Amended in Senate April 13, 2016

Senate Bill No. 1432

Introduced by Senator Huff

(Principal coauthors: Assembly Members Chang and Olsen)

(Coauthor: Assembly Member Medina)

February 19, 2016

An act to amend Sections 48301, 48302, 48307, 48308, 48312, 48313, begin insert 48314, 48315, end insert and begin delete 48314 end delete begin insert 48316 end insert of, begin insert and end insert to add Section 48309.5 to, begin delete and to repeal Sections 48315 and 48316 of, end delete the Education Code, relating to school attendance.

LEGISLATIVE COUNSEL’S DIGEST

SB 1432, as amended, Huff. School attendance: pupil transfer options: school districts of choice.

(1) Existing law requires each person between the ages of 6 and 18 years, who is not otherwise exempt, to attend the public full-time day school in the school district in which his or her parent or guardian is a resident. Existing law authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined, and authorizes the governing board of a school district of choice to ensure, by resolution, that pupils accepted for transfer are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based upon his or her academic or athletic performance. Existing law authorizes either a pupil’s school district of residence or a school district of choice to prohibit the transfer of a pupil into a school district of choice or limit the number of pupils transferred into a school district of choice if the governing board of the school district determines that the transfer would negatively impact a court-ordered or voluntary desegregation plan of the school district or the racial and ethnic balance of the school district. Existing law requires a school district of choice, at its expense, to ensure that the auditor who conducts the annual financial audit of the school district reviews compliance with the requirements for a random, unbiased selection process and appropriate communications at the same time that he or she is conducting the annual audit, and requires the school district to notify the auditor regarding this compliance review prior to the commencement of the annual audit.

This bill would require, instead of authorize, the governing board of the school district of choice to ensure, by resolution, that pupils accepted for transfer are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based upon his or her academic or athletic performance. The bill would authorize only a pupil’s school district of residence to prohibit the transfer of a pupil into a school district of choice or limit the number of pupils transferred into a school district of choice if the governing board of the school district of residence determines that the transfer would negatively impact a court-ordered or voluntary desegregation plan of the school district of residence or the racial and ethnic balance of the school district of residence. The bill would revise the provisions relating to the audit. The bill would also authorize the parent of a pupil who is denied a transfer to appeal that decision to the county superintendent of schools of the county in which the school district issuing the denial is located, as provided. The bill would also authorize a school district of choice to bring a complaint against a school district of residence and a school district of residence to bring a complaint against a school district of choice to a county superintendent of schools, as provided. The bill would require the county superintendent of schools to rely only on certain provisions of existing law and determine only whether they were applied accurately. To the extent this would impose additional duties on county superintendents of schools, the bill would impose a state-mandated local program.

(2) Existing law authorizes a school district of residence, as defined, to limit the number of pupils who transfer out each year by a certain percentage, and also authorizes a school district with an average daily attendance of less than 50,000 to limit the maximum number of pupils transferring out for the duration of the program to 10% of the average daily attendance for that period. Existing law authorizes a school district of residence to limit transfers if it has a negative or qualified status on the most recent budget certification, or to limit the number of pupils to a number identified by the county superintendent of schools, as specified, if the county superintendent determines that the school district will not meet the standards and criteria for fiscal stability for the subsequent fiscal year due to the impact of additional pupil transfers in that fiscal year.

This bill would begin delete delete the authorization of end delete begin insert instead authorize end insert a school district begin insert of residence end insert with an average daily attendance of begin delete less than end delete 50,000 begin insert or less end insert to limit the maximum number of pupils begin delete transferring out for the duration of the program end delete begin insert enrolled in all school districts of choice, at any given time, end insert to 10% of the average daily begin delete attendance for that period. end delete begin insert attendance. end insert The bill would also establish procedures, as provided, by which school districts of residence may implement the other limits.

