Amended in Senate June 1, 2016

Amended in Senate April 21, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1156


Introduced by Senator Huff

February 18, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

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

(1) Commencing 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 of Public Instruction 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, 2018, 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 Title I schools, or a high school failing to graduate 13 or more of its pupils. 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. 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.

(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.

This bill would require thebegin delete Superintendent, in conjunction with theend delete Legislative Analyst’sbegin delete Office,end deletebegin insert Officeend insert to complete an evaluation of, and to make recommendations on, the open enrollment program, as provided. The bill would require thebegin delete Superintendentend deletebegin insert Legislative Analyst’s Officeend insert to submit the final evaluation report to the Legislature, Governor, and state boardbegin delete no later than one year after the implementation of the state’s new accountability system.end deletebegin insert on or before December 1, 2021. The bill would require the Superintendent to provide the data necessary to complete the report to the Legislative Analyst’s Office by December 1, 2020.end insert

(3) 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.

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:

P3    1

SECTION 1.  

Section 48352 of the Education Code is amended
2to read:

3

48352.  

(a) For purposes of this article, the following definitions
4apply:

5(1) “Low-achieving school” means any school on a list created
6by the Superintendent pursuant to the following:

7(A) Consistent with subparagraph (B), the Superintendent
8annually shall create a list of 1,000 schools ranked by increasing
9API with the same ratio of elementary, middle, and high schools
10as existed in decile 1 in the 2008-09 school year.

11(B) In constructing the list of 1,000 schools each year, the
12Superintendent shall ensure each of the following:

13(i) A local educational agency shall not have more than 10
14percent of its schools on the list. However, if the number of schools
15in a local educational agency is not evenly divisible by 10, the
16Superintendent shall round up to the next whole number of schools.

17(ii) Court, community, or community day schools shall not be
18included on the list.

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

20(2) “Parent” means the natural or adoptive parent or guardian
21of a dependent child.

22(3) “School district of enrollment” means a school district other
23than the school district in which the parent of a pupil resides, but
24in which the parent of the pupil nevertheless intends to enroll the
25pupil pursuant to this article.

26(4) “School district of residence” means a school district in
27which the parent of a pupil resides and in which the pupil would
28otherwise be required to enroll pursuant to Section 48200.

29(b) This section shall become inoperative on July 1, 2018, and,
30as of January 1, 2019, is repealed, unless a later enacted statute,
31that becomes operative on or before January 1, 2019, deletes or
32extends the dates on which it becomes inoperative and is repealed.

33

SEC. 2.  

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

34

48352.  

(a) For purposes of this article, the following definitions
35apply:

36(1) (A) “Low-achieving school” means either of the following:

37(i) A school that is identified by the Superintendent or the state
38board for comprehensive support and improvement pursuant to
P4    1the accountability system requirements of the federal Elementary
2and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as
3amended by the federal Every Student Succeeds Act (Public Law
4114-95), including all of the following:

5(I) A school identified as being in the lowest performing 5
6percent of all Title I schools.

7(II) A high school that fails to graduate one-third or more of its
8pupils.

9(III) A school subject to a mandatory targeted support and
10improvement plan.

11(ii) A school receiving mandatory assistance pursuant to
12subdivision (f) of Section 52074.

13(B) Notwithstanding subparagraph (A), a “low-achieving
14school” shall not include the following schools:

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

16(ii) Charter schools.

17(2) “Parent” means the natural or adoptive parent or guardian
18of a dependent child.

19(3) “School district of enrollment” means a school district other
20than the school district in which the parent of a pupil resides, but
21in which the parent of the pupil nevertheless intends to enroll the
22pupil pursuant to this article.

23(4) “School district of residence” means a school district in
24which the parent of a pupil resides and in which the pupil would
25otherwise be required to enroll pursuant to Section 48200.

26(b) This section shall become operative on July 1, 2018.

27

SEC. 3.  

Section 48354 of the Education Code is amended to
28read:

29

48354.  

(a) The parent of a pupil enrolled in a low-achieving
30school may submit an application for the pupil to attend a school
31in a school district of enrollment pursuant to this article.

32(b) (1) Consistent with the requirements of Section
331116(b)(1)(E) of the federal Elementary and Secondary Education
34Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first
35day of the school year, or, if later, on the date the notice of program
36improvement, corrective action, or restructuring status is required
37to be provided under federal law, the school district of residence
38shall provide the parents and guardians of all pupils enrolled in a
39low-achieving school, as determined pursuant to paragraph (1) of
40subdivision (a) of Section 48352, with notice of the option to
P5    1transfer to another public school served by the school district of
2residence or another school district.

3(2) An application requesting a transfer pursuant to this article
4shall be submitted by the parent of a pupil to the school district of
5enrollment before January 1 of the school year preceding the school
6year for which the pupil is requesting to transfer. The school district
7of enrollment may waive the deadline specified in this paragraph.

