BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1156


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          Date of Hearing:   June 22, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          1156 (Huff) - As Amended June 1, 2016


          SENATE VOTE:  39-0


          SUBJECT:  School accountability:  Open Enrollment Act:   
          low-achieving schools


          SUMMARY:  Makes changes to the Open Enrollment Act by replacing  
          the Academic Performance Index with new eligibility criteria for  
          identifying low-achieving schools; and deletes the requirement  
          that the list of low-achieving schools to be 1,000.   
          Specifically, this bill:  

          1)Deletes the existing definition of "low-achieving school" and  
            instead establishes the definition of low-achieving school to  
            mean either of the following, effective July 1, 2018, for  
            purposes of the Open Enrollment Act:

             a)   A school that is identified by the Superintendent of  
               Public Instruction (SPI) or the State Board of Education  
               for comprehensive support and improvement pursuant to the  
               accountability system requirements of the federal  
               Elementary and Secondary Education Act of 1965, as amended  
               by the federal Every Student Succeeds Act (Public Law  
               114-95), including all of the following: 









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               i)     A school identified as being in the lowest  
                 performing five percent of all Title I schools.

               ii)    A high school that fails to graduate one-third or  
                 more of its pupils.

               iii)   A school subject to a mandatory targeted support and  
                 improvement plan.

             b)   A school receiving mandatory assistance from the  
               California Collaborative for Educational Excellence (CCEE),  
               as directed by the SPI.

          2)Provides that a low-achieving school shall not include court,  
            community, community day schools, or charter schools.

          3)Provides that a school district of enrollment shall ensure  
            that pupils enrolled are enrolled in a school that is not  
            identified as being a low-achieving school 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, except that  
            pupils applying for a transfer shall be assigned priority for  
            approval, as follows:

             a)   First priority for the siblings of children who already  
               attend the desired school.

             b)   Second priority for unduplicated pupils, as specified,  
               transferring from a low-achieving school.

             c)   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 to  
               select pupils at random until all of the available spaces  
               are filled.   

          4)Requires the Legislative Analyst's Office (LAO) to complete an  








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            evaluation of the open enrollment program, as specified, and  
            to make recommendations on any additional or revised  
            eligibility criteria based on the state's new accountability  
            system adopted for purposes of complying with federal law,  
            including the use of local control funding formula  
            unduplicated subgroup criteria.  Provides that the LAO may  
            also include recommendations on whether other open enrollment  
            program provisions should be altered, expanded, or deleted.   
            Requires the final evaluation report to be submitted to the  
            Legislature, Governor, and State Board of Education on or  
            before December 1, 2021, and for the SPI to provide the data  
            necessary to complete the report to the LAO by December 1,  
            2020, or on an otherwise agreed upon date between the SPI and  
            the LAO.

          EXISTING LAW:  

          1)Establishes the Open Enrollment Act as follows:  

             a)   Allows the parent of a pupil attending a school  
               identified by the Superintendent of Public Instruction  
               (SPI) as "low-achieving" to submit an application for the  
               pupil to attend another school within the same district or  
               transfer to another school district (school district of  
               enrollment).  A list of 1,000 "low-achieving schools"  
               ranked by increasing Academic Performance Index (API) is  
               identified by the SPI each year.

             b)   Provides that a school district of enrollment may adopt  
               specific written standards for acceptance and rejection of  
               transfer applications, including consideration of the  
               capacity of a program, class, grade level, or school  
               building, or adverse fiscal impact.  

             c)   Prohibits a school district of enrollment from  
               considering a pupil's previous academic achievement,  
               physical condition, and proficiency in the English  
               language, family income or any of the individual  
               characteristics set forth in Section 200 of the Education  








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               Code, and shall ensure that pupils are enrolled in a school  
               with a higher API than the school in which the pupil was  
               previously enrolled.  

             d)   Requires that pupils are selected through a random,  
               unbiased process, except that pupils applying for transfer  
               are assigned specific priorities, with the first priority  
               given to siblings of children who already attend the  
               desired school and second priority for pupils transferring  
               from a program improvement school ranked in decile 1 on the  
               API.  (Education Code (EC) 48350, et seq.)    

