BILL ANALYSIS Ó AB 523 Page 1 Date of Hearing: April 8, 2015 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 523 Kim - As Amended March 26, 2015 SUBJECT: Open Enrollment Act: option to transfer to another school SUMMARY: Requires a high school district with a high school campus within the city limits of La Palma to accept students who reside within the city limits without regard to the attendance boundaries. Specifically, this bill: 1)Requires, notwithstanding any other law, 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 of guardian in a school located in the City of La Palma without regard to the attendance boundaries of the high school district. 2)Requires the high school district from which the pupil transfers to send all school records of the pupil to the new school in accordance with state law. 3)Specifies that a pupil attending a school in the City of La Palma has the same right to continue to attend the school as AB 523 Page 2 any other pupil who otherwise satisfies the residency requirements of the high school district. EXISTING LAW: 1)Authorizes the governing boards of two or more school districts to enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils. The agreement may also provide for the admission and enrollment of a pupil in a district other than that pupil's district of residence (DOR) if the district of enrollment is a party to the agreement, and requires that the district of enrollment maintain schools and classes in kindergarten or any of grades 1 to 12. (Education Code 46600) 2)Authorizes a school board to declare the district to be a District of Choice (DOC) that is willing to accept a specified number of students from outside of the DOC, as determined by the DOC. A DOC is not required to admit pupils but is required to select those pupils that it does elect to admit through a random process that does not choose pupils based upon academic or athletic talent. (Education Code 48300) 3)Establishes the Open Enrollment Program, which authorizes a pupil enrolled in the 1000 lowest achieving schools, as defined, to attend any higher achieving school in the state. (Education Code 48350 - 48361) 4)Provides that 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. (Education Code 48204) EXISTING FEDERAL LAW: 1)Provides that when a Title I school fails to meet adequate AB 523 Page 3 yearly progress (AYP) goals for two or more consecutive years, parents of children in that school have the choice to transfer their children to schools which are (1) not identified for Program Improvement (PI) and (2) not identified by the state as persistently dangerous schools. (No Child Left Behind Act of 2001 (NCLB)) 2)Provides that if all public schools served by the district are identified for PI, the district should try to establish a cooperative agreement with other districts in order to provide school choice. (NCLB) FISCAL EFFECT: Unknown COMMENTS: This bill authorizes high school students who reside within the City of La Palma to attend a high school outside their attendance boundary, but within the city limits. Two high school districts split La Palma. John F. Kennedy High School is located in the southern part of La Palma, within the Anaheim Union High School District. Students in La Palma who reside south of Houston Avenue attend Kennedy High School. Students who reside north of Houston Avenue attend Buena Park High School which is four miles away in the Fullerton Joint Union High School District (FJUHSD). This bill would authorize students who live north of Houston Ave to attend Kennedy High School. The map below shows the outline of the city of La Palma, and the darker shaded area illustrates how the city is divided by two high school districts. The light colored square in the southeast corner of the city limits is the John F. Kennedy High School campus. The light colored square in the north east corner of the larger map is the campus of Buena Park High School District. Interdistrict Transfer Requests: Existing law allows students to request an interdistrict transfer from their home district to attend a school in another district. According to FJUHSD in 2014-15, they received 11 interdistrict applications to transfer from Buena Park High School to John F. Kennedy High School, with AB 523 Page 4 seven approved and four denied. In 2013-14, they received 15 interdistrict applications, with 12 approved and three denied. In 2012-13, they received 22 interdistrict applications, with 21 approved and one denied. FJUHSD has a district policy that interdistrict transfers can be approved if the student wishes to attend a specialized program that the district does not offer, or if the parents work in another district and the student wishes to attend school in that area. The above approvals and denials are based on these criteria. In the last 12 years, none of the interdistrict transfer requests have been appealed to Orange County Office of Education (OCDE). With this data in mind, the committee should consider whether a problem has been demonstrated that necessitates a change in state statute specifically for La Palma high school students to attend Kennedy High School. School Performance: John F. Kennedy High School's 2012 API was 860, placing the school in decile 9. Buena Park High School's 2012 API was 763, placing the school is decile 6. The committee may wish to consider whether school performance is a factor with regard to these interdistrict transfer requests. Local Control: Existing authority to change school district boundaries and to unify school districts rests at the local level. It is the duty of local school districts and county committees on school district reorganization to work together to create solutions for these types of issues. This bill would create a new precedent for the Legislature to intervene in a local school district boundary issue. Arguments in Support: The City of La Palma supports the bill and states, "A recent survey of La Palma residents located within the boundaries of the high school district without a school in La Palma, indicated that over 98% favored legislation to allow AB 523 Page 5 for this choice and over 99%, if given the choice, would choose the school within La Palma. The legislation would not change any school district boundaries, just allow a choice to remain in the community and at their nearest high school. This is not a reflection on one district as better than another; simply that students want to remain in the community." Previous Legislation: SB 1445 (Harman) from 2008, which failed passage in the Senate Education Committee, was substantially similar to this bill. REGISTERED SUPPORT / OPPOSITION: Support City of La Palma Opposition None on file. Analysis Prepared by:Chelsea Kelley / ED. / (916) 319-2087 AB 523 Page 6