(3) Existing law authorizes a school district of choice to notify a school district of residence when the school district of choice accepts a pupil from that school district of residence.

This bill would instead require a school district of choice to notify a school district of residence when the school district of choice accepts or provisionally accepts a pupil from that school district of residence, as specified.

(4) Existing law authorizes school districts to make information regarding their schools, programs, policies, and procedures available to any interested person upon request.

This bill would instead require school districts to make information regarding their schools, programs, policies, and procedures available to any interested person upon request and would require a school district of choice to also make public announcements regarding its schools, programs, policies, and procedures during the enrollment period. To the extent this would impose additional duties on school districts, the bill would impose a state-mandated local program.

(5) Existing law requires the Legislative Analyst annually to make specified information regarding districts of choice transfers available to the Governor and the appropriate fiscal and policy committees of the Legislature.

This bill would instead assign those duties to the Superintendent of Public Instruction.

(6) Existing law requires the Legislative Analyst to conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the district of choice program, make recommendations regarding the extension of the program, incorporate in that evaluation the data annually made available by the Department of Finance, and complete and submit the evaluation and the recommendations to the appropriate education policy committees of the Legislature and the Governor by January 31, 2016.

This bill begin delete would delete those requirements. end delete begin insert would, instead, require the Legislative Analyst to complete and submit the evaluation and the recommendations to the appropriate education policy committees of the Legislature and the Governor by January 31, 2020. end insert

(7) Existing law makes the begin delete provisions governing districts of choice end delete begin insert school district of choice program end insert inoperative on July 1, 2017, and repeals begin delete them end delete begin insert the program end insert on January 1, 2018.

This bill would begin delete delete those provisions, thereby extending the school district of choice program indefinitely. end delete begin insert extend the inoperative date to July 1, 2022, and the repeal date to January 1, 2023. end insert

(8) This bill would make other related changes, make clarifying changes, recast certain provisions of existing law, and make other nonsubstantive changes.

(9) 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:

SECTION 1.  

Section 48301 of the Education Code is amended
to read:

48301.  

(a) (1) The governing board of any school district may
elect to operate the school district as a school district of choice
and may accept transfers from school districts of residence pursuant
to this article. If the governing board of a school district elects to
accept transfers as authorized under this article, it shall, by
resolution, determine and adopt the number of transfers it is willing
to accept under this article and ensure that pupils admitted under
this article are selected through a random, unbiased process that
prohibits an evaluation of whether or not a pupil should be enrolled
based upon his or her academic or athletic performance.

(2) If the number of transfer applications exceeds the number
of transfers the governing board of a school district of choice elects
to accept under this article, approval for transfer pursuant to this
article shall be determined by a random drawing held in public at
a regularly scheduled meeting of the governing board of the school
district of choice.

(b) Communications to parents by school districts of choice
shall be factually accurate and not target individual parents,
residential neighborhoods, or any other specific ascertainable
cohort on the basis of a pupil or pupils’ actual or perceived
academic or athletic skill or other personal characteristic.

(c) A school district of choice, with respect to compliance with
subdivisions (a) and (b), shall be subject to the audit conducted
pursuant to Section 41020.

(d) A school district of choice shall post application information
on its Internet Web site. This information shall include, at a
minimum, any applicable form and timeline for a transfer pursuant
to this article. It also shall include an explanation of the selection
process the school district of choice implements pursuant to
subdivision (a).

(e) A pupil attending a school in a school district of choice shall
be deemed to have fulfilled the requirements of Section 48204.

SEC. 2.  

Section 48302 of the Education Code is amended to
read:

48302.  

School districts are encouraged to hold informational
meetings and make public announcements on the current
educational programs the school district is offering so that parents
may provide input to the school district on methods to improve
the current programs and so that parents may make informed
decisions regarding their children’s education.

SEC. 3.  

Section 48307 of the Education Code is amended to
read:

48307.  

