Amended in Senate April 21, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1156

Introduced by Senator Huff

February 18, 2016

An act to begin insert amend Section 48360 of, and to end insert amend, repeal, and add Sections 48352, 48354, and 48356 begin delete of end delete begin insert of, end insert the Education Code, relating to school accountability.

LEGISLATIVE COUNSEL’S DIGEST

SB 1156, as amended, Huff. School accountability: Open Enrollment Act: low-achieving schools.

begin delete

Commencing

end delete

begin insert (1) end insert begin insert   end insert begin insert Commencing end insert with the 2017-18 school year, the federal Elementary and Secondary Education Act of 1965, as amended by the federal Every Student Succeeds Act, requires the state to identify schools for comprehensive support and improvement pursuant to specified accountability system requirements.

Existing state 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 other than the school district in which the parent resides, as specified. The act defines “low-achieving school” to mean a school on a list created annually by the Superintendent begin insert of Public Instruction end insert of 1,000 schools ranked by increasing Academic Performance Index score with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008-09 school year.

Commencing July 1, begin delete 2017, end delete begin insert 2018, end insert this bill would instead define a “low-achieving school” for purposes of the Open Enrollment Act to include, among others, a school identified by the Superintendent or the State Board of Education for comprehensive support and improvement pursuant to federal specified accountability system requirements, including, among others, a school identified as being in the lowest performing 5% of all begin insert Title I end insert schools, or a high school failing to graduate 1⁄3 or more of its pupils. begin insert Notwithstanding those provisions, the bill would provide that a “low-achieving school” shall not include a court, community, or community day school, or a charter school. end insert The bill would also make conforming changes. 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.

begin insert

(2) Existing law requires the Superintendent of Public Instruction to contract for an independent evaluation of the open enrollment program, as provided. Existing law requires the Superintendent to provide a final evaluation report to the Legislature, Governor, and State Board of Education on or before October 1, 2014.

end insert begin insert

This bill would require the Superintendent, in conjunction with the Legislative Analyst’s Office, to complete an evaluation of, and to make recommendations on, the open enrollment program, as provided. The bill would require the Superintendent to submit the final evaluation report to the Legislature, Governor, and state board no later than one year after the implementation of the state’s new accountability system.

end insert begin delete

The

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begin insert (3) end insert begin insert   end insert begin insert The end insert 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:

SECTION 1.  

Section 48352 of the Education Code is amended
to read:

48352.  

(a) For purposes of this article, the following definitions
apply:

(1) “Low-achieving school” means any school on a list created
by the Superintendent pursuant to the following:

(A) Consistent with subparagraph (B), the Superintendent
annually shall create a list of 1,000 schools ranked by increasing
API with the same ratio of elementary, middle, and high schools
as existed in decile 1 in the 2008-09 school year.

(B) In constructing the list of 1,000 schools each year, the
Superintendent shall ensure each of the following:

(i) A local educational agency shall not have more than 10
percent of its schools on the list. However, if the number of schools
in a local educational agency is not evenly divisible by 10, the
Superintendent shall round up to the next whole number of schools.

(ii) Court, community, or community day schools shall not be
included on the list.

(iii) Charter schools shall not be included on the list.

(2) “Parent” means the natural or adoptive parent or guardian
of a dependent child.

(3) “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.

(4) “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.

(b) This section shall become inoperative on July 1, begin delete 2017, end delete begin insert 2018, end insert
and, as of January 1, begin delete 2018, end delete begin insert 2019, end insert is repealed, unless a later enacted
statute, that becomes operative on or before January 1, begin delete 2018, end delete begin insert 2019, end insert
deletes or extends the dates on which it becomes inoperative and
is repealed.

SEC. 2.  

Section 48352 is added to the Education Code, to read:

48352.  

(a) For purposes of this article, the following definitions
apply:

(1)  begin insert (A) end insert begin insert   end insert “Low-achieving school” means either of the following:

begin delete

(A)

end delete

begin insert (i) end insert  A school that is identified by the Superintendent or the state
board for comprehensive support and improvement pursuant to
the accountability system requirements of the federal Elementary
and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as
amended by the federal Every Student Succeeds Act (Public Law
114-95), including all of the following:

begin delete

(i)

end delete

begin insert (I) end insert  A school identified as being in the lowest performing 5
percent of all begin insert Title I end insert schools.

begin delete

(ii)

end delete

begin insert (II) end insert  A high school that fails to graduate one-third or more of its
pupils.

begin delete

(iii)

end delete

begin insert (III) end insert  A school subject to a mandatory targeted support and
improvement plan.

begin delete

(B)

end delete

begin insert (ii) end insert  A school receiving mandatory assistance pursuant to
subdivision (f) of Section 52074.

begin insert

(B) Notwithstanding subparagraph (A), a “low-achieving
school” shall not include the following schools:

end insert begin insert

(i) Court, community, or community day schools.

end insert begin insert

(ii) Charter schools.

end insert

(2) “Parent” means the natural or adoptive parent or guardian
of a dependent child.

