BILL NUMBER: SBX5 4 CHAPTERED
BILL TEXT
CHAPTER 3
FILED WITH SECRETARY OF STATE JANUARY 7, 2010
APPROVED BY GOVERNOR JANUARY 7, 2010
PASSED THE SENATE JANUARY 6, 2010
PASSED THE ASSEMBLY JANUARY 5, 2010
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN SENATE DECEMBER 17, 2009
INTRODUCED BY Senators Romero, Huff, Alquist, and Wyland
DECEMBER 15, 2009
An act to add Article 10 (commencing with Section 48350) to
Chapter 2 of Part 27 of Division 4 of Title 2 of, and to add Article
3 (commencing with Section 53300) to Chapter 18 of Part 28 of
Division 4 of Title 2 of, the Education Code, relating to public
schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, Romero. Public schools: Race to the Top.
(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 2 school districts to enter into an agreement that allows
pupils to transfer between the 2 districts.
This bill would establish the Open Enrollment Act to enable pupils
residing in the state to attend public schools in school districts
other than their school district of residence, as defined. The bill
would authorize the parent or guardian 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 of enrollment, as
defined. The bill would authorize a school district of enrollment, as
defined, 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 school district of enrollment to notify the applicant
parent or guardian and the school district of residence, as defined,
in writing whether the application has been accepted or rejected and,
if an application is rejected, state in the notification the reasons
for the rejection. The bill would require the State Board of
Education to adopt emergency regulations to implement these
provisions. The bill would require the Superintendent to contract for
an independent evaluation of the program using federal funds
appropriated for that purpose and to provide a final evaluation
report to the Legislature, the Governor, and the state board on or
before October 1, 2014.
By requiring school districts to perform additional duties
regarding the enrollment of nonresident pupils, this bill would
impose a state-mandated local program.
(2) The federal American Recovery and Reinvestment Act of 2009
(ARRA), provides $4.3 billion for the State Incentive Grant Fund
(Race to the Top Fund), which is a competitive grant program designed
to encourage and reward states that are implementing specified
educational objectives. The ARRA requires a governor to apply on
behalf of a state seeking a Race to the Top grant, and requires the
application to include specified information. The United States
Secretary of Education has issued regulations and guidelines
regarding state eligibility under the Race to the Top program.
This bill would require a local educational agency to implement
one of several specified reforms for any other school which, after
one full school year, is subject to corrective action pursuant to a
specified provision of federal law and continues to fail to make
adequate yearly progress, and have an Academic Performance Index
score of less than 800, and where at least1/2 of the parents or legal
guardians of pupils attending the school, or a combination of at
least1/2 of the parents or legal guardians of pupils attending the
school and the elementary or middle schools that normally matriculate
into a middle or high school, as applicable, sign a petition
requesting the local educational agency to implement one of the
alternative governance arrangements, unless the local educational
agency makes a finding in writing why it cannot implement the
recommended arrangement and instead designates in writing which of
the other alternative governance arrangements it will implement in
the subsequent school year. The bill would require the local
educational agency to notify the Superintendent and the state board
if it decides to implement a different alternative governance option.
The bill would limit this procedure to no more than 75 schools.
(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.
(4) The bill would provide that it would become operative only if
SB 1 of the 5th Extraordinary Session is also enacted and becomes
operative.
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 pupil
achievement, in accordance with the regulations and guidelines for
the federal Race to the Top Fund, authorized under the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
and to enhance parental choice in education by providing additional
options to pupils 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) "Low-achieving school" means any school identified by the
Superintendent pursuant to the following:
(1) Excluding the schools, and taking into account the impact of
the criteria in paragraph (2), 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.
(2) In constructing the list of 1,000 schools each year, the
Superintendent shall ensure each of the following:
(A) 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.
(B) Court, community, or community day schools shall not be
included on the list.
(C) Charter schools shall not be included on the list.
(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 adopt emergency regulations to
implement this article.
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 district of residence shall provide the
parents and guardians of all pupils enrolled in a school determined
in 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 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 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 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 or voluntary desegregation plan of the
district.
(2) The racial and ethnic balance of the district, provided that
any policy adopted pursuant to this paragraph is consistent with
federal and state law.
