SB 268 Senate Bill - INTRODUCED

BILL NUMBER: SB 268	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 14, 2011

   An act to amend Sections 46601, 46603, and 48204 of the Education
Code, relating to school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 268, as introduced, Wright. School attendance: interdistrict
attendance.
   (1) 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 districts. If either
district fails to approve the interdistrict attendance of a pupil, or
in the case of the failure or refusal of the 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.
   This bill would require the county board of education to conduct
an impartial hearing within 30 days of the filing of the appeal. The
bill would specify the issues to which the county board's review of
the decision would be limited. The bill would provide that, after 2
school months have passed, if no decision with respect to a pupil's
interdistrict attendance has been made by the 2 governing boards or
the county board, the school district of residence would receive the
revenue limit and state apportionment funding attributable to that
pupil. Because this bill would create new duties for county boards of
education, it would constitute a state-mandated local program.
   (2) Existing law, among other things, until July 1, 2012, provides
that a school district may deem a pupil to have complied with
residency requirements for school attendance in a district if at
least one parent or the legal guardian of the pupil is physically
employed within the boundaries of that district.
   This bill would instead provide that, until July 1, 2013, a school
district may deem a pupil to have complied with residency
requirements for school attendance in a district if at least one
parent or legal guardian of the pupil is physically employed within
the boundaries of that district during a majority of the time that
the pupil is scheduled to be in school.
   (3) 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.  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. 
   If, 
    (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. 
    Notifying 
    (c)     Notifying  districts shall
also, in all instances, advise persons making unsuccessful requests
for interdistrict attendance of all of the following: 
   (a) 
    (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. 
   (b) (1) 
    (2)     (A)    The county
board of education shall, within 30 calendar days after the appeal is
filed,  conduct an impartial hearing to  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. 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.

   (2)  
   (B) The review by the county board of education of the decision of
the district governing board under subparagraph (A) shall be limited
to the following questions:  
   (i) Whether the district acted in accordance with an interdistrict
attendance agreement, where applicable.  
   (ii) Whether the district followed the district's policy on
interdistrict attendance.  
   (iii) Whether the district provided the parent or guardian with an
opportunity to provide information relevant to the interdistrict
attendance request.  
   (iv) Whether there is relevant and material evidence that was not
considered by the district. 
    (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  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. The definitions of "class 1 county" and "class 2 county"
in subdivision  (c)   (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. 
   (c) 
    (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. 
   (d) 
    (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. 
   (e) 
    (5)  Students 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.
  SEC. 2.  Section 46603 of the Education Code is amended to read:
   46603.   (a)    For a period not to exceed two
school months, the governing board of a school district may
provisionally admit to the schools of the district a pupil who
resides in another district, pending a decision of the two boards, or
by the county board of education upon appeal, regarding the
interdistrict attendance. 
    Regardless 
    (b)     Regardless  of whether the
decision on interdistrict attendance is allowed, the provisional
attendance may be counted by the district of attendance for revenue
limit and state apportionment purposes.  After two school months
have passed, if no decision has been made by the two governing boards
or the county board of education under subdivision (a), the school
district of residence shall receive the revenue limit and state
apportionment funding attributable to that pupil. 
  SEC. 3.  Section 48204 of the Education Code, as amended by Section
1 of Chapter 33 of the Statutes of 2007, is amended to read:
   48204.  (a)  Notwithstanding Section 48200, a pupil complies with
the residency requirements for school attendance in a school
district, if he or she is any of the following:
   (1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
   (B) An agency placing a pupil in a home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law.
   (2) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
   (3) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
   (4) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
   (5) A pupil residing in a state hospital located within the
boundaries of that school district.
   (b) A school district may deem a pupil to have complied with the
residency requirements for school attendance in the district if at
least one parent or  the  legal guardian of the
pupil is physically employed within the boundaries of that district
 during a majority of the time that the pupil is scheduled to be
in school  .
   (1) This subdivision does not require the school district within
which at least one parent or  the  legal guardian of
a pupil is employed to admit the pupil to its schools. A school
district shall not, however, refuse to admit a pupil under this
subdivision on the basis, except as expressly provided in this
subdivision, of race, ethnicity, sex, parental income, scholastic
achievement, or any other arbitrary consideration.
   (2) The school district in which the residency of either the
parents or the legal guardian of the pupil is established, or the
school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the court-ordered or voluntary
desegregation plan of the district.
   (3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
district determines that the additional cost of educating the pupil
would exceed the amount of additional state aid received as a result
of the transfer.
   (4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) is
encouraged to identify, and communicate in writing to the parents or
the legal guardian of the pupil, the specific reasons for that
determination and is encouraged to ensure that the determination, and
the specific reasons therefor, are accurately recorded in the
minutes of the board meeting in which the determination was made.
   (5) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
   (6) Unless approved by the sending school district, this
subdivision does not authorize a net transfer of pupils out of a
school district, calculated as the difference between the number of
pupils exiting the district and the number of pupils entering the
district, in a fiscal year in excess of the following amounts:
   (A) For a school district with an average daily attendance for
that fiscal year of less than 501, 5 percent of the average daily
attendance of the district.
   (B) For a school district with an average daily attendance for
that fiscal year of 501 or more, but less than 2,501, 3 percent of
the average daily attendance of the district or 25 pupils, whichever
amount is greater.
   (C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
district or 75 pupils, whichever amount is greater.
   (7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district the boundaries of which
include the location where at least one parent or the legal guardian
of a pupil is physically employed, the pupil does not have to reapply
in the next school year to attend a school within that district and
the district governing board shall allow the pupil to attend school
through grade 12 in that district if the parent or legal guardian so
chooses and if at least one parent or the legal guardian of the pupil
continues to be physically employed by an employer situated within
the attendance boundaries of the district, subject to paragraphs (1)
to (6), inclusive.
   (c) This section shall become inoperative on July 1,  2012
  2013  , and as of January 1,  2013
  2014  , is repealed, unless a later enacted
statute, that becomes operative on or before January 1,  2013
  2014 , deletes or extends the dates on which it
becomes inoperative and is repealed.
  SEC. 4.  Section 48204 of the Education Code, as amended by Section
2 of Chapter 33 of the Statutes of 2007, is amended to read:
   48204.  Notwithstanding Section 48200, a pupil complies with the
residency requirements for school attendance in a school district, if
he or she is:
   (a) (1) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
   (2) An agency placing a pupil in the home or institution described
in paragraph (1) shall provide evidence to the school that the
placement or commitment is pursuant to law.
   (b) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
   (c) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
   (d) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
   (e) A pupil residing in a state hospital located within the
boundaries of that school district.
   (f) This section shall become operative on July 1,  2012
  2013  .
  SEC. 5.  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.