Amended in Assembly June 30, 2016

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,begin delete andend delete to amend, repeal, and add Sections 48352, 48354,begin delete and 48356end deletebegin insert 48356, and 48359, to add Sections 48357.5, 48359.3, and 48362 to, and to repeal Article 10 (commencing with Section 48350) of Chapter 2 of Part 27 of Division 4 of Title 2end insert 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 Enrollmentbegin delete Act,end deletebegin insert Act (the act),end insert 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 thebegin delete Open Enrollment Actend deletebegin insert actend insert 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.begin delete Notwithstanding those provisions, theend deletebegin insert Theend insert bill would provide that a “low-achieving school” shall not include a court, community, or community daybegin delete school, or a charter school.end deletebegin insert school, limit the total number of low-achieving schools to no more than 1,000, and prohibit more than 10% of a local educational agency’s schools from being low-performing. Commencing July 1, 2018, the bill would prohibit a school district of enrollment from not accepting transfers due to the costs associated with those transfers or because the pupil is special needs, including an individual with exceptional needs, or the pupil is an English learner, and would authorize a school district of residence to prohibit or limit transfers pursuant to the act only in specified circumstances relating to desegregation.end insert The bill would also make conforming changes. To the extent the bill would expand the duties of school districts under thebegin delete Open Enrollment Act,end deletebegin insert act,end insert the bill would impose a state-mandated local program.

begin insert

(2) The act encourages each school district to keep an accounting of all requests made for alternative attendance pursuant to the act and records of all disposition of those requests, as provided.

end insert
begin insert

Commencing July 1, 2018, this bill would instead require each school district of enrollment to keep that information and would require the Superintendent to collect that information, as provided. On or before July 1, 2017, the bill would require the Superintendent to report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analyst’s Office, the plan for collecting the information. Commencing July 1, 2018, the bill would require the school district of enrollment, on or before May 15 of each year, to report the information to each school district that is geographically adjacent, to its county office of education, and to the Superintendent, as specified, and would also require the Superintendent to annually make certain information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analyst’s Office, as provided. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.

end insert
begin delete

(2) Existing law requires the Superintendent of Public Instruction

end delete

begin insert(3)end insertbegin insertend insertbegin insertThe act requires the Superintendentend insert 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 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 Legislative Analyst’s Office to submit the final evaluation report to the Legislature, Governor, and state board 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.

begin insert

(4) This bill would make the act inoperative on July 1, 2022, and would repeal the act on January 1, 2023.

end insert
begin delete

(3)

end delete

begin insert(5)end insert 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
P4    1API with the same ratio of elementary, middle, and high schools
2as existed in decile 1 in the 2008-09 school year.

3(B) In constructing the list of 1,000 schools each year, the
4Superintendent shall ensure each of the following:

5(i) A local educational agency shall not have more than 10
6percent of its schools on the list. However, if the number of schools
7in a local educational agency is not evenly divisible by 10, the
8Superintendent shall round up to the next whole number of schools.

9(ii) Court, community, or community day schools shall not be
10included on the list.

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

12(2) “Parent” means the natural or adoptive parent or guardian
13of a dependent child.

14(3) “School district of enrollment” means a school district other
15than the school district in which the parent of a pupil resides, but
16in which the parent of the pupil nevertheless intends to enroll the
17pupil pursuant to this article.

18(4) “School district of residence” means a school district in
19which the parent of a pupil resides and in which the pupil would
20otherwise be required to enroll pursuant to Section 48200.

21(b) 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. 2.  

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

26

48352.  

(a) For purposes of this article, the following definitions
27apply:

28(1) (A) “Low-achieving school” means either of the following:

29(i) A school that is identified by the Superintendent or the state
30board for comprehensive support and improvement pursuant to
31the accountability system requirements of the federal Elementary
32and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as
33amended by the federal Every Student Succeeds Act (Public Law
34114-95), including all of the following:

35(I) A school identified as being in the lowest performing 5
36percent of all Title I schools.

