BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1156


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          SENATE THIRD READING


          SB  
          1156 (Huff)


          As Amended  June 30, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Education       |7-0  |O'Donnell, Olsen,     |                    |
          |                |     |Kim, McCarty,         |                    |
          |                |     |Santiago, Thurmond,   |                    |
          |                |     |Weber                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |McCarty               |                    |
          |                |     |                      |                    |








                                                                    SB 1156


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          SUMMARY:  Makes changes to the Open Enrollment Act by replacing  
          the Academic Performance Index with new eligibility criteria for  
          identifying low-achieving schools.  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: 
               i)     A school identified as being in the lowest  
                 performing 5% 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 or community day schools.
          3)Specifies that the list of low achieving schools not exceed  
            1,000 schools; and, specifies that no more than 10% of schools  
            in a local education agency shall be identified on the list of  
            low achieving schools. 










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          4)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.   


          5)Requires communications to parents by school districts of  
            enrollment to be factually accurate and not target individual  
            parents or residential neighborhoods on the basis of a child's  
            actual or perceived academic or athletic performance or any  
            other personal characteristic; and requires all communications  
            from the school district of enrollment regarding the transfer  
            opportunities pursuant to this article shall be available in  
            all languages required for the school district of residence.
          6)Specifies that a school district of enrollment shall not  
            prohibit a transfer of a pupil based upon a determination by  
            the governing board of that school district that the  
            additional cost of educating the pupil would exceed the amount  
            of additional state aid received as a result of the transfer.   
            A school district of enrollment shall not reject the transfer  
            of a special needs pupil, including an individual with  








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            exceptional needs, as defined, or an English learner.


          7)On July 1, 2018, authorizes a school district of residence,  
            upon notification of the pupil's acceptance to the school  
            district of enrollment, to prohibit the transfer of a pupil or  
            limit the number of pupils so transferred if the governing  
            board of the school district of residence determines that the  
            transfer would negatively impact any of the following:


             a)   The court-ordered desegregation plan of the school  
               district of residence.
             b)   The voluntary desegregation plan of the school district  
               of residence, consistent with the provisions of Proposition  
               209, an initiative measure adopted by the voters at the  
               November 5, 1996, General Election.


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


          8)Requires each school district of enrollment to keep an  
            accounting of all requests made for alternative attendance and  
            records of all disposition of those requests; requires the  
            data to be reported to the school board, the school boards of  
            adjacent school districts, the county board of education and  
            the Superintendent of Public Instruction; and, requires this  
            data to be reported annually to the Legislature and Governor,  
            as specified.
          9)Requires the Legislative Analyst's Office (LAO) to complete an  
            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  








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            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.


          10)Extends the sunset date to July 1, 2022 and repeal date to  
            January 1, 2023.


          EXISTING LAW:  


          1)Establishes the Open Enrollment Act as follows:  
             a)   Allows the parent of a pupil attending a school  
               identified by the 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 Education Code Section 200,  
               and shall ensure that pupils are enrolled in a school with  








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               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)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)
          3)Authorizes the SPI to direct the CCEE to advise and assist a  
            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 Assembly Appropriations  








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          Committee, administrative costs to the California Department of  
          Education (CDE) of approximately $230,000, starting July 1,  
          2018, to maintain a list of open enrollment schools, develop a  
          template to assist districts with the collection and maintenance  
          of data on transfers, and to comply with reporting requirements  
          to the Legislature, Governor and LAO.  Unknown, potentially  
          reimbursable, state mandated costs for school districts of  
          enrollment to track and report data on transfer requests and  
          report information to their school board, county office of  
          education and the SPI.  Unknown costs to the LAO, likely in the  
          tens of thousands, however, for existing staff to produce an  
          evaluation and recommendation of the Open Enrollment program.


          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 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 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. 


          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  








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          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  
          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."  









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          Racial Segregation in Schools.  According to an April 2016,  
          Government Accountability Office (GAO) 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%,  
          according to GAO's analysis of data from the Department of  
          Education.  These schools were the most racially and  
          economically concentrated:  75 to 100% 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 Assembly 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. 




          Analysis Prepared by:                                             
                          Chelsea Kelley / ED. / (916) 319-2087  FN:  
          0004094













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