Amended in Senate April 10, 2013

Senate Bill No. 451

Introduced by Senator Huff

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(Coauthors: Senators Anderson, Berryhill, Emmerson, Fuller, Gaines, Knight, Nielsen, Walters, and Wyland)

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February 21, 2013

An act to amend Sections begin insert 33050, end insert 48352, 48354, and 48356 of the Education Code, relating to school enrollment.

LEGISLATIVE COUNSEL’S DIGEST

SB 451, as amended, Huff. Open Enrollment Act: expansion to all school districts of residence.

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert 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 begin delete (API) end delete 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 begin delete API end delete begin insert Academic Performance Index end insert .

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.

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(2) Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the State Board of Education to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions.

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This bill would include additional specified provisions of the Education Code, relating to notice and procedures to apply and transfer schools pursuant to the Open Enrollment Act, that may not be waived.

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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:

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begin insert SECTION 1. end insert   

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begin insert Section 33050 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

33050.  

(a) The governing board of a school district or a county
board of education, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, may request the State Board of Education
to waive all or part of any section of this code or any regulation
adopted by the State Board of Education that implements a
provision of this code that may be waived, except:

(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 4 of Part 10.

(2) Chapter 6 (commencing with Section 16000) of Part 10.

(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
(commencing with Section 17070.10), and Chapter 14
(commencing with Section 17085) of Part 10.

(4) Part 13 (commencing with Section 22000).

(5) Section 35735.1.

(6) Paragraph (8) of subdivision (a) of Section 37220.

(7) The following provisions of Part 10.5 (commencing with
Section 17211):

(A) Chapter 1 (commencing with Section 17211).

(B) Article 1 (commencing with Section 17251) to Article 6
(commencing with Section 17365), inclusive, of Chapter 3.

(C) Sections 17416 to 17429, inclusive; Sections 17459 and
17462 and subdivision (a) of Section 17464; and Sections 17582
to 17592, inclusive.

(8) The following provisions of Part 24 (commencing with
Section 41000):

(A) Sections 41000 to 41360, inclusive.

(B) Sections 41420 to 41423, inclusive.

(C) Sections 41600 to 41866, inclusive.

(D) Sections 41920 to 42911, inclusive.

(9) Sections 44504 and 44505.

(10) Article 3 (commencing with Section 44930) of Chapter 4
of Part 25 and regulations in Title 5 of the California Code of
Regulations adopted pursuant to Article 3 (commencing with
Section 44930) of Chapter 4 of Part 25.

(11) Part 26 (commencing with Section 46000).

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(12) Sections 48354, 48355, and 48356.

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(12)

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begin insert (1 end insert begin insert 3) end insert  Chapter 6 (commencing with Section 48900) and Chapter
6.5 (commencing with Section 49060) of Part 27.

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(13)

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begin insert (1 end insert begin insert 4) end insert  Section 51513.

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(14)

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begin insert (1 end insert begin insert 5) end insert  Chapter 6.10 (commencing with Section 52120) of Part
28, relating to class size reduction.

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(15)

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begin insert (1 end insert begin insert 6) end insert  Section 52163.

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(16)

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begin insert (1 end insert begin insert 7) end insert  The identification and assessment criteria relating to any
categorical aid program, including Sections 52164.1 and 52164.6.

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(17)

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begin insert (1 end insert begin insert 8) end insert  Sections 52165, 52166, and 52178.

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(18)

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begin insert (1 end insert begin insert 9) end insert  Article 3 (commencing with Section 52850) of Chapter 12
of Part 28.

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(19)

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begin insert (20) end insert  Section 56364.1, except that this restriction shall not
prohibit the State Board of Education from approving any waiver
of Section 56364 or Section 56364.2, as applicable, relating to full
inclusion.

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(20)

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begin insert (2 end insert begin insert 1) end insert  Article 4 (commencing with Section 60640) of Chapter 5
of Part 33, relating to the STAR Program, and any other provisions
of Chapter 5 (commencing with Section 60600) of Part 33 that
establish requirements for the STAR Program.

(b) Any waiver of provisions related to the programs identified
in Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part 28.

(c) The waiver of an advisory committee required by law shall
be granted only pursuant to Article 4 (commencing with Section
52870) of Chapter 12 of Part 28.

(d) Any request for a waiver submitted by the governing board
of a school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to both of the
following:

(1) Whether the exclusive representative of employees, if any,
as provided in Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, participated in the
development of the waiver.

(2) The exclusive representative’s position regarding the waiver.

(e) Any request for a waiver submitted pursuant to subdivision
(a) relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter
9 of Part 28, that is operated by a joint powers entity established
pursuant to Chapter 5 (commencing with Section 6500) of Division
7 of Title 1 of the Government Code, shall be submitted as a joint
waiver request for each participating school district and shall meet
both of the following conditions:

(1) Each joint waiver request shall comply with all of the
requirements of this article.

(2) The submission of a joint waiver request shall be approved
by a unanimous vote of the governing board of the joint powers
agency.

(f) The governing board of any school district requesting a
waiver under this section of any provision of Article 5
(commencing with Section 39390) of Chapter 3 of Part 23 shall
provide written notice of any public hearing it conducted pursuant
to subdivision (a), at least 30 days prior to the hearing, to each
public agency identified under Section 39394.

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begin insert SEC. 2. end insert   

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.

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begin insert SEC. 3. end insert   

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 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.

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begin insert SEC. 4. end insert   

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
begin delete nonresident end delete school district begin insert of enrollment end insert 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.

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begin insert SEC. 5. end insert   

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.