BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 597              
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          |Author:    |Huff                                                 |
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          |Version:   |February 27, 2015                      Hearing Date: |
          |           |    April 8, 2015                                    |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Olgalilia Ramirez                                    |
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          Subject:  Pupil attendance:  interdistrict transfers

            SUMMARY
          
          This bill extends, for one year, the sunset and repeal dates of  
          statute that allows the governing board of a school district to  
          permit the enrollment of pupils who reside in another district  
          by declaring to be a District of Choice (DOC). 

            BACKGROUND
          
          Existing law authorizes the governing board of a school board to  
          declare themselves a DOC willing to accept a specified number of  
          inter-district transfers.  A DOC is required to select pupils  
          through a random and unbiased process that prohibits enrollment  
          based upon academic or athletic talent. Priority is given to  
          siblings of children already in attendance in the DOC and  
          children of military personnel.  As a condition of participating  
          in the program, either the district of residence or DOC may  
          prevent a transfer if the transfer would exacerbate racial  
          segregation.  
          (Education Code § 48300 et. seq.)

          Existing law also requires each DOC to keep records of: 1) The  
          number of requests granted, denied, or withdrawn as well as the  
          reasons for the denials; 2) The number of pupils transferred out  
          of the district, as specified; and 3) The number of pupils  
          transferred into the district, as specified. DOCs are required  
          to annually report this information to neighboring school  
          districts, their county office of education, the Superintendent  







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          of Public Instruction (SPI) and Department of Finance, as  
          specified.  The Department of Finance is required to make the  
          information available to the Legislative Analyst. The  
          Legislative Analyst is required to conduct a comprehensive  
          evaluation of the DOC program, as specified, and submit the  
          evaluation, along with recommendations, to the appropriate  
          legislative education policy committees, and the Governor by  
          November 1, 2014.  This section is scheduled to sunset July 1,  
          2016.  
          (EC § 48300 et. seq.)

            ANALYSIS
          
          This bill extends the inoperative date from July 1, 2016 to July  
          1, 2017 and the repeal date from January 1, 2017 to January 1,  
          2018 for which the governing board of a school district is  
          permitted to enroll students who reside in another district by  
          declaring themselves a School District of Choice.  



          STAFF COMMENTS

          1.   Need for the bill.  The District of Choice (DOC) program,  
               established in 1993, is scheduled to sunset July 1, 2016.   
               According to the author, many school districts enroll a  
               significant number of students from outside of their  
               district boundaries through the DOC program.  As result,  
               ending the program could cause a decline in enrollment for  
               several small school districts. 
          
          2.   Data collection and program evaluation. Delays in the data  
               collection process have stalled the DOC program evaluation  
               along with recommendations for its extension. In addition  
               to the records mentioned in the background, existing law  
               requires the evaluation to incorporate the following  
               information; the number and characteristics of pupils who  
               use the school district of choice option, the enrollment of  
               school districts of residence and school districts of  
               choice and the fiscal health of school districts of  
               residence and school districts of choice, as specified. The  
               statute required the evaluation to be completed and  
               submitted by November 1, 2014. The Department of Education,  
               in March 2015, disseminated a letter to all school  








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               districts requesting DOC's to self-identify and provide  
               data required by existing law. 

               It seems reasonable to extend the program until the  
               evaluation is complete and a recommendation is provided by  
               LAO.  For the purposes of ensuring, the evaluation is  
               submitted within a reasonable time frame, Staff recommends  
               updating the completion and submission date from November  
               1, 2014 to November 1, 2015 per Section 48316 of the  
               Education Code. 

          3.   Prior legislation.
          
               SB 680 (Romero and Huff, 2009) extended the inoperative and  
               repeal dates for which school districts are permitted to  
               enroll pupils who reside in another school district by  
               declaring to be a "school district of choice," and repealed  
               the prohibition on new districts electing to become a DOC. 

               AB 1407 (Huffman, 2009) would have extended the sunset and  
               repeal dates for the DOC programs for 5 years and required  
               a census report on DOC by California Department of  
               Education by November 2010.  The bill was held on the  
               Assembly Appropriations Committee suspense file.

               AB 270 (Huff, 2007) would have extended the authority for  
               DOC inter-district transfers from July 1, 2007 to July 1,  
               2009, prohibited additional districts from becoming DOCs,  
               and required school districts (electing to accept  
               transfers) to maintain records on the number of requests it  
               receives and annually report the number of requests it  
               receives to the Superintendent of Public Instruction.  The  
               language of this bill was incorporated into SB 80 (Budget  
               Bill, 2007).

               AB 97 (Nation, 2004) extended the sunset date for one year  
               for the DOC authorization and required the SPI to continue  
               the calculation for the Special Disabilities Adjustment  
               using the current incidence multiplier to allow special  
               education local plan areas to continue to receive funds  
               provided through 2003-04 until a new multiplier is  
               calculated.

               AB 19 (Quackenbush, 1993) established school DOC and  








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               allowed the governing board of any school district to  
               declare the district to be a DOC willing to accept a  
               specified number of inter-district transfers.

            SUPPORT
          
          Alexander Valley Union School District
          Glendora Unified School District
          Inyo County Superintendent of Schools
          Mendocino Unified School District
          Riverside Unified School District
          Round Valley Joint Elementary School
          Round Valley Parent Teacher Organization
          Round Valley School Step Foundation 
          San Rafael City Schools  
          Vista Del Mar Union School District
          Walnut Valley Unified School District

            OPPOSITION
           
           None received. 

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