BILL NUMBER: AB 1085	CHAPTERED
	BILL TEXT

	CHAPTER  87
	FILED WITH SECRETARY OF STATE  JULY 15, 2011
	APPROVED BY GOVERNOR  JULY 13, 2011
	PASSED THE SENATE  JUNE 23, 2011
	PASSED THE ASSEMBLY  JUNE 27, 2011
	AMENDED IN SENATE  JUNE 15, 2011
	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 18, 2011

   An act to amend, repeal, and add Section 46601 of the Education
Code, relating to school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1085, Davis. School attendance: interdistrict attendance.
   Existing law authorizes the governing boards of 2 or more school
districts to enter into an agreement for the interdistrict attendance
of pupils who are residents of the school districts. If either
school district fails to approve the interdistrict attendance of a
pupil, or in the case of the failure or refusal of the school
districts to enter into an agreement, existing law authorizes the
person having legal custody of the pupil to appeal to the county
board of education in accordance with a prescribed procedure.
Existing law requires the county board of education to determine,
within 30 calendar days after the appeal is filed, whether the pupil
should be permitted to attend in the school district in which the
pupil desires to attend and the applicable period of time.
   This bill would state the intent of the Legislature that school
districts and county boards of education use their best efforts to
expeditiously process interdistrict attendance appeals. The bill also
would require, until July 1, 2015, that, in a class 1 county, which
is defined in existing law as a county with 1994-95 average daily
attendance of more than 500,000, or a class 2 county, which is
defined in existing law as a county with 1994-95 average daily
attendance of at least 180,000 but less than 500,000, the county
board of education determine whether the pupil should be permitted to
attend the school district in which the pupil desires to attend and
the applicable period of time within 40 schooldays after the appeal
is filed rather than 30 calendar days after the appeal is filed.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature that school
districts and county boards of education make best efforts to process
interdistrict attendance appeals in an expeditious fashion.
  SEC. 2.  Section 46601 of the Education Code is amended to read:
   46601.  (a) If, within 30 calendar days after the person having
legal custody of a pupil has so requested, the governing board of
either school district fails to approve interdistrict attendance in
the current term, or, in the absence of an agreement between the
districts, fails or refuses to enter into an agreement, the district
denying the permit, or, in the absence of an agreement, the district
of residence, shall advise the person requesting the permit of the
right to appeal to the county board of education.
   (b) If, within 14 calendar days after the commencement of
instruction in a new term in each of the school districts,
respectively, when the person having legal custody of a pupil has so
requested separately of each district not later than 30 calendar days
prior to the commencement of instruction in that term in that
district, the governing board of either district fails to approve
interdistrict attendance in that term, or, in the absence of an
agreement between the districts to permit that attendance, fails or
refuses to enter an agreement, the district denying the permit, or,
in the absence of an agreement, the district of residence, shall
advise the person requesting the permit of the right to appeal to the
county board of education.
   (c) Notifying districts shall also, in all instances, advise
persons making unsuccessful requests for interdistrict attendance of
all of the following:
   (1) The person having legal custody may appeal, within 30 calendar
days of the failure or refusal to issue a permit, or to enter into
an agreement allowing the attendance, to the county board of
education having jurisdiction over the district of residence of the
parent or legal guardian or person having legal custody. Failure to
appeal within the required time is good cause for denial of an
appeal. An appeal shall be accepted only upon verification by the
county board's designee that appeals within the districts have been
exhausted. If new evidence or grounds for the request are introduced,
the county board may remand the matter for further consideration by
the district or districts. In all other cases, the appeal shall be
granted or denied on its merits.
   (2) (A) (i) The county board of education shall, unless clause
(ii) is applicable, within 30 calendar days after the appeal is
filed, determine whether the pupil should be permitted to attend in
the district in which the pupil desires to attend and the applicable
period of time.
   (ii) The county board of education in a class 1 or class 2 county
shall, within 40 schooldays after the appeal is filed, determine
whether the pupil should be permitted to attend in the district in
which the pupil desires to attend and the applicable period of time.
   (B) In the event that compliance by the county board within the
time requirement for determining whether the pupil should be
permitted to attend in the district in which the pupil desires to
attend is impractical, the county board or the county superintendent
of schools, for good cause, may extend the time period for up to an
additional five school days. The county shall provide adequate notice
to all parties of the date and time of any hearing scheduled and of
the opportunity to submit written statements and documentation and to
be heard on the matter pursuant to rules and regulations adopted by
the county board of education in accordance with this chapter. The
county board rules may provide for the granting of continuances upon
a showing of good cause. The county board of education shall render a
decision within three schooldays of any hearing conducted by the
board unless the person who filed the appeal requests a postponement.