          2)Under the District of Choice (DOC) authorization, established  
            by AB 19 (Quackenbush), Chapter 160, Statutes of 1993, a  
            school board may declare the district to be a DOC willing to  
            accept a specified number of inter-district transfers.  A DOC  
            is not required to admit pupils but it 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.  Either the district of residence or DOC may  
            prevent a transfer under this law if the transfer would  
            exacerbate racial segregation.  Each DOC is required 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;  3) The  
            number of pupils transferred into the district; 4) The race,  
            ethnicity, gender, socioeconomic status and the district of  
            residence for each student in #2 and #3 above; and, 5) The  
            number of pupils in #2 and #3 above who are English Learners  
            or individuals with exceptional needs. The DOC program becomes  
            inoperative on July 1, 2017 and repealed on January 1, 2018.   
            (EC 48300-48316)

          3)Establishes the CCEE for the purpose of advising and assisting  
            school districts, county superintendent of schools, and  
            charter schools in achieving the goals set forth in a local  
            control and accountability plan (LCAP).  (EC 52074)

          4)Authorizes the SPI to direct the CCEE to advise and assist a  








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            school district, county superintendent of schools, or charter  
            school in any of the following circumstances:

             a)   If the governing board of a school district, county  
               board of education, or governing body or a charter school  
               requests the advice and assistance of the CCEE.

             b)   If the county superintendent of schools determines,  
               following the provision of technical assistance, that the  
               advice and assistance of the CCEE is necessary to help the  
               district or charter school accomplish the goals described  
               in the LCAP.

             c)   If the SPI determines that the advice and assistance of  
               the CCEE is necessary to help the school district, county  
               superintendent of schools, or charter school accomplish the  
               goals set forth in the LCAP.  (EC 52074)

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, costs, potentially in the tens of thousands, to the  
          Legislative Analyst's Office (LAO) for existing staff to produce  
          an evaluation and recommendations for the program.  (General  
          Fund) Minor costs to California Department of Education (CDE) to  
          enter into a memorandum of understanding with the LAO regarding  
          data sharing. (General Fund)

          COMMENTS:  The Open Enrollment Act was created during a time  
          when the State was competing for Federal funding called Race to  
          the Top. Despite making several changes to state law, California  
          was not awarded Race to the Top funding. The statutory changes  
          made at the time have continued despite the State's lack of  
          participation in the Race to the Top program. The Open  
          Enrollment program requires the SPI to create a list of the  
          1,000 lowest achieving schools based on the Annual Performance  
          Index (API) and requires that parents at those schools be  
          notified that their child attends a school on this list.  
          Students that attend the 1,000 lowest achieving schools are then  
          authorized to transfer to higher achieving schools. The State  
          has replaced the API with a new assessment system and the API is  








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          now outdated. The Open Enrollment program has largely been  
          duplicative of federal law which, until the recent  
          reauthorization of the Every Student Succeeds Act (ESSA),  
          allowed students who attend schools in program improvement to  
          transfer to higher achieving schools. Federal law no longer  
          specifies that students in low achieving schools must be allowed  
          to transfer, therefore this program is no longer a requirement  
          of federal law. For these reasons, the committee should consider  
          whether the Open Enrollment program needs updating, or whether  
          the program should be eliminated.

          This bill changes the calculation of how the schools are  
          identified to participate in the Open Enrollment program.  
          Specifically, this bill provides that a low-achieving school is  
          a school that is identified in the lowest 5% of Title 1 schools,  
          has high dropout rates, is identified by the Superintendent of  
          Public Instruction or the State Board of Education for  
          comprehensive support and improvement, as specified, or a school  
          that is receiving mandatory assistance by the California  
          Collaborative for Educational Excellence (CCEE).   

          According to the author, "the Academic Performance Index (API),  
          along with a specified sometimes confusing legislatively  
          mandated calculation has been the previous method for  
          identifying the 1,000 low achieving schools whose enrollment  
          assignment would trigger a student's eligibility for Open  
          Enrollment.  The last published list of 1,000 is out dated with  
          no new APIs being produced in the last two years.  And, some  
          schools objected to the current formula, which resulted in some  
          of the lowest performing schools in California not being on the  
          list at all.  With the state adoption of a new assessment system  
          called the California Assessment of Student Performance and  
          Progress (CAASPP), and the temporary and possibly permanent  
          hiatus on the publication of a new API, there is an interest in  
          using updated definitions and information more accurately  
          reflecting the concept of persistently low school performance.  
          The API is no longer being updated and the last published list  
          is based on the old STAR Program instead of the CAASPP scores.   
          SB 1156 updates the eligibility for additional public school  








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          options for students enrolled in persistently low performing  
          schools by maintaining the Open Enrollment Act, and referencing  
          definitions of persistently low performance in the newly enacted  
          federal Every Student Succeeds Act (ESSA) and state Local  
          Control Funding Formula statutes as the criteria for defining  
          low performing schools.  The Open Enrollment Act provides  
          students who are otherwise zip-code assigned to the lowest  
          performing schools a choice to attend a higher performing public  
          school even if the neighborhood school is persistently low  
          performing.  Accordingly, SB 1156 helps the state protect  
          students' constitutional guarantee to equitable opportunity for  
          a quality public education in California."  
          