8(3) The application deadline specified in paragraph (2) does not
9apply to an application requesting a transfer if the parent, with
10whom the pupil resides, is enlisted in the military and was relocated
11by the military within 90 days before submitting the application.

12(4) The application may request enrollment of the pupil in a
13specific school or program within the school district of enrollment.

14(5) A pupil may enroll in a school in the school district of
15enrollment in the school year immediately following the approval
16of his or her application.

17(6) In order to provide priority enrollment opportunities for
18pupils residing in the school district, a school district of enrollment
19shall establish a period of time for resident pupil enrollment before
20accepting transfer applications pursuant to this article.

21(c) This section shall become inoperative on July 1, 2018, and,
22as of January 1, 2019, is repealed, unless a later enacted statute,
23that becomes operative on or before January 1, 2019, deletes or
24extends the dates on which it becomes inoperative and is repealed.

25

SEC. 4.  

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

26

48354.  

(a) The parent of a pupil enrolled in a low-achieving
27school may submit an application for the pupil to attend a school
28in a school district of enrollment pursuant to this article.

29(b) (1) Consistent with the authorization in Section
301111(d)(1)(D) of the federal Elementary and Secondary Education
31Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal
32Every Student Succeeds Act (Public Law 114-95), on or before
33the first day of the school year, or, if later, on the date of the notice
34of identification of schools for comprehensive support and
35improvement, the school district of residence shall provide the
36parents and guardians of all pupils enrolled in a low-achieving
37school, as determined pursuant to paragraph (1) of subdivision (a)
38of Section 48352, with notice of the option to transfer to another
39public school served by the school district of residence or another
40school district.

P6    1(2) An application requesting a transfer pursuant to this article
2shall be submitted by the parent of a pupil to the school district of
3enrollment before January 1 of the school year preceding the school
4year for which the pupil is requesting to transfer. The school district
5of enrollment may waive the deadline specified in this paragraph.

6(3) The application deadline specified in paragraph (2) does not
7apply to an application requesting a transfer if the parent, with
8whom the pupil resides, is enlisted in the military and was relocated
9by the military within 90 days before submitting the application.

10(4) The application may request enrollment of the pupil in a
11specific school or program within the school district of enrollment.

12(5) A pupil may enroll in a school in the school district of
13enrollment in the school year immediately following the approval
14of his or her application.

15(6) In order to provide priority enrollment opportunities for
16pupils residing in the school district, a school district of enrollment
17shall establish a period of time for resident pupil enrollment before
18accepting transfer applications pursuant to this article.

19(c) This section shall become operative on July 1, 2018.

20

SEC. 5.  

Section 48356 of the Education Code is amended to
21read:

22

48356.  

(a) A school district of enrollment may adopt specific,
23written standards for acceptance and rejection of applications
24pursuant to this article. The standards may include consideration
25of the capacity of a program, class, grade level, school building,
26or adverse financial impact. Subject to subdivision (b), and except
27as necessary in accordance with Section 48355, the standards shall
28not include consideration of a pupil’s previous academic
29achievement, physical condition, proficiency in the English
30language, family income, or any of the individual characteristics
31set forth in Section 200.

32(b) In considering an application pursuant to this article, a
33nonresident school district may apply its usual requirements for
34admission to a magnet school or a program designed to serve gifted
35and talented pupils.

36(c) Subject to the rules and standards that apply to pupils who
37reside in the school district of enrollment, a nonresident pupil who
38is enrolled in one of the school district’s schools pursuant to this
39article shall not be required to submit an application in order to
40remain enrolled.

P7    1(d) A school district of enrollment shall ensure that pupils
2enrolled pursuant to standards adopted pursuant to this section are
3enrolled in a school with a higher Academic Performance Index
4than the school in which the pupil was previously enrolled and are
5selected through a random, unbiased process that prohibits an
6evaluation of whether or not the pupil should be enrolled based
7 on his or her individual academic or athletic performance, or any
8of the other characteristics set forth in subdivision (a), except that
9pupils applying for a transfer pursuant to this article shall be
10assigned priority for approval as follows:

11(1) First priority for the siblings of children who already attend
12the desired school.

13(2) Second priority for pupils transferring from a program
14improvement school ranked in decile 1 on the Academic
15Performance Index, as determined pursuant to paragraph (1) of
16subdivision (a) of Section 48352.

17(3) If the number of pupils who request a particular school
18exceeds the number of spaces available at that school, a lottery
19shall be conducted in the group priority order identified in
20paragraphs (1) and (2) to select pupils at random until all of the
21available spaces are filled.

22(e) The initial application of a pupil for transfer to a school
23within a school district of enrollment shall not be approved if the
24transfer would require the displacement from the desired school
25of any other pupil who resides within the attendance area of that
26school or is currently enrolled in that school.

27(f) A pupil approved for a transfer to a school district of
28enrollment pursuant to this article shall be deemed to have fulfilled
29the requirements of Section 48204.