(a) Once a school district of residence with an average
daily attendance greater than 50,000 has received notification from
a school district of choice that a number of pupils that the school
district of residence calculates to be equal to 1 percent of its current
year estimated average daily attendance have been accepted into
that school district of choice for the following school year, the
school district of residence may, by resolution in a public meeting
of the governing board of the school district of residence, restrict
any further pupils from transferring under this article to that school
district of choice for the upcoming school year.

(b) Once a school district of residence with an average daily
attendance of 50,000 or less has been notified from a school district
of choice that a number of pupils that the school district of
residence calculates to be equal to 3 percent of its current year
estimated average daily attendance have been accepted into that
school district of choice for the following school year, the school
district of residence may, by resolution in a public meeting of the
governing board of the school district of residence, restrict any
further pupils from transferring under this article to that school
district of choice for the upcoming school year.

begin insert

(c) A school district of residence with an average daily
attendance of 50,000 or less may limit the total number of pupils
enrolled in all school districts of choice, at any given time, to 10
percent of the school district of residence’s average daily
attendance at that point in time. A school district of residence shall
authorize additional pupils to participate in the program authorized
by this article as current program participants leave or graduate,
provided that the total number of pupils does not exceed the school
district’s 10 percent cap.

end insert begin delete

(c)

end delete

begin insert (d) end insert  A school district of residence that has a negative status on
the most recent budget certification completed by the county
superintendent of schools in any fiscal year may limit the number
of pupils who transfer out of the district in that fiscal year and once
the school district of residence has received notification from a
school district of choice or school districts of choice that the
number of pupils that the school district of residence calculates to
be equal to that limit have been accepted into that school district
of choice or those school districts of choice, may, by resolution in
a public meeting of the governing board of the school district of
residence, restrict any further pupils from transferring under this
article for the upcoming school year.

begin delete

(d)

end delete

begin insert (e) end insert  Notwithstanding any prior or existing certification of a school
district of residence pursuant to Article 3 (commencing with
Section 42130) of Chapter 6 of Part 24, if a county superintendent
of schools determines that a school district of residence would not
meet the standards and criteria for fiscal stability specified in
Section 42131 for the subsequent fiscal year exclusively due to
the impact of pupil transfers pursuant to this article, the school
district of residence may limit the number of pupils who transfer
pursuant to this article in the upcoming school year to the number
that the county superintendent of schools identifies beyond which
would result in a qualified or negative certification in the
subsequent fiscal year exclusively as a result of transfers pursuant
to this article. Once the school district of residence has received
notification from a school district of choice or school districts of
choice that the number of pupils that the school district of residence
calculates to be equal to that limit have been accepted into that
school district of choice or those school districts of choice, a school
district of residence may, by resolution in a public meeting of the
governing board of the school district of residence, restrict any
further pupils from transferring under this article for the upcoming
school year.

begin delete

(e)

end delete

begin insert (f) end insert  A school district of residence, upon receiving notification of
a pupil’s acceptance into the school district of choice, may prohibit
the transfer of a pupil under this article 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:

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

(2) The voluntary desegregation plan of the school district of
residence.

(3) The racial and ethnic balance of the school district of
residence.

begin delete

(f)

end delete

begin insert (g) end insert  Notwithstanding any other provision of this article, a school
district of residence shall not prohibit the transfer of a pupil who
is a child of an active military duty parent.

begin delete

(g)

end delete

begin insert (h) end insert  A school district of residence shall not adopt policies that
in any way block or discourage pupils from applying for transfer
to a school district of choice.

begin delete

(h)

end delete

begin insert (i) end insert  Notwithstanding any other provision of this article, a pupil
attending a school district of choice or a pupil who received a
notice of acceptance into begin delete in end delete a school district of choice before the
resolution by the school district of residence to restrict further
transfers shall be permitted to attend the school district of choice.

SEC. 4.  

Section 48308 of the Education Code is amended to
read:

48308.  