(b) A school district of residence shall not adopt any other
policies that in any way prevent or discourage pupils from applying
for a transfer to a school district of enrollment.
(c) Communications to parents or guardians by districts regarding
the open enrollment options provided by this article shall be
factually accurate and not target individual parents or guardians or
residential neighborhoods on the basis of a child's actual or
perceived academic or athletic performance or any other personal
characteristic.
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 resident pupil who is
enrolled in one of the 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 determined pursuant to 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.
48357. Within 60 days of receiving an application pursuant to
Section 48354, a school district of enrollment shall notify the
applicant parent and the school district of residence in writing
whether the application has been accepted or rejected. If an
application is rejected, the school district of enrollment shall
state in the notification the reasons for the rejection.
48358. A 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 school district of enrollment.
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.
48359.5. For a school district of enrollment that is a basic aid
district, the apportionment of state funds for any average daily
attendance credited pursuant to this article shall be 70 percent of
the district revenue limit that would have been apportioned to the
school district of residence. Apportionment of these funds shall
begin in the second consecutive year of enrollment, and continue
annually until the pupil graduates from, or is no longer enrolled in,
the school district of enrollment. For purposes of this section,
"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.
48360. (a) From federal funds appropriated for this purpose, the
Superintendent shall contract for an independent 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 Superintendent shall provide a final evaluation report to
the Legislature, Governor, and state board on or before October 1,
2014.
48361. No exercise of discretion by a district of enrollment in
its administration of this article shall be overturned absent a
finding as designated by a court of competent jurisdiction that the
district governing board acted in an arbitrary and capricious manner.
SEC. 2. Article 3 (commencing with Section 53300) is added to
Chapter 18 of Part 28 of Division 4 of Title 2 of the Education Code,
to read:
Article 3. Parent Empowerment
53300. For any school not identified as a persistently
lowest-achieving school under Section 53201 which, after one full
school year, is subject to corrective action pursuant to paragraph
(7) of Section 1116(b) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.) and continues to fail to
make adequate yearly progress, and has an Academic Performance Index
score of less than 800, and where at least one-half of the parents or
legal guardians of pupils attending the school, or a combination of
at least one-half of the parents or legal guardians of pupils
attending the school and the elementary or middle schools that
normally matriculate into a middle or high school, as applicable,
sign a petition requesting the local educational agency to implement
one or more of the four interventions identified pursuant to
paragraphs (1) to (4), inclusive of subdivision (a) of Section 53202
or the federally mandated alternative governance arrangement pursuant
to Section 1116(b)(8)(B)(v) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.), the local educational
agency shall implement the option requested by the parents unless, in
a regularly scheduled public hearing, the local educational agency
makes a finding in writing stating the reason it cannot implement the
specific recommended option and instead designates in writing which
of the other options described in this section it will implement in
the subsequent school year consistent with requirements specified in
federal regulations and guidelines for schools subject to
restructuring under Section 1116(b)(8) of the federal Elementary and
Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) and regulations
and guidelines for the four interventions.
53301. (a) The local educational agency shall notify the
Superintendent and the state board upon receipt of a petition under
Section 53300 and upon its final disposition of that petition.
(b) If the local educational agency indicates in writing that it
will implement in the upcoming school year a different alternative
governance arrangement than requested by the parents, the local
educational agency shall notify the Superintendent and the state
board that the alternative governance option selected has substantial
promise of enabling the school to make adequate yearly progress as
defined in the federally mandated state plan under Section 1111(b)(2)
of the federal Elementary and Secondary Education Act (20 U.S.C.
Sec. 6301 et seq.).
53302. No more than 75 schools shall be subject to a petition
authorized by this article.
(b) A petition shall be counted toward this limit upon the
Superintendent and state board receiving notice from the local
educational agency of its final disposition of the petition.
53303. A local educational agency shall not be required to
implement the option requested by the parent petition if the request
is for reasons other than improving academic achievement or pupil
safety.
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.
SEC. 4. This act shall become operative only if Senate Bill 1 of
the Fifth Extraordinary Session of 2009-10 is also enacted and
becomes operative.