   (C) In a class 1 or class 2 county, the county board rules may
provide for any hearing pursuant to this section to be conducted by a
hearing officer pursuant to Chapter 14 (commencing with Section
27720) of Part 3 of Division 2 of Title 3 of the Government Code, or
by an impartial administrative panel of three or more certificated
persons appointed by the county board of education. Section 27722 of
the Government Code is applicable to a hearing by any impartial
administrative panel and, for purposes of this section, the term
"hearing officer" in Section 27722 of the Government Code includes an
impartial administrative panel. No member of the impartial
administrative panel shall be a member of the county board of
education, nor be employed by the school district of residence or the
district of desired attendance.
   (D) The definitions of "class 1 county" and "class 2 county" in
subdivision (e) of Section 48919.5 apply to this section. If the
hearing officer is not authorized to decide whether the pupil should
be permitted to attend in the district in which the pupil desires to
attend, the county board of education, within 10 days of receiving
the recommended decision pursuant to subdivision (b) of Section 27722
of the Government Code, shall render a decision.
   (3) The county supervisor of attendance, or other designee of the
county superintendent of schools, shall investigate to determine
whether local remedies in the matter have been exhausted and to
provide any additional information deemed useful to the county board
in reaching a decision.
   (4) If the interdistrict attendance involves school districts
located in different counties, the county board of education having
jurisdiction over the district denying a permit, or refusing or
failing to enter into an agreement to allow for the issuance of a
permit, shall have jurisdiction for purposes of an appeal. If both
districts deny a permit, or refuse or fail to enter into an agreement
to allow for the issuance of a permit, the county board having
jurisdiction over the district of residence shall have jurisdiction
for purposes of an appeal and, upon granting a pupil's appeal, shall
seek concurrence in the decision by the county board of the other
county which shall provide adequate opportunity for the district
under its jurisdiction to be heard on the matter before making a
decision. If the two county boards do not then concur, the pupil's
appeal shall be denied.
   (5) Pupils who are under consideration for expulsion, or who have
been expelled pursuant to Sections 48915 and 48918, may not appeal
interdistrict attendance denials or recisions while expulsion
proceedings are pending, or during the term of the expulsion.

