CHAPTER
1. Opportunity Scholarships
47000.
It is the intent of the Legislature to establish a system of school choice demonstration projects in school districts where schools fail over time to make adequate progress in meeting the state academic content standards as measured by statewide achievement tests. For schools to be held accountable to the state standards, sanctions must be implemented that impact on those responsible for the poor test performance of pupils. Giving pupils at low-performing schools opportunity scholarships to attend competing private institutions achieves the dual purpose of giving pupils an opportunity to receive a higher quality education and sanction low-performing public school districts by reducing their per-pupil funding according to the number of pupils who decide to take advantage of the scholarships. This sanction gives incentives to school districts to hold themselves accountable to the state standards and to improve the achievement of pupils.47001.
The Legislature finds and declares all of the following:(a) That parents and guardians have the right to have their children attend schools that are successful in teaching reading, writing, and mathematics.
(b) That the process of reforming the state’s education system will not immediately solve the problem confronting pupils who are trapped in schools that are currently failing to fulfill their basic educational mission of teaching reading, writing, and mathematics.
(c) That allowing pupils to transfer to an alternative school is complimentary with education reform efforts and is designed to provide an opportunity for quality education to pupils currently enrolled in poorly performing schools.
(d) That compelling pupils to attend low-achieving schools greatly weakens the ability of those pupils to become lifelong learners and productive citizens of California.
(e) That many pupils are trapped in low-achieving public schools because they are not able to transfer to other public schools or they lack the financial means to attend a private school.
(f) That pupils and parents can be trusted to consider all options and select a school which is most appropriate for the educational needs of each pupil.
47001.5.
It is the intent of the Legislature to accomplish all of the following:(a) To create alternatives for pupils enrolled in low-achieving public schools by removing administrative and financial barriers to children obtaining a better education.
(b) To allow pupils who attend low-achieving schools to be eligible for alternative enrollment opportunities, provided through the awarding of an opportunity scholarship to eligible pupils which allows that pupil the right to transfer to another school in the same district, to another school in another district, or to a private school.
(c) To establish a five-year demonstration project to provide the opportunity scholarship’s transfer rights to an eligible pupil from the year that eligibility is determined until the pupil completes the 12th grade in order to provide the eligible pupil educational stability and continuity.
(d) To allow pupils to redirect funds, which the state has been spending on their behalf at low-achieving schools that are not fulfilling their basic mission, to schools of their choice where they will be able to purchase a quality education.
(e) In providing the opportunity for a pupil to transfer to another school, to allow parents and pupils to decide where to attend school and not to encourage or discourage the choice of any particular type of school.
47002.
On or before January 1, 2001, and each January 1 through January 1, 2005, the State Board of Education shall identify each low-achieving elementary school in the state, and each low-achieving high school in the state. A low-achieving elementary school for purposes of this section is an elementary school that scores in the 20th percentile or lower on achievement tests administered to elementary pupils, and in the subsequent year the elementary school either does not retest or does not score greater than the 20th percentile on the achievement tests. A low-achieving high school for purposes of this section is a high school that scores in the 20th percentile or lower on achievement tests administered to high school pupils, and in the subsequent year the high school either does not retest or does not score greater than the 20th percentile on the achievement tests.
For purposes of this chapter, “achievement tests” mean achievement tests that meet the criteria necessary for the school district to receive incentive funding pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. The State Board of Education shall use scores from the 1998–99 and 1999–2000 school years to identify low-achieving schools for the first year of operation of this chapter.
47003.
(a) Parents or guardians of a pupil in a low-achieving school shall be eligible to receive an opportunity scholarship that, notwithstanding any other provision of law, entitles the pupil to transfer to another public school in their school district, a school in another school district, or a participating private school, as defined in subdivision (a) of Section 47006.(b) For each opportunity scholarship recipient transferring to a public school in the same school district, the county office of education of the school district of residence shall provide the parent or guardian of the pupil with an opportunity scholarship, that shall be credit for the pupil for purposes of average daily attendance calculations pursuant to Section 41601.
(c) For each opportunity scholarship recipient transferring to a public school in another school district, the county office of education of the school district of residence shall provide the parent or guardian of the pupil with an opportunity scholarship, that shall be credit for the pupil for purposes of average daily attendance calculations pursuant to Section 41601.