(a) (1) An application requesting a transfer pursuant
to this article shall be submitted by the parent of a pupil to the
school district of choice before January 1 of the school year
preceding the school year for which the pupil is requesting to be
transferred. This application deadline may be waived upon
agreement of the school district of residence of the pupil and the
school district of choice.

(2) The application deadline specified in paragraph (1) does not
apply to an application requesting a transfer if the parent of the
pupil, with whom the pupil resides, is enlisted in the military and
was relocated by the military less than 90 days before submitting
the application.

(b) The application may be submitted on a form provided for
this purpose by the department and may request enrollment of the
pupil in a specific school or program of the school district of
choice.

(c) (1) No later than February 15 of the school year preceding
the school year for which the pupil is requesting to be transferred,
the governing board of the school district of choice shall notify
the parent in writing whether the application has been provisionally
accepted or rejected or of the placement of the pupil on a waiting
list. Final acceptance or rejection shall be made by May 15
preceding the school year for which the pupil is requesting to be
transferred.

(2) If the application is rejected, the governing board of the
school district of choice shall include in the written notification to
the parent the specific reason or reasons for that determination,
and shall ensure that the determination, and the specific reason or
reasons for the determination, are accurately recorded in the
minutes of the board meeting in which the determination was made.

(3) If a pupil is accepted or provisionally accepted into a school
district of choice, the school district of choice shall notify the
school district of residence of the pupil no later than March 1 of
the school year preceding the school year for which the pupil is
requesting to be transferred.

(4) (A) Notwithstanding paragraph (1), the governing board of
a school district of choice shall, not later than 90 days after receipt
of an application submitted according to paragraph (2) of
subdivision (a), make a final acceptance or rejection of that
application. A pupil may enroll in a school in the school district
of choice immediately upon his or her acceptance.

(B) If an application submitted according to paragraph (2) of
subdivision (a) is submitted less than 90 days before the beginning
of the school year for which the pupil seeks to be transferred, the
governing board of the school district of choice shall accept or
deny the application before the commencement of the school year.
A pupil may enroll in a school in the school district of choice
immediately upon his or her acceptance.

(d) Final acceptance of the transfer is applicable for one school
year and will be renewed automatically each year unless the school
district of choice through the adoption of a resolution elects to no
longer accept any transfer pupils pursuant to this article. However,
if a school district of choice elects to no longer accept pupils under
this article, high school pupils admitted under this article may
continue to attend the same school in the school district of choice
until they graduate from high school.

SEC. 5.  

Section 48309.5 is added to the Education Code, to
read:

48309.5.  

(a) The parent of a pupil who is denied a transfer
pursuant to this article may appeal that decision to the county
superintendent of schools of the county in which the school district
issuing the denial is located. The county superintendent of schools
shall rely only on the provisions of this article and determine only
whether they were applied accurately.

(b) A school district of choice may bring a complaint alleging
a violation of begin delete a end delete this article by a school district of residence to the
county superintendent of schools of the county in which the school
district of residence is located. The county superintendent of
schools shall rely only on the provisions of this article and
determine only whether they were applied accurately.

(c) A school district of residence may bring a complaint alleging
a violation of this article by a school district of choice to the county
superintendent of schools of the county in which the school district
of choice is located. The county superintendent of schools shall
rely only on the provisions of this article and determine only
whether they were applied accurately.

(d) Nothing in this section shall be interpreted to limit or restrict
any entity from seeking a judicial remedy for a violation of this
article.

SEC. 6.  

Section 48312 of the Education Code is amended to
read:

48312.  

Each school district shall make information regarding
its schools, programs, policies, and procedures available to any
interested person upon request. A school district of choice shall
also make public announcements regarding its schools, programs,
policies, and procedures during the enrollment period.

SEC. 7.  

Section 48313 of the Education Code is amended to
read:

48313.  