(3) “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.

(4) “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.

(b) This section shall become operative on July 1, begin delete 2017. end delete begin insert 2018. end insert

SEC. 3.  

Section 48354 of the Education Code is amended to
read:

48354.  

(a) The parent of a pupil enrolled in a low-achieving
school 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
low-achieving school, as determined pursuant to paragraph (1) of
subdivision (a) of Section 48352, 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.

(c) This section shall become inoperative on July 1, begin delete 2017, end delete begin insert 2018, end insert
and, as of January 1, begin delete 2018, end delete begin insert 2019, end insert is repealed, unless a later enacted
statute, that becomes operative on or before January 1, begin delete 2018, end delete begin insert 2019, end insert
deletes or extends the dates on which it becomes inoperative and
is repealed.

SEC. 4.  

Section 48354 is added to the Education Code, to read:

48354.  

(a) The parent of a pupil enrolled in a low-achieving
school 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 authorization in Section
1111(d)(1)(D) of the federal Elementary and Secondary Education
Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal
Every Student Succeeds Act (Public Law 114-95), on or before
the first day of the school year, or, if later, on the date of the notice
of identification of schools for comprehensive support and
improvement, the school district of residence shall provide the
parents and guardians of all pupils enrolled in a low-achieving
school, as determined pursuant to paragraph (1) of subdivision (a)
of Section 48352, 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.

(c) This section shall become operative on July 1, begin delete 2017. end delete begin insert 2018. end insert

SEC. 5.  

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
nonresident school district 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 begin delete resident end delete begin insert nonresident end insert
pupil who is enrolled in one of the school 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, as determined pursuant to paragraph (1) of
subdivision (a) of Section 48352.

(3) 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) and (2) 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.

(g) This section shall become inoperative on July 1, begin delete 2017, end delete begin insert 2018, end insert
and, as of January 1, begin delete 2018, end delete begin insert 2019, end insert is repealed, unless a later enacted
statute, that becomes operative on or before January 1, begin delete 2018, end delete begin insert 2019, end insert
deletes or extends the dates on which it becomes inoperative and
is repealed.

SEC. 6.  

Section 48356 is added to the Education Code, 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 begin delete resident end delete begin insert nonresident end insert
pupil who is enrolled in one of the school 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 not identified as being low-achieving pursuant
to paragraph (1) of subdivision (a) of Section 48352 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 unduplicated pupils, as defined in
paragraph (1) of subdivision (b) of Section 42238.02, transferring
from a low-achieving school, as determined pursuant to paragraph
(1) of subdivision (a) of Section 48352.

(3) 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) and (2) 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.

(g) This section shall become operative on July 1, begin delete 2017. end delete begin insert 2018. end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 48360 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48360.  

(a)  begin delete From federal funds appropriated for this purpose,
the Superintendent shall contract for end delete begin insert The Superintendent, in
conjunction with the Legislative Analyst’s Office, shall complete end insert
an begin delete independent end delete evaluation of the open enrollment program operated
pursuant to this article. The evaluation shall, at a minimum,
consider all of the following:

(1) The levels of, and changes in, academic achievement of
pupils in school districts of residence and school districts of
enrollment for pupils who do and do not elect to enroll in a school
district of enrollment.

(2) Fiscal and programmatic effects on school districts of
residence and school districts of enrollment.

(3) Numbers and demographic and socioeconomic characteristics
of pupils who do and do not elect to enroll in a school district of
enrollment.

(b)  begin insert (1) end insert begin insert   end insert The begin delete Superintendent shall provide a end delete begin insert Superintendent, in
conjunction with the Legislative Analyst’s Office, shall make
recommendations on any additional or revised eligibility criteria
for the open enrollment program based on the state’s new
accountability system adopted for purposes of complying with the
federal Elementary and Secondary Education Act of 1965 (20
U.S.C. Sec. 6311), as amended by the federal Every Student
Succeeds Act (Public Law 114-95), including the use of local
control funding formula unduplicated subgroup criteria, and may
also include recommendations on whether other open enrollment
program provisions should be altered, expanded, or deleted. The end insert
final evaluation report begin insert shall be submitted end insert to the Legislature,
Governor, and state board begin delete on or before October 1, 2014. end delete begin insert no later
than one year after the implementation of the state’s new
accountability system adopted for purposes of complying with the
federal Elementary and Secondary Education Act of 1965 (20
U.S.C. Sec. 6311), as amended by the federal Every Student
Succeeds Act (Public Law 114-95). end insert

begin insert

(2) The final evaluation report required pursuant to paragraph
(1) shall be submitted in compliance with Section 9795 of the
Government Code.

end insert

begin delete SEC. 7. end delete

begin insert SEC. 8. 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.