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AB-1279 Open Enrollment Act.(2013-2014)

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AB1279:v97#DOCUMENT

Amended  IN  Assembly  January 06, 2014
Amended  IN  Assembly  March 21, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 1279


Introduced by Assembly Member Conway
(Coauthors: Assembly Members Bigelow, Beth Gaines, Gorell, Grove, Harkey, Jones, Morrell, and Wilk)

February 22, 2013


An act to amend Sections 48352, 48354, and 48356 of the Education Code, relating to school enrollment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1279, as amended, Conway. Open Enrollment Act: expansion to all school districts of residence. Act.
Existing 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 of enrollment, as defined, as specified.
This bill would expand the act to authorize the parent of a pupil enrolled in a school district of residence, as defined, to submit an application for the pupil to attend a school in a school district other than their school district of residence.
The Open Enrollment Act requires a school district of enrollment to ensure that pupils enrolled pursuant to the act 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, except that pupils applying for transfer are required to be assigned specified priorities for approval.
This bill would add a third priority for approval for pupils transferring from a school ranked in decile 2 on the Academic Performance Index.
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.
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   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.
 For purposes of this article, the following definitions apply:
(a) “Parent” means the natural or adoptive parent or guardian of a dependent child.
(b) “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.
(c) “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.

SEC. 2.

 Section 48354 of the Education Code is amended to read:

48354.
 (a) The parent of a pupil enrolled in a school district of residence 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 school in the district 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 the pupil’s 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.

SEC. 3.

 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 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.
(3) Third priority for pupils transferring from a school ranked in decile 2 on the Academic Performance Index.
(4) 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) to (3), inclusive, 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.

SEC. 4.

  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.