural or adoptive parent or guardian of a
dependent child. 
   (c) "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.  
   (d) "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. 

   48353.  The state board shall promulgate an enrollment options
program to enable pupils residing in the state to attend public
schools in school districts other than the ones in which they reside.
 
   48354.  (a) The parent of a pupil wishing to attend a school in a
nonresident school district shall submit an application for a
particular school year to the nonresident school district on a form
provided by, and on or before a deadline established by, the state
board. The parent may request a particular school within the
nonresident school district.
   (b) The nonresident school district may waive the deadline
established by the state board pursuant to subdivision (a). 

   48355.  A school district under a court order regarding
desegregation shall ensure compliance with desegregation plans.
 
   48353.  The state board shall adopt regulations to implement this
article.  
   48354.  (a) The parent of a pupil enrolled in a low-performing
school may submit an application for the pupil to attend a school in
a school district of enrollment pursuant to this article.
   (b) (1) No later than September 1 of the school year immediately
following a school year in which a school is deemed to be a
low-performing school, the school district that administers that
school shall notify the parent of each pupil enrolled in the school
of the opportunity for the pupil to transfer to a school district of
enrollment pursuant to this article. The notification pursuant to
this paragraph shall inform parents of an Internet Web site or other
source that includes detailed information regarding how to apply for
a transfer pursuant to this article.
   (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 prior to 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 prior to 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 immediately upon 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 prior to accepting transfer applications pursuant to this
article.  
   48355.  (a) The school district of residence of a pupil or a
school district of enrollment to which a pupil has applied to attend
may prohibit the transfer of the pupil pursuant to this article or
limit the number of pupils who transfer pursuant to this article if
the governing board of the district determines that the transfer
would negatively impact either of the following:
   (1) A court-ordered desegregation plan of the district.
   (2) The racial and ethnic balance of the district.
   (b) A school district of residence shall not adopt policies that
in any way prevent or discourage pupils from applying for a transfer
to a school district of enrollment. 
   48356.  (a) A school district  shall   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, or school building. 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, sex, national origin, or race.
   (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  nonresident school district, a nonresident
  school district of enrollment, a resident  pupil
who is enrolled in one of the district's schools pursuant to this
article shall  only   not  be required to
submit a renewed application in order to remain enrolled  if
one of the following occurs:   .  
   (1) The pupil graduates.  
   (2) The pupil is no longer a California resident. 

   (3) The pupil is expelled from school.  
   (4) The nonresident school district determines that resident
enrollment within the school will exceed the capacity of a program,
class, grade level, or school building of the school. 

   (d) The determination of which nonresident pupils to exclude from
continued enrollment in a nonresident school district during a
subsequent year shall be based upon the length of time a pupil is
enrolled in the school in question, with pupils enrolled most
recently excluded first, and the use of a lottery system when
multiple nonresident pupils have been enrolled for the same number of
schooldays in the school.  
   (d) A school district of enrollment shall ensure that pupils
enrolled pursuant to standards adopted pursuant to this section 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, 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 low-performing
school ranked in decile 1 on the Academic Performance Index. 

   (3) Third priority for pupils transferring from a low -performing
school ranked in decile 2 on the Academic Performance Index. 

   (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. 
   48357.  Within 60 days of receiving an application pursuant to
Section 48354, a  nonresident school district  
school district of enrollment  shall notify the applicant parent
and the  resident school district   school
district of residence  in writing whether the application has
been accepted or rejected. If an application is rejected, the
 nonresident school district   school district
of enrollment  shall state in the notification the reasons for
the rejection.
   48358.  A  nonresident school district  
school district of enrollment  that enrolls a pupil pursuant to
this article shall accept credits toward graduation that were awarded
to the pupil by another school district and shall graduate the pupil
if the pupil meets the graduation requirements of the 
nonresident school district   school district of
enrollment  .
   48359.  (a) The average daily attendance for pupils enrolled in a
 nonresident school district   school district
of enrollment  pursuant to this article shall be credited to
 the nonresident   that  school district
pursuant to Section 46607. The attendance report of the 
nonresident school district  school district of
enrollment  may include an identification of the school district
of residence for pupils enrolled pursuant to this article.
   (b) Notwithstanding any other provision of law, state aid for
categorical education programs for pupils enrolled in a 
nonresident school district   school district of
enrollment  pursuant to this article shall be apportioned to the
 nonresident school district. 
    (c)     For a
nonresident school district that is a basic aid school  
school district of enrollment. For a scho   ol district of
enrollment that is a basic aid school  district, the 
Superintendent shall calculate an  apportionment of state
funds  that provides   for any average daily
attendance credited pursuant to this article shall be  70
percent of the district revenue limit  calculated pursuant to
Section 42238  that would have been apportioned to the
school district of residence  for any average daily
attendance credited pursuant to this section  . For purposes
of this subdivision, the term "basic aid school district" means a
school district that does not receive an apportionment of state funds
pursuant to subdivision (h) of Section 42238 for any fiscal year in
which this subdivision may apply. 
   (d) The State Allocation Board shall develop procedures to ensure
that the average daily attendance of pupils admitted by a nonresident
school district pursuant to this article shall be credited to that
school district for purposes of a determination under Article 2
(commencing with Section 17010) of Chapter 12 of Part 10 of Division
1 of Title 1 that utilizes an average daily attendance calculation.

   48360.  (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.
   (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.
   48361.  This article shall become operative  at the
beginning of the 2010-11 school year   on July 1, 2010
 .
   48362.  This article shall become inoperative on July 1, 2020,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 2.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.