BILL NUMBER: AB 47	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 30, 2011
	AMENDED IN SENATE  JULY 7, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Members Huffman and Brownley
   (Coauthors: Assembly Members Carter, Eng,  V. Manu el Pérez,
 and Swanson)
   (Coauthor: Senator Hernandez)

                        DECEMBER 6, 2010

   An act to amend Sections 48352  , 48356, and 48359 of
  and 48356 of  the Education Code, relating to
school enrollment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 47, as amended, Huffman. Schools: open enrollment.
   Existing law, the Open Enrollment Act, allows the parent of a
pupil enrolled in a low-achieving school to submit an application for
the pupil to attend school in a school district other than the
school district in which the parent of the pupil resides, but in
which the parent nevertheless intends to enroll the pupil. Existing
law defines a low-achieving school, for purposes of these provisions,
as a school identified by the Superintendent of Public Instruction
by inclusion on a list of 1,000 schools ranked by increasing Academic
Performance Index (API) score. Existing law provides that no local
educational agency may have more than 10% of its schools on the list
and that specified types of schools, including charter schools, may
not be included on the list.
   This bill would instead provide that the list created by the
Superintendent to define low-achieving schools may include up to
1,000 schools, that a local educational agency shall not have more
than 10% of its schools on the list, calculated as specified, and
that county offices of education operating a special education
program and state special schools not be included on the list. The
bill would also provide that a school shall only be identified as a
low-achieving school if it is identified on the list for 2
consecutive years and would delete the provision excluding charter
schools from inclusion on the list.
   Existing law requires a school district of enrollment to conduct a
lottery to select pupils at random if the number of pupils who
request a particular school exceeds the number of spaces available at
that school.
   This bill would provide that a school district of enrollment shall
not reject the transfer of an individual with exceptional needs or
an English learner if he or she is randomly selected through the
lottery. 
   Existing law encourages school districts to keep specified records
relating to alternative attendance pursuant to the Open Enrollment
Act.  
   This bill would require school districts to keep those records and
to report the information contained therein to adjacent school
districts, the county office of education, and the Superintendent, as
specified. The bill would also require the Superintendent to
biennially report the information to the Legislature and the
Governor.  
   Because this bill would require school districts to perform
additional duties, 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.
State-mandated local program:  yes   no  .


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) "Low-achieving school" means any school identified by the
Superintendent pursuant to the following:
   (1) The Superintendent annually shall create a list of up to 1,000
schools ranked by increasing Academic Performance Index (API) score,
comprised of 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 up to 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. To calculate the maximum number of
schools that a local educational agency may have on the list, the
Superintendent shall divide the number of schools in the local
educational agency by 10. If the resulting ratio is not a whole
number, the Superintendent shall round that ratio up to the next
whole number. This rounded whole number is the maximum number of
schools in the local educational agency that may be identified on the
list.
   (B) A school shall not be included on the list if either of the
following conditions exist:
   (i) The school has an API score of 700 or above.
   (ii) The school has prior year API growth of 50 points or more.
   (C) Court, community, community day schools, county offices of
education operating a special education program, and state special
schools shall not be included on the list.
   (3) A school shall only be identified as a low-achieving school
for purposes of this article if the school is identified on the list
for two consecutive years.
   (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.
  SEC. 2.  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 school 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. A school district of enrollment shall
not reject the transfer of an individual with exceptional needs, as
defined in Section 56026, or an English learner if he or she is
randomly selected through a lottery.
   (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. 3.    Section 48359 of the Education Code is
amended to read:
   48359.  (a) Each school district shall keep an accounting of all
requests made for alternative attendance pursuant to this article and
records of all disposition of those requests that shall 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 school district.
   (3) The number of pupils who transfer into the school 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) shall
be reported to the governing board of the school district at a
regularly scheduled meeting of the governing board. No later than May
15 of each year, the school district shall report the information
maintained pursuant to subdivision (a) to each school district that
is geographically adjacent to the school district electing to accept
transfer pupils and the county office of education in which the
school district is located. No later than May 15 of every other year,
the school district shall report the information maintained pursuant
to subdivision (a) to the Superintendent.
   (c) The Superintendent shall biennially report the information
collected pursuant to subdivision (a) to the Legislature and the
Governor.
   (d) A report to be submitted pursuant to subdivision (c) shall be
submitted in compliance with Section 9795 of the Government Code.
 
  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.