BILL NUMBER: AB 1279 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Conway
( Coauthors: Assembly Members
Bigelow, Beth Gaines, Gorell,
Grove, Harkey, Jones, Morrell,
and Wilk )
FEBRUARY 22, 2013
An act to amend Sections 48352, 48354, and 48356 of the Education
Code, relating to school enrollment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1279, as amended, Conway. Open Enrollment Act:
expansion to all school districts of residence. Act.
Existing law, the Open Enrollment Act, authorizes the parent of a
pupil enrolled in a low-achieving school, as defined, to submit an
application for the pupil to attend a school in a school district of
enrollment, as defined, as specified.
This bill would expand the act to authorize the parent of a pupil
enrolled in a school district of residence, as defined, to submit an
application for the pupil to attend a school in a school district
other than their school district of residence.
The Open Enrollment Act requires a school district of enrollment
to ensure that pupils enrolled pursuant to the act 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, except that pupils applying for transfer
are required to be assigned specified priorities for approval.
This bill would add a third priority for approval for pupils
transferring from a school ranked in decile 2 on the Academic
Performance Index.
To the extent the bill would expand the duties of school districts
under the Open Enrollment Act, 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.
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) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
(b) "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.
(c) "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 48354 of the Education Code is amended to read:
48354. (a) The parent of a pupil enrolled in a school district of
residence may submit an application for the pupil to attend a school
in a school district of enrollment pursuant to this article.
(b) (1) Consistent with the requirements of Section 1116(b)(1)(E)
of the federal Elementary and Secondary Education Act of 2001 (20
U.S.C. Sec. 6301 et seq.), on or before the first day of the school
year, or, if later, on the date the notice of program improvement,
corrective action, or restructuring status is required to be provided
under federal law, the school district of residence shall provide
the parents and guardians of all pupils enrolled in a school in the
district with notice of the option to transfer to another public
school served by the school district of residence or another school
district.
(2) An application requesting a transfer pursuant to this article
shall be submitted by the parent of a pupil to the school district of
enrollment before January 1 of the school year preceding the school
year for which the pupil is requesting to transfer. The school
district of enrollment may waive the deadline specified in this
paragraph.
(3) The application deadline specified in paragraph (2) does not
apply to an application requesting a transfer if the parent, with
whom the pupil resides, is enlisted in the military and was relocated
by the military within 90 days before submitting the application.
(4) The application may request enrollment of the pupil in a
specific school or program within the school district of enrollment.
(5) A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval of
his or her the pupil's application.
(6) In order to provide priority enrollment opportunities for
pupils residing in the school district, a school district of
enrollment shall establish a period of time for resident pupil
enrollment before accepting transfer applications pursuant to this
article.
SEC. 3. 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 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.
(3) Third priority for pupils transferring from a school ranked in
decile 2 on the Academic Performance Index.
(4) 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) to (3), inclusive, to select pupils at random until
all of the available spaces are filled.
(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. 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.