Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 523


Introduced by Assembly Member Kim

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(Coauthor: Senator Huff)

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February 23, 2015


An act tobegin delete amend Section 48354 of the Education Code,end deletebegin insert add Section 48032 to the Education Code,end insert relating to school enrollment.

LEGISLATIVE COUNSEL’S DIGEST

AB 523, as amended, Kim. begin deleteOpen Enrollment Act: option to transfer to another school. end deletebegin insertSchool enrollment: City of La Palma: high school districts.end insert

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Existing law requires each person between 6 and 18 years of age who is not otherwise exempted to attend the public full-time day school or continuation school or classes in the school district in which his or her parent or guardian is a resident. Existing law authorizes the governing board of a school district to adopt a resolution to become a school district of choice, as defined, and accept interdistrict pupil transfers.

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This bill would require a high school district that serves the City of La Palma in the County of Orange, upon the request of a parent or guardian who resides within the city limits, to enroll the child of the parent or guardian in a school located in that city without regard to the attendance boundaries of the high school district. The high school district from which a pupil transfers pursuant to the bill would be required to send all school records of the pupil to the new school in accordance with state law. By requiring the high school districts that serve the City of La Palma in the County of Orange to enroll pupils they were not previously required to enroll and performing other duties with regard to those pupils, this bill would impose a state-mandated local program.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the high school districts that serve the City of La Palma in the County of Orange.

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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.

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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.

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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’s transfer to another public school served by the school district of residence or another school district.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 48032 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

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3

begin insert48032.end insert  

Notwithstanding any other law, a high school district
4that serves the City of La Palma in the County of Orange, upon
5the request of a parent or guardian who resides within the city
6limits, shall enroll the child of the parent or guardian in a school
7located in the City of La Palma without regard to the attendance
8boundaries of the high school district. The high school district
9from which the pupil transfers shall send all school records of the
10pupil to the new school in accordance with state law. A pupil
11attending a school in the City of La Palma pursuant to this section
12has the same right to continue to attend the school as any other
13pupil who otherwise satisfies the residency requirements of the
14high school district.

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begin insertSEC. 2.end insert  

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The Legislature finds and declares that a special law
16is necessary and that a general law cannot be made applicable
17within the meaning of Section 16 of Article IV of the California
P3    1Constitution because of the number of school districts that serve
2the residents of the City of La Palma in the County of Orange and
3the antiquated school district boundaries within the city.

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begin insertSEC. 3.end insert  

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If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.

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9

SECTION 1.  

Section 48354 of the Education Code is amended
10to read:

11

48354.  

(a) The parent of a pupil enrolled in a low-achieving
12school may submit an application for the pupil to attend a school
13in a school district of enrollment pursuant to this article.

14(b) (1) Consistent with the requirements of Section
151116(b)(1)(E) of the federal Elementary and Secondary Education
16Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first
17day of the school year, or, if later, on the date the notice of program
18improvement, corrective action, or restructuring status is required
19to be provided under federal law, the district of residence shall
20provide the parents and guardians of all pupils enrolled in a school
21determined in subdivision (a) of Section 48352 with notice of the
22option to transfer to another public school served by the school
23district of residence or another school district.

24(2) An application requesting a transfer pursuant to this article
25shall be submitted by the parent of a pupil to the school district of
26enrollment before January 1 of the school year preceding the school
27year for which the pupil is requesting to transfer. The school district
28of enrollment may waive the deadline specified in this paragraph.

29(3) The application deadline specified in paragraph (2) does not
30apply to an application requesting a transfer if the parent, with
31whom the pupil resides, is enlisted in the military and was relocated
32by the military within 90 days before submitting the application.

33(4) The application may request enrollment of the pupil in a
34specific school or program within the school district of enrollment.

35(5) A pupil may enroll in a school in the school district of
36enrollment in the school year immediately following the approval
37of his or her application.

38(6) In order to provide priority enrollment opportunities for
39pupils residing in the school district, a school district of enrollment
P4    1shall establish a period of time for resident pupil enrollment before
2accepting transfer applications pursuant to this article.

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