          Federal Every Student Succeeds Act.  The Every Student Succeeds  
          Act (ESSA), which reauthorizes and updates the Elementary and  
          Secondary Education Act, was signed into law on December 10,  
          2015.  The 2016-17 school year is a transition year for local  
          educational agencies (LEAs), as most of the provisions of ESSA  
          will take effect in the 2017-18 school year, including the new  
          accountability provisions.  One notable change under ESSA is the  
          elimination of the requirement for LEAs to provide low-income  
          students attending Title I schools in Program Improvement year 2  
          and beyond with supplemental educational services and public  
          school choice and spend a portion of their Title I funds for  
          these purposes.  In eliminating these provisions, the ESSA will  
          allow LEAs the flexibility to choose what services and  
          activities will be provided to students using Title I funds.   
          Another key difference under ESSA is that states will have the  
          ability to create their own accountability system based on  
          multiple measures and not just on test scores.  States will be  
          required to identify their lowest-performing schools-those  
          falling in the bottom five percent.  However, there will be a  
          reduced federal role in determining interventions, leaving it up  
          to states to decide.     
          
          State's evolving accountability system.  The exact details of  
          the state's new accountability system have not been finalized,  
          yet major themes have been determined, including ensuring that  
          the new system emphasizes a culture of continuous support and  








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          on-going learning.  And with the enactment of ESSA, the state  
          will have the opportunity to streamline state and local  
          requirements into a single, coherent accountability and  
          continuous improvement system.  A critical component of the  
          accountability system will be the evaluation rubrics, which the  
          State Board of Education is required to adopt by October 1,  
          2016.  The rubrics are intended to serve several purposes,  
          including assistance for LEAs to evaluate their strengths,  
          weaknesses, and areas that require improvement, and also to  
          assist the SPI in identifying school districts for which  
          intervention is warranted. 

          Calculating the list of low achieving schools: Existing law  
          requires the SPI to create a list of 1,000 low achieving schools  
          and limits the number of schools identified in any one district  
          to 10%. This bill eliminates the requirement that the list be no  
          more than 1,000 schools and the bill eliminates the requirement  
          that no more than 10% of a school district's schools be  
          identified as low achieving. The committee should consider  
          whether to continue to limit the number of schools identified as  
          low achieving to 1,000. According to the author, the new  
          definition of low achieving school identifies approximately 355  
          schools. While the number of schools identified today may not  
          reach the 1,000 limit, this limit could be important in the  
          future. The committee should also consider whether to limit the  
          number of schools identified in a single school district to 10%.

          Similarity to the District of Choice program: There are  
          safeguards in the District of Choice (DOC) program that are not  
          included in the Open Enrollment program, though these programs  
          are similar.  The committee should consider whether it is  
          appropriate to continue a school choice program without  
          including the same safeguards as the DOC program, which include:  

          1)Requiring that communications to parents do not target  
            individual families or neighborhoods.
          2)Requiring an annual audit of the random selection process and  
            communications to parents.
          3)Requiring a sunset date for the program after the evaluation.








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          4)Specifying explicitly that a district of enrollment may not  
            reject the transfer of a special needs pupil, including an  
            individual with exceptional needs as defined in EC Section  
            56026, and an English learner.
          5)Requiring each district of enrollment 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; 3) The number of pupils  
            transferred into the district; and, 4) The race, ethnicity,  
            gender, self-reported socioeconomic status, free and reduced  
            priced meal eligibility, and the school district of residence  
            of each of the pupils described above.  
          6)Requiring the information listed above to be reported to the  
            governing board of the district of enrollment and to each  
            school district that is geographically adjacent to the  
            district of enrollment, the county office of education in  
            which the district is located, and the SPI in CALPADS or other  
            system. 
          7)Requiring the information listed above to be annually reported  
            to the Legislature and the Governor by the SPI.
          8)Authorizing either a district of residence or district of  
            enrollment to limit the number of students transferring if it  
            would negatively impact a voluntary desegregation plan.