37(II) A high school that fails to graduate one-third or more of its
38pupils.

39(III) A school subject to a mandatory targeted support and
40improvement plan.

P5    1(ii) A school receiving mandatory assistance pursuant to
2subdivision (f) of Section 52074.

3(B) Notwithstanding subparagraph (A), a “low-achieving
4school” shall not includebegin delete the following schools:end deletebegin insert court, community,
5or community day schools.end insert

begin delete

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

end delete
begin delete

7(ii) Charter schools.

end delete

8(2) “Parent” means the natural or adoptive parent or guardian
9of a dependent child.

10(3) “School district of enrollment” means a school district other
11than the school district in which the parent of a pupil resides, but
12in which the parent of the pupil nevertheless intends to enroll the
13pupil pursuant to this article.

14(4) “School district of residence” means a school district in
15which the parent of a pupil resides and in which the pupil would
16otherwise be required to enroll pursuant to Section 48200.

begin insert

17
(b) The number of schools identified as low-achieving schools
18shall not exceed 1,000 schools.

end insert
begin insert

19
(c) A local educational agency shall not have more than 10
20percent of its schools identified as low-achieving schools. However,
21if the number of schools in a local educational agency is not evenly
22divisible by 10, the Superintendent shall round up to the next whole
23number of schools.

end insert
begin delete

24(b)

end delete

25begin insert(d)end insert This section shall become operative on July 1, 2018.

26

SEC. 3.  

Section 48354 of the Education Code is amended to
27read:

28

48354.  

(a) The parent of a pupil enrolled in a low-achieving
29school may submit an application for the pupil to attend a school
30in a school district of enrollment pursuant to this article.

31(b) (1) Consistent with the requirements of Section
321116(b)(1)(E) of the federal Elementary and Secondary Education
33Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first
34day of the school year, or, if later, on the date the notice of program
35improvement, corrective action, or restructuring status is required
36to be provided under federal law, the school district of residence
37shall provide the parents and guardians of all pupils enrolled in a
38low-achieving school, as determined pursuant to paragraph (1) of
39subdivision (a) of Section 48352, with notice of the option to
P6    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.

P7    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.

P8    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
P9    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 being a low-achieving school
17pursuant 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.

P10   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.

begin insert

4
(g) Communications to parents by school districts of enrollment
5shall be factually accurate and not target individual parents or
6residential neighborhoods on the basis of a child’s actual or
7perceived academic or athletic performance or any other personal
8characteristic.

end insert
begin insert

9
(h) All communications from the school district of enrollment
10regarding the transfer opportunities pursuant to this article shall
11be available in all languages required for the school district of
12residence pursuant to Section 48985.

end insert
begin insert

13
(i) (1) The school district of enrollment shall not prohibit a
14transfer of a pupil under this article based upon a determination
15by the governing board of that school district that the additional
16cost of educating the pupil would exceed the amount of additional
17state aid received as a result of the transfer. A school district of
18enrollment shall not reject the transfer of a special needs pupil,
19including an individual with exceptional needs, as defined in
20Section 56026, or an English learner.

end insert
begin insert

21
(2) This subdivision is intended to ensure that special education,
22bilingual, English learner, or other special needs pupils are not
23discriminated against by the school district of enrollment because
24of the costs associated with educating those pupils. Pupils with
25special needs may take full advantage of the choice options
26available under this article.

end insert
begin insert

27
(j) A school district of enrollment, with respect to compliance
28with subdivisions (d) and (g), shall be subject to the audit
29conducted pursuant to Section 41020.

end insert
begin delete

30(g)

end delete

31begin insert(k)end insert This section shall become operative on July 1, 2018.

32begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 48357.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
33read:end insert

begin insert
34

begin insert48357.5.end insert  

(a) A school district of residence, upon notification
35of the pupil’s acceptance to the school district of enrollment, may
36prohibit the transfer of a pupil under this article or limit the
37number of pupils so transferred if the governing board of the school
38district of residence determines that the transfer would negatively
39impact any of the following:

P11   1
(1) The court-ordered desegregation plan of the school district
2of residence.

3
(2) The voluntary desegregation plan of the school district of
4residence, consistent with the provisions of Proposition 209, an
5initiative measure adopted by the voters at the November 5, 1996,
6General Election.

7
(3) The racial and ethnic balance of the school district of
8residence, consistent with the provisions of Proposition 209, an
9initiative measure adopted by the voters at the November 5, 1996,
10General Election.

11
(b) This section shall become operative on July 1, 2018.

end insert
12begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 48359 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
13read:end insert

14

48359.  

(a) Each school district is encouraged to keep an
15accounting of all requests made for alternative attendance pursuant
16to this article and records of all disposition of those requests that
17may include, but are not limited to, all of the following:

18(1) The number of requests granted, denied, or withdrawn. In
19the case of denied requests, the records may indicate the reasons
20for the denials.

21(2) The number of pupils who transfer out of the district.

22(3) The number of pupils who transfer into the district.

23(4) The race, ethnicity, gender, self-reported socioeconomic
24status, and the school district of residence of each of the pupils
25described in paragraphs (2) and (3).

26(5) The number of pupils described in paragraphs (2) and (3)
27who are classified as English learners or identified as individuals
28with exceptional needs, as defined in Section 56026.

29(b) The information maintained pursuant to subdivision (a) may
30be reported to the governing board of the school district at a
31regularly scheduled meeting of the governing board.

begin insert

32
(c) This section shall become inoperative on July 1, 2018, and,
33as of January 1, 2019, is repealed, unless a later enacted statute,
34that becomes operative on or before January 1, 2019, deletes or
35extends the dates on which it becomes inoperative and is repealed.

end insert
36begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 48359 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

begin insert
37

begin insert48359.end insert  

(a) Each school district of enrollment shall keep an
38accounting of all requests made for alternative attendance pursuant
39to this article and records of all disposition of those requests that
40may include, but are not limited to, all of the following:

P12   1
(1) The number of requests granted, denied, or withdrawn. In
2the case of denied requests, the records shall indicate the reasons
3for the denials.

4
(2) The number of pupils who transfer out of the school district
5of residence pursuant to this article.

6
(3) The number of pupils who transfer into the school district
7of enrollment pursuant to this article.

8
(4) The race, ethnicity, gender, self-reported socioeconomic
9status, and the school district of residence of each of the pupils
10described in paragraphs (2) and (3).

11
(5) The number of pupils described in paragraphs (2) and (3)
12who are classified as English learners or identified as individuals
13with exceptional needs, as defined in Section 56026.

14
(b) The information maintained pursuant to subdivision (a)
15shall be reported to the governing board of the school district of
16enrollment at a regularly scheduled meeting of the governing
17board. No later than May 15th of each year, the school district of
18enrollment shall report the information maintained pursuant to
19subdivision (a) for that school year to each school district that is
20geographically adjacent to the school district of enrollment, the
21county office of education in which the school district of enrollment
22is located, and the Superintendent through the California
23Longitudinal Pupil Achievement Data System or other electronic
24program.

25
(c) The Superintendent shall do both of the following:

26
(1) Collect the information specified in subdivision (a) from
27each school district of enrollment. The Superintendent shall ensure
28that school districts of enrollment provide this information in a
29complete format. The Superintendent may provide a template for
30school districts of enrollment to use and may issue guidance
31regarding the procedures for collecting and reporting data.

32
(2) Post the information collected pursuant to paragraph (1)
33on the department’s Internet Web site. The information shall be
34accompanied by an explanation of the transfers authorized by this
35article. The Superintendent shall make this information available
36by request to any school district.

