BILL NUMBER: SB 266 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Huff
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 introduced, 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. The bill would require the
State Board of Education to promulgate an enrollment options program
in which the parent of a pupil wishing 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. The bill would require a school district to adopt specific,
written standards for acceptance and rejection of applications for
enrollment. Within 60 days of receiving an application for
enrollment, the bill would require a nonresident school district to
notify the applicant parent 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, pursuant to the bill, be credited
to the nonresident school district pursuant to a specified statute.
These provisions would become operative at the beginning of the
2010-11 school year, become inoperative on July 1, 2020, and would be
repealed on January 1, 2021.
By requiring school districts to enroll and provide services to
nonresident pupils, 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.
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.
(b) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
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.
48356. (a) A school district shall 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 pupil who is
enrolled in one of the district's schools pursuant to this article
shall only 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.
48357. Within 60 days of receiving an application pursuant to
Section 48354, a nonresident school district shall notify the
applicant parent and the resident school district in writing whether
the application has been accepted or rejected. If an application is
rejected, the nonresident school district shall state in the
notification the reasons for the rejection.
48358. A nonresident school district 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.
48359. (a) The average daily attendance for pupils enrolled in a
nonresident school district pursuant to this article shall be
credited to the nonresident school district pursuant to Section
46607. The attendance report of the nonresident school district 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 pursuant to this article shall be apportioned to the
nonresident school district.
(c) For a nonresident school district that is a basic aid school
district, the Superintendent shall calculate an apportionment of
state funds that provides 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.
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.