          Charter Schools:  The committee should consider whether to add  
          charter schools to the list of schools required to participate  
          in the open enrollment program.  Existing law requires the list  
          of low achieving schools be based on the API Decile 1 rankings  
          from the 2008-09 school year. Of the 945 schools ranked in  
          Decile One based on the API in 2008-09, there were 103 charter  
          schools.  This means that 103 of California's lowest achieving  
          charter schools will be excluded from the open enrollment  
          program and an equal number of higher achieving traditional  
          public schools will be required to participate in this program.   
          Since charter school pupils who leave a charter school only have  
          enrollment rights in their district of residence, this exclusion  
          will limit the opportunity for charter school students to move  
          to a higher-performing school if they choose to leave their low  
          performing (charter) school.  There is no clear rationale for  








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          limiting the opportunity for charter school pupils to leave a  
          low-performing school, and treating charter pupils differently  
          than non-charter pupils in this respect.

          Racial Segregation in Schools. According to an April 2016,  
          Government Accountability Office report entitled, Better Use of  
          Information Could Help Agencies Identify Disparities and Address  
          Racial Discrimination, "The percentage of K-12 public schools in  
          the United States with students who are poor and are mostly  
          Black or Hispanic is growing and these schools share a number of  
          challenging characteristics. From school years 2000-01 to  
          2013-14 (the most recent data available), the percentage of all  
          K-12 public schools that had high percentages of poor and Black  
          or Hispanic students grew from 9 to 16 percent, according to  
          GAO's analysis of data from the Department of Education  
          (Education). These schools were the most racially and  
          economically concentrated: 75 to 100 percent of the students  
          were Black or Hispanic and eligible for free or reduced-price  
          lunch-a commonly used indicator of poverty.  GAO's analysis of  
          Education data also found that compared with other schools,  
          these schools offered disproportionately fewer math, science,  
          and college preparatory courses and had disproportionately  
          higher rates of students who were held back in 9th grade,  
          suspended, or expelled." 

          The committee should consider whether the Open Enrollment  
          program will exacerbate racial segregation in California schools  
          as limited evidence shows is happening with the similar District  
          of Choice program. The committee should consider whether the  
          program should be amended to provide some of the same safeguards  
          that currently exist in the District of Choice program or  
          whether the program should be eliminated. 

          Committee Amendments: Make the following substantive amendments  
          to the Open Enrollment program:
             1.   Reinstate the requirement in existing law that the list  
               of low achieving schools not exceed 1,000 and reinstate the  
               requirement that a local education agency shall not have  
               more than 10 percent of its schools on the list.








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             2.   Require districts of enrollment to ensure that  
               communications to parents do not target individual families  
               or neighborhoods and that any communication regarding  
               transferring into their district be translated into the  
               necessary languages for parents in the district of  
               residence pursuant to Section 48985.
             3.   Include charter schools on the list of schools required  
               to participate in the open enrollment program.
            Require the Open Enrollment program contain all the same  
            safeguards provided in the DOC program:
             4.   Require each district of enrollment 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; 3) The number of  
               pupils transferred into the district; and, 4) The race,  
               ethnicity, gender, self-reported socioeconomic status, free  
               and reduced priced meal eligibility, and the school  
               district of residence of each of the pupils described  
                                                                                   above.  
             5.   Require the information listed above to be reported to  
               the governing board of the district of enrollment and to  
               each school district that is geographically adjacent to the  
               district of enrollment, the county office of education in  
               which the district is located, and the SPI through CALPADS  
               or other system. 
             6.   Require the information listed above to be annually  
               reported to the Legislature and the Governor.
             7.   Require this program be included in the district's  
               annual audit.
             8.   Include a July 1, 2022 sunset date for the program, to  
               coincide with the evaluation of the program.
             9.   Specify explicitly that a district of enrollment may not  
               reject the transfer of a special needs pupil, including an  
               individual with exceptional needs as defined in EC Section  
               56026, and an English learner.
             10.  Authorize a district of residence to limit the number of  
               students transferring if it would negatively impact a  
               voluntary desegregation plan.









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          EdVoice




          Opposition


          None on file




          Analysis Prepared by:Chelsea Kelley / ED. / (916)  
          319-2087