   (d) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 3.  Section 46601 is added to the Education Code, to read:
   46601.  (a) If, within 30 calendar days after the person having
legal custody of a pupil has so requested, the governing board of
either school district fails to approve interdistrict attendance in
the current term, or, in the absence of an agreement between the
districts, fails or refuses to enter into an agreement, the district
denying the permit, or, in the absence of an agreement, the district
of residence, shall advise the person requesting the permit of the
right to appeal to the county board of education.
   (b) If, within 14 calendar days after the commencement of
instruction in a new term in each of the school districts,
respectively, when the person having legal custody of a pupil has so
requested separately of each district not later than 30 calendar days
prior to the commencement of instruction in that term in that
district, the governing board of either district fails to approve
interdistrict attendance in that term, or, in the absence of an
agreement between the districts to permit that attendance, fails or
refuses to enter an agreement, the district denying the permit, or,
in the absence of an agreement, the district of residence, shall
advise the person requesting the permit of the right to appeal to the
county board of education.
   (c) Notifying districts shall also, in all instances, advise
persons making unsuccessful requests for interdistrict attendance of
all of the following:
   (1) The person having legal custody may appeal, within 30 calendar
days of the failure or refusal to issue a permit, or to enter into
an agreement allowing the attendance, to the county board of
education having jurisdiction over the district of residence of the
parent or legal guardian or person having legal custody. Failure to
appeal within the required time is good cause for denial of an
appeal. An appeal shall be accepted only upon verification by the
county board's designee that appeals within the districts have been
exhausted. If new evidence or grounds for the request are introduced,
the county board may remand the matter for further consideration by
the district or districts. In all other cases, the appeal shall be
granted or denied on its merits.
   (2) (A) The county board of education shall, within 30 calendar
days after the appeal is filed, determine whether the pupil should be
permitted to attend in the district in which the pupil desires to
attend and the applicable period of time.
   (B) In the event that compliance by the county board within the
time requirement for determining whether the pupil should be
permitted to attend in the district in which the pupil desires to
attend is impractical, the county board or the county superintendent
of schools, for good cause, may extend the time period for up to an
additional five schooldays. The county shall provide adequate notice
to all parties of the date and time of any hearing scheduled and of
the opportunity to submit written statements and documentation and to
be heard on the matter pursuant to rules and regulations adopted by
the county board of education in accordance with this chapter. The
county board rules may provide for the granting of continuances upon
a showing of good cause. The county board of education shall render a
decision within three schooldays of any hearing conducted by the
board unless the person who filed the appeal requests a postponement.

   (C) In a class 1 or class 2 county, the county board rules may
provide for any hearing pursuant to this section to be conducted by a
hearing officer pursuant to Chapter 14 (commencing with Section
27720) of Part 3 of Division 2 of Title 3 of the Government Code, or
by an impartial administrative panel of three or more certificated
persons appointed by the county board of education. Section 27722 of
the Government Code is applicable to a hearing by any impartial
administrative panel and, for purposes of this section, the term
"hearing officer" in Section 27722 of the Government Code includes an
impartial administrative panel. No member of the impartial
administrative panel shall be a member of the county board of
education, nor be employed by the school district of residence or the
district of desired attendance.
   (D) The definitions of "class 1 county" and "class 2 county" in
subdivision (e) of Section 48919.5 apply to this section. If the
hearing officer is not authorized to decide whether the pupil should
be permitted to attend in the district in which the pupil desires to
attend, the county board of education, within 10 days of receiving
the recommended decision pursuant to subdivision (b) of Section 27722
of the Government Code, shall render a decision.
   (3) The county supervisor of attendance, or other designee of the
county superintendent of schools, shall investigate to determine
whether local remedies in the matter have been exhausted and to
provide any additional information deemed useful to the county board
in reaching a decision.
   (4) If the interdistrict attendance involves school districts
located in different counties, the county board of education having
jurisdiction over the district denying a permit, or refusing or
failing to enter into an agreement to allow for the issuance of a
permit, shall have jurisdiction for purposes of an appeal. If both
districts deny a permit, or refuse or fail to enter into an agreement
to allow for the issuance of a permit, the county board having
jurisdiction over the district of residence shall have jurisdiction
for purposes of an appeal and, upon granting a pupil's appeal, shall
seek concurrence in the decision by the county board of the other
county which shall provide adequate opportunity for the district
under its jurisdiction to be heard on the matter before making a
decision. If the two county boards do not then concur, the pupil's
appeal shall be denied.
   (5) Pupils who are under consideration for expulsion, or who have
been expelled pursuant to Sections 48915 and 48918, may not appeal
interdistrict attendance denials or recisions while expulsion
proceedings are pending, or during the term of the expulsion.
   (d) This section shall become operative on July 1, 2015.