37
(d) The Superintendent may require the information specified
38in subdivision (a) to be provided through the California
39Longitudinal Pupil Achievement Data System, another data
40collection system administered by the department, or another
P13   1manner authorized by the Superintendent. It is the intent of the
2Legislature that the Superintendent collect the data in a manner
3that minimizes the administrative burden for school districts and
4the department.

5
(e) The Superintendent shall annually make all of the following
6information available to the appropriate fiscal and policy
7committees of the Legislature, the Governor, and the Legislative
8Analyst’s Office:

9
(1) The number and characteristics of pupils who use the school
10district open enrollment option pursuant to this article.

11
(2) The assessment scores of schools in school districts of
12residence and school districts of enrollment pursuant to subdivision
13(b) of Section 60640.

14
(3) The graduation rates of school districts of enrollment and
15school districts of residence.

16
(4) The enrollment of school districts of residence and school
17districts of enrollment for the previous five years.

18
(5) The fiscal health of school districts of residence and school
19districts of enrollment, including, but not limited to, both of the
20following:

21
(A) Increasing or declining enrollment.

22
(B) Whether a school district received a negative or qualified
23rating pursuant to Section 42131.

24
(6) Other information the Superintendent deems appropriate.

25
(f) This section shall become operative on July 1, 2018.

end insert
26begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 48359.3 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
27read:end insert

begin insert
28

begin insert48359.3.end insert  

On or before July 1, 2017, the Superintendent shall
29report to the appropriate fiscal and policy committees of the
30Legislature, the Governor, and the Legislative Analyst’s Office a
31description of the plan for collecting the data specified in
32subdivision (a) of Section 48359, as required pursuant to
33subdivisions (c) and (d) of Section 48359, as added by the act
34adding this section.

end insert
35

begin deleteSEC. 7.end delete
36
begin insertSEC. 11.end insert  

Section 48360 of the Education Code is amended to
37read:

38

48360.  

(a) The Legislative Analyst’s Office shall complete an
39evaluation of the open enrollment program operated pursuant to
P14   1this article. The evaluation shall, at a minimum, consider all of the
2following:

3(1) The levels of, and changes in, academic achievement of
4pupils in school districts of residence and school districts of
5enrollment for pupils who do and do not elect to enroll in a school
6district of enrollment.

7(2) Fiscal and programmatic effects on school districts of
8residence and school districts of enrollment.

9(3) Numbers and demographic and socioeconomic characteristics
10of pupils who do and do not elect to enroll in a school district of
11enrollment.

12(b) The Legislative Analyst’s Office shall make
13recommendations on any additional or revised eligibility criteria
14for the open enrollment program based on the state’s new
15accountability system adopted for purposes of complying with the
16federal Elementary and Secondary Education Act of 1965 (20
17U.S.C. Sec. 6311), as amended by the federal Every Student
18Succeeds Act (Public Law 114-95), including the use of local
19control funding formula unduplicated subgroup criteria, and may
20also include recommendations on whether other open enrollment
21program provisions should be altered, expanded, or deleted. The
22final evaluation report shall be submitted by the Legislative
23Analyst’s Office to the Legislature, Governor, and state board on
24 or before December 1, 2021. The Superintendent shall provide the
25data necessary to complete the report to the Legislative Analyst’s
26Office by December 1, 2020.

27begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 48362 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
28read:end insert

begin insert
29

begin insert48362.end insert  

This article shall become inoperative on July 1, 2022,
30and, as of January 1, 2023, is repealed, unless a later enacted
31statute, that becomes operative on or before January 1, 2023,
32deletes or extends the dates on which it becomes inoperative and
33is repealed.

end insert
34

begin deleteSEC. 8.end delete
35
begin insertSEC. 13.end insert  

If the Commission on State Mandates determines that
36this act contains costs mandated by the state, reimbursement to
37local agencies and school districts for those costs shall be made
P15   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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