(a) Pursuant to this article, each school district of choice
shall keep an accounting of all requests made for transfers pursuant
to this article and records of all disposition of those requests that
shall include, but are not limited to, all of the following:

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

(2) The number of pupils transferred out of the school district
of choice pursuant to this article.

(3) The number of pupils transferred into the school district of
choice pursuant to this article.

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

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

(b) The information maintained pursuant to subdivision (a) shall
be reported to the governing board of the school district of choice
at a regularly scheduled meeting of the governing board of the
school district of choice. No later than May 15th of each year, the
school district of choice shall report the information maintained
pursuant to subdivision (a) for the current school year in addition
to information regarding the district’s status as a school district of
choice for the upcoming school year to each school district that is
geographically adjacent to the school district of choice, the county
office of education in which the school district of choice is located,
and the Superintendent in a manner consistent with subdivision
(d).

(c) The Superintendent shall do all of the following:

(1) Maintain and periodically update a list of the school districts
of choice in the state. The Superintendent shall take reasonable
steps to verify the accuracy of the list.

(2) Collect the information specified in subdivision (a) from
each school district of choice. The Superintendent shall ensure
school districts of choice provide this information in a complete
and consistent format. The Superintendent may provide a template
for school districts of choice to use and may issue guidance
regarding the procedures for collecting and reporting data.

(3) Post the information collected under paragraphs (1) and (2)
on the Internet Web site of the department. The information shall
be accompanied by explanation of the transfers authorized by this
article. The Superintendent shall make this information available
by request to any school district.

(4) Post a single list of all school choice programs, including,
but not limited to, school districts of choice, on the Internet Web
site of the department.

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

(2) No later than July 1, 2017, the Superintendent shall report
to the begin delete education end delete begin insert appropriate fiscal and end insert policy committees of the
Legislature, the begin delete Department of Finance, end delete begin insert Governor, end insert and the
Legislative Analyst’s Office with a description of the plan for
collecting the data specified in subdivision (a).

(e) The Superintendent annually shall make all of the following
information available to begin delete the Governor and end delete the appropriate fiscal
and policy committees of the begin delete Legislature: end delete begin insert Legislature, the
Governor, and the Legislative Analyst’s Office: end insert

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

(2) Assessment scores of school districts of choice and school
districts of residence pursuant to subdivision (b) of Section 60640.

(3) The graduation rates of school districts of residence and
school districts of choice.

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

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

(A) Increasing or declining enrollment.

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

(6) Whether a school district of residence has exceeded the
transfer limits specified in Section 48307.

(7) Other information the Superintendent deems appropriate.

SEC. 8.  

Section 48314 of the Education Code is amended to
read:

48314.  

It is the intent of the Legislature that every parent in
this state be informed of their opportunity for currently existing
school district of choice options under this article regardless of
ethnicity, primary language, literacy, or special needs.

begin delete

SEC. 9.  

Section 48315 of the Education Code is repealed.

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 48315 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48315.  

This article shall become inoperative on July 1, begin delete 2017, end delete
begin insert 2022, end insert and, as of January 1, begin delete 2018, end delete begin insert 2023, end insert is repealed, unless a later
enacted statute, which becomes effective on or before January 1,
begin delete 2018, end delete begin insert 2023, end insert deletes or extends the dates on which it becomes
inoperative and is repealed.

begin delete

SEC. 10.  

Section 48316 of the Education Code is repealed.

end delete

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 48316 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48316.  

The Legislative Analyst shall conduct, after consulting
with appropriate legislative staff, a comprehensive evaluation of
the interdistrict transfer program established pursuant to this article
and prepare recommendations regarding the extension of the
program. The evaluation shall incorporate the data described in
Section 48313 and shall be completed and submitted, along with
the recommendations regarding extension, to the appropriate
education policy committees of the Legislature and to the Governor
by January 31, begin delete 2016. end delete begin insert 2020. end insert

SEC. 11.  

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