BILL NUMBER: SB 451	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Huff

                        FEBRUARY 21, 2013

   An act to amend Sections 48352, 48354, and 48356 of the Education
Code, relating to school enrollment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 451, as introduced, Huff. Open Enrollment Act: expansion to all
school districts of residence.
   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 (API) 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 API.
   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) "Low-achieving school" means any school identified by the
Superintendent pursuant to the following:  
   (1) Excluding the schools, and taking into account the impact of
the criteria in paragraph (2), the Superintendent annually shall
create a list of 1,000 schools ranked by increasing API with 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 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. However, if the number of schools in a
local educational agency is not evenly divisible by 10, the
Superintendent shall round up to the next whole number of schools.
 
   (B) Court, community, or community day schools shall not be
included on the list.  
   (C) Charter schools shall not be included on the list. 

   (b) 
    (a)  "Parent" means the natural or adoptive parent or
guardian of a dependent child. 
   (c) 
    (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. 
   (d) 
    (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 
low-achieving school   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  determined in subdivision (a) of
Section 48352   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  prior to   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  prior to  
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 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  prior to   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  determined pursuant to subdivision (a) of Section
48352  . 
   (3) Third priority for pupils transferring from a school ranked in
decile 2 on the Academic Performance Index.  
   (3) 
    (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)  and (2)   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.