BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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            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  








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            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  








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          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  








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          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













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