30(g) This section shall become inoperative on July 1, 2018, and,
31as of January 1, 2019, is repealed, unless a later enacted statute,
32 that becomes operative on or before January 1, 2019, deletes or
33extends the dates on which it becomes inoperative and is repealed.

34

SEC. 6.  

Section 48356 is added to the Education Code, to read:

35

48356.  

(a) A school district of enrollment may adopt specific,
36written standards for acceptance and rejection of applications
37pursuant to this article. The standards may include consideration
38of the capacity of a program, class, grade level, school building,
39or adverse financial impact. Subject to subdivision (b), and except
40as necessary in accordance with Section 48355, the standards shall
P8    1not include consideration of a pupil’s previous academic
2achievement, physical condition, proficiency in the English
3language, family income, or any of the individual characteristics
4set forth in Section 200.

5(b) In considering an application pursuant to this article, a school
6district of enrollment may apply its usual requirements for
7admission to a magnet school or a program designed to serve gifted
8and talented pupils.

9(c) Subject to the rules and standards that apply to pupils who
10reside in the school district of enrollment, a nonresident pupil who
11is enrolled in one of the school district’s schools pursuant to this
12article shall not be required to submit an application in order to
13remain enrolled.

14(d) A school district of enrollment shall ensure that pupils
15enrolled pursuant to standards adopted pursuant to this section are
16enrolled in a school not identified as beingbegin insert aend insert low-achievingbegin insert schoolend insert
17 pursuant to paragraph (1) of subdivision (a) of Section 48352 and
18are selected through a random, unbiased process that prohibits an
19evaluation of whether or not the pupil should be enrolled based
20on his or her individual academic or athletic performance, or any
21of the other characteristics set forth in subdivision (a), except that
22pupils applying for a transfer pursuant to this article shall be
23assigned priority for approval as follows:

24(1) First priority for the siblings of children who already attend
25the desired school.

26(2) Second priority for unduplicated pupils, as defined in
27paragraph (1) of subdivision (b) of Section 42238.02, transferring
28from a low-achieving school, as determined pursuant to paragraph
29(1) of subdivision (a) of Section 48352.

30(3) If the number of pupils who request a particular school
31exceeds the number of spaces available at that school, a lottery
32shall be conducted in the group priority order identified in
33paragraphs (1) and (2) to select pupils at random until all of the
34available spaces are filled.

35(e) The initial application of a pupil for transfer to a school
36within a school district of enrollment shall not be approved if the
37transfer would require the displacement from the desired school
38of any other pupil who resides within the attendance area of that
39school or is currently enrolled in that school.

P9    1(f) A pupil approved for a transfer to a school district of
2enrollment pursuant to this article shall be deemed to have fulfilled
3the requirements of Section 48204.

4(g) This section shall become operative on July 1, 2018.

5

SEC. 7.  

Section 48360 of the Education Code is amended to
6read:

7

48360.  

(a) Thebegin delete Superintendent, in conjunction with theend delete
8 Legislative Analyst’sbegin delete Office,end deletebegin insert Officeend insert shall complete an evaluation
9of the open enrollment program operated pursuant to this article.
10The evaluation shall, at a minimum, consider all of the following:

11(1) The levels of, and changes in, academic achievement of
12pupils in school districts of residence and school districts of
13enrollment for pupils who do and do not elect to enroll in a school
14district of enrollment.

15(2) Fiscal and programmatic effects on school districts of
16residence and school districts of enrollment.

17(3) Numbers and demographic and socioeconomic characteristics
18of pupils who do and do not elect to enroll in a school district of
19enrollment.

20(b) begin delete(1)end deletebegin deleteend deleteThebegin delete Superintendent, in conjunction with theend delete Legislative
21Analyst’sbegin delete Office,end deletebegin insert Officeend insert shall make recommendations on any
22additional or revised eligibility criteria for the open enrollment
23program based on the state’s new accountability system adopted
24for purposes of complying with the federal Elementary and
25Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as
26amended by the federal Every Student Succeeds Act (Public Law
27114-95), including the use of local control funding formula
28unduplicated subgroup criteria, and may also include
29recommendations on whether other open enrollment program
30provisions should be altered, expanded, or deleted. The final
31evaluation report shall be submittedbegin insert by the Legislative Analyst’s
32Officeend insert
to the Legislature, Governor, and state board begin delete no later than
33one year after the implementation of the state’s new accountability
34system adopted for purposes of complying with the federal
35Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec.
366311), as amended by the federal Every Student Succeeds Act
37(Public Law 114-95).end delete
begin insert on or before December 1, 2021. The
38Superintendent shall provide the data necessary to complete the
39report to the Legislative Analyst’s Office by December 1, 2020.end insert

begin delete

P10   1(2) The final evaluation report required pursuant to paragraph
2(1) shall be submitted in compliance with Section 9795 of the
3Government Code.

end delete
4

SEC. 8.  

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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