BILL NUMBER: AB 47	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        DECEMBER 6, 2010

   An act to amend Section 48352 of the Education Code, relating to
school enrollment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 47, as introduced, Huffman. Schools: open enrollment.
   Existing law, the Open Enrollment Act, allows the parent of a
pupil enrolled in a low-achieving school to submit an application for
the pupil to attend school in a school district other than the
school district in which the parent of the pupil resides, but in
which the parent nevertheless intends to enroll the pupil. Existing
law defines a low-achieving school, for purposes of these provisions,
as a school identified by the Superintendent by inclusion on a list
of 1,000 schools ranked by increasing Academic Performance Index
(API) score; however no local agency may have more than 10% of its
schools on the list and specified types of schools may not be
included.
   This bill would instead provide that the list created by the
Superintendent to define low-achieving schools may include up to
1,000 schools, that schools on the list be ranked in decile 1 on the
most current API, and that county offices of education operating a
special education program, and state special schools not be included
on the list.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 48352 of the Education Code is amended to read:

   48352.  For purposes of this article, the following definitions
apply:
   (a) "Low-achieving school" means any school identified by the
Superintendent pursuant to the following:
   (1)  Excluding the schools, and taking into account the
impact of the criteria in paragraph (2), the   The 
Superintendent annually shall create a list of  up to 
1,000 schools ranked by increasing  API with  
Academic Performance Index (API) score, comprised of  the same
ratio of elementary, middle, and high schools as existed in decile 1
in the 2008-09 school year.
   (2) In constructing the list of  up to  1,000 schools
each year, the Superintendent shall ensure each of the following:
   (A)  A local educational agency shall not have more than
10 percent of its schools on the list. However, if the number of
schools in a local educational agency is not evenly divisible by 10,
the Superintendent shall round up to the next whole number of
schools.   Schools on the list shall be ranked in 
 decile 1 of the most current year's growth API. 
   (B) Court, community,  or  community day schools
 , county offices of education operating a special education
program, and state special schools  shall not be included on the
list.
   (C) Charter schools shall not be included on the list.
   (b) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
   (c) "School district of enrollment" means a school district other
than the school district in which the parent of a pupil resides, but
in which the parent of the pupil nevertheless intends to enroll the
pupil pursuant to this article.
   (d) "School district of residence" means a school district in
which the parent of a pupil resides and in which the pupil would
otherwise be required to enroll pursuant to Section 48200.