Today's Law As Amended


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SB-1432 School attendance: pupil transfer options: school districts of choice.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 48301 of the Education Code is amended to read:

48301.
 (a) (1) The governing board of a 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 shall accept all pupils who apply to transfer until the school district is at maximum capacity. The school district of choice shall ensure that pupils admitted under this article are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based upon his or her academic or athletic performance, physical condition, proficiency in English, family income, or  any of the individual characteristics set forth in Section 200, and, except for purposes of determining priority for pupils eligible for free or reduced-price meals pursuant to Section 48306, family income. 200. 
(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 or residential neighborhoods  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 the  timeline for a transfer pursuant to this article. This information  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.
(f) All communication from a the  school district of choice regarding the transfer opportunities under the program shall be available in all languages for which translations are required in the school district of residence pursuant to Section 48985.
(g) On or before July 1, 2018, 2017,  a school district of choice shall register as a school district of choice with both the Superintendent in a manner  through the California Longitudinal Pupil Achievement Data System or another system  specified by the Superintendent and with  the county board of education where the school district of choice is located.
(h) Commencing with the 2018–19 school year, a school  A school  district of choice shall not enroll pupils under this article until the school district has registered pursuant to subdivision (g).

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) A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance.
(b) A school district of residence with an average daily attendance of 50,000 or less may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period. attendance. 
(c) (1) 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 8 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 8-percent cap.
(2) A pupil who enrolls in a school district of choice before the 2018–19 school year may continue enrollment in the school district of choice without regard to whether the school district of residence has achieved the 8 percent cap for the current fiscal year. If a school district of residence calculates the percentage of pupils enrolled in all school districts of choice to be greater than 8 percent, no additional transfers shall begin until that percentage is below 8 percent.
(c) (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, 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.
(d) (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 additional pupil transfers pursuant to this article in that  year, the school district of residence may limit the number of additional  pupils who transfer in the upcoming school year  pursuant to this article up to the number that the county superintendent of schools identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article. in the upcoming school year. 
(e) (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, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.
(3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.
(f) (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.
(g) (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.
(h) (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 restricted further transfers pursuant to subdivision (c) or (d)  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 pupil,  with whom the pupil resides 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. The governing board of the school district of choice may fill vacancies from the waiting list until May 1 preceding the school year for which the pupil is requesting to be transferred. No pupils shall be accepted at a school district of choice after May 1 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 that the number of pupils applying to transfer exceeded the capacity of the school district of choice and that the pupil was not selected during the random drawing. The determination shall be 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 February 15 March 1  of the school year preceding the school year for which the pupil is requesting to be transferred. On or before February 15, the school district of choice shall provide the school district of residence the number of pupils accepted, by school and grade level, by the school district of choice. On or before May 2, the school district of choice shall provide the school district of residence with the final number of pupils enrolled, by school, in the school district of choice, the grade levels of the pupils, and the names of the pupils. 
(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 board of education of the county in which the school district issuing the denial is located.
(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 board of education of the county in which the school district of residence is located.
(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 board of education of the county in which the school district of choice is located.
(d) In considering an appeal or a complaint brought pursuant to this section, a county board of education shall consider only the provisions of this article and determine only whether the provisions were applied accurately.
(e) 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.

 Section 48311 of the Education Code is amended to read:

48311.
 (a)  Upon request of the pupil’s parent,  parent or guardian,  each school district of choice that admits a pupil under this article section  to any school or program of the school district may provide to the pupil transportation assistance to that school or program, to the extent that the school district otherwise provides transportation assistance to pupils. free transportation assistance. 
(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 7.

 Section 48311 is added to the Education Code, to read:

48311.
 (a) Upon request of the pupil’s parent or guardian, a school district of choice shall provide free transportation assistance to the school or program to a pupil who is eligible for free or reduced-price meals and has transferred to a school district of choice.
(b) A school district of choice shall provide transportation assistance to pupils pursuant to subdivision (a) who live at least two, but not more than 10, miles from the school district boundary.
(c) (1) A school district may request a waiver from the state board from the requirement in subdivision (a) if the average cost of transporting eligible pupils pursuant to subdivision (a) exceeds one-half of the average supplemental grant received per eligible pupil. To be eligible for the waiver, the school district of choice shall provide documentation that it is unable to transport pupils pursuant to subdivision (a) for less than one-half of the average supplemental grant per eligible pupil.
(2) For purposes of this subdivision, “supplemental grant” means a grant received pursuant to subdivision (e) of Section 42238.03.
(d) A school district of choice may provide transportation assistance to any pupil admitted under this article.
(e) A school district of choice shall not charge any fees for transportation required by this section.
(f) This section shall become operative on July 1, 2019.

SEC. 5.SEC. 8.

 Section 48312 of the Education Code is amended to read:

48312.
 (a) Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request.
(b) A school district of choice shall make public announcements regarding its schools, programs, policies, and procedures, including transportation options pursuant to Section 48311, if applicable,  procedures  during the enrollment period.

SEC. 6.SEC. 9.

 Section 48313 of the Education Code is amended to read:

48313.
 (a) (1)  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:
(A) (1)  The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.
(B) (2)  The number of pupils transferred out of the school district of choice pursuant to this article.
(C) (3)  The number of pupils transferred into the school district of choice pursuant to this article.
(D) (4)  The race, ethnicity, gender, self-reported socioeconomic status, eligibility for free or reduced-price meals, and the school district of residence of each of the pupils described in subparagraphs (B) paragraphs (2)  and (C). (3). 
(E) (5)  The number of pupils described in subparagraphs (B) paragraphs (2)  and (C) (3)  who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.
(2) If the school district of choice provides transportation to pupils pursuant to Section 48311, the school district of choice shall keep an accounting of the number of pupils as described in subparagraphs (D) and (E) of paragraph (1) transported pursuant to Section 48311 and the total number of pupils transported under this article.
(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. By no  No  later than October 15 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 school  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, to  the county office of education in which the school district of choice is located, and,  and the Superintendent  in a manner specified by the Superintendent, to the Superintendent. consistent with subdivision (e). 
(c) A school district of choice shall not enroll a pupil under this article if the school district does not report all the data required pursuant to subdivision (b).
(d) The Superintendent shall do all of the following:
(1) Maintain a list of the school districts of choice in the state.
(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 format and shall not create a new field in the California Longitudinal Pupil Achievement Data System for this purpose.  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 department’s internet website. 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 upon 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 department’s internet website. Internet Web site of the department. 
(e) (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 a the  manner that minimizes the administrative burden on 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).
(f) The Superintendent annually shall make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Department of Finance,  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) The number of pupils described in subparagraphs (D) and (E) of paragraph (1) of subdivision (a) transported  On and after July 1, 2019, the average cost per pupil for transporting pupils admitted  under this article pursuant to subdivision (a) of  Section 48311.
(8) Other information the Superintendent deems appropriate.

SEC. 7.SEC. 10.

 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 his or her  their  opportunity for currently existing school district of choice options under this article regardless of ethnicity, primary language, literacy, or special needs.

SEC. 8.SEC. 11.

 Section 48315 of the Education Code is amended to read:

48315.
 This article shall become inoperative on July 1, 2028, 2022,  and, as of January 1, 2029, is  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. 9.SEC. 12.

 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 of the program  and recommendations for regarding implementation of the program  improvements for the transportation requirement  to ensure equal  access to the program for all low-income  pupils, to the appropriate education policy committees of the Legislature and to the Department of Finance by September 30, 2026. Governor by January 31, 2020. 
SEC. 13.
 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.