(d) For each opportunity scholarship recipient transferring to a participating private school, the county office of education of the school district of residence shall provide the parent or guardian of the pupil with an opportunity scholarship, that shall be redeemable for an amount which is the lesser of the actual tuition or fees charged by the participating private school, or 90 percent of the revenue limit per unit of average daily attendance, determined pursuant to Section 42238 for the then-current school year, that either applies to the resident low-achieiving school or applies to the subsequent school that the eligible pupil would have attended in the then-current school year if he or she had remained enrolled in the resident district.
47004.
(a) After a pupil’s parent or guardian designates the school to which the pupil will transfer, the county office of education of the school district of residence shall transfer the pupil’s opportunity scholarship on the pupil’s behalf, as follows:(1) The opportunity scholarships of pupils who transfer to a public school in their school district or a public school in another school district shall be transferred to the new school, upon proof of enrollment in the new school.
(2) The opportunity scholarships of pupils who transfer to participating private schools shall be disbursed to the school on the pupil’s behalf, upon proof of enrollment, in four equal apportionments to be made in September, November, February, and May. The new school shall credit the pupil’s tuition account by the amount of the opportunity scholarship.
(b) If tuition fees at a participating private school exceed the amount of the pupil’s opportunity scholarship, the parent or guardian of the pupil shall be responsible for paying the difference.
47005.
(a) A pupil who transfers from a low-achieving school under the opportunity scholarship program shall have the right to an opportunity scholarship, allowing them to remain in an alternative school district or a participating private school, through the completion of high school.(b) In the event that a pupil transfers out of an alternative school district during a school year, the opportunity scholarship shall be prorated with the alternative school district receiving credit from the county office of education only for the actual period during which the pupil was using the opportunity scholarship in the district, as indicated by enrollment.
(c) In the event that a pupil transfers out of a participating private school during a school year, the opportunity scholarship shall be prorated with that participating private school receiving apportionments from the county office of education only for the actual period during which the pupil was using the opportunity scholarship at the school, as indicated by enrollment.
(d) Opportunity scholarships are property of the eligible pupil, and not of the school in which they subsequently enroll. The value of the opportunity scholarship shall not constitute taxable income for state personal income taxation purposes to the parent or guardian of the pupil who used the opportunity scholarship to transfer schools.
47006.
(a) A private school shall qualify as a participating private school for the purposes of opportunity scholarships, if it meets the following requirements:(1) The private school meets all of the requirements imposed upon private schools as of January 1, 2000, in this code.
(2) The private school does not discriminate on the basis of race, ethnicity, color, or national origin.
(3) The private school does not advocate unlawful behavior, or teach hatred of any person or group on the basis of race, ethnicity, color, national origin, religion, or gender.
(4) The private school prohibits individuals convicted of (A) any felony, (B) any offense involving lewd or lascivious conduct, or (C) any offense involving molestation or other abuse of a child, from being employed by the school.
(5) The private school does not deliberately provide false or misleading information relating to the private school.
(b) Each private school that redeems opportunity scholarships shall be subject to reasonable disclosure requirements, including the disclosure of test scores.
47007.
Participating private schools that redeem opportunity scholarships may establish admissions criteria and may select pupils for enrollment, as long as the private school is consistent with the requirements of the United States Constitution and the Constitution of the State of California.47008.
(a) Each respective county office of education shall administer this chapter by being responsible for the following tasks:(1) Providing notice to parents and guardians of pupils in low-achieving schools of their rights under this chapter.
(2) Maintaining records of achievement tests and space available by grade level for public and participating private schools within the county.
(3) Complying with average daily attendance transfers, pursuant to Section 47003.
(4) Transferring funds from a school district of a low-achieving school to a private school that redeems opportunity scholarships pursuant to Section 47004.
(5) Providing information to parents and guardians of pupils in low-achieving schools about schools available for receiving transferred pupils and transportation arrangements including public transit and carpools.
(6) Notifying the Superintendent of Public Instruction of the total number of units of average daily attendance within that county office of education’s jurisdiction that has been transferred pursuant to the provisions of this chapter. The notification shall separately indicate the number of transfers to other public schools and the number of transfers to private schools.
(b) Apportionments generated by pupils who receive opportunity scholarships pursuant to subdivision (d) of Section 47002, shall not be counted toward the state’s minimum funding obligation calculated pursuant to paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution.
47009.
The State Board of Education shall adopt rules and regulations to implement this chapter.