BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 745
AUTHOR: Hernandez
AMENDED: March 21, 2011
FISCAL COMM: No HEARING DATE: May 11, 2011
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : School Districts of Choice (DOC): priorities for
attendance.
SUMMARY
This bill establishes second tier priorities for attendance
in a district of choice to include: English learners, pupils
who are individuals with exceptional needs, as specified, and
pupils who are eligible for free and reduced-price meals.
BACKGROUND
Current law :
Authorizes districts to become DOCs and accept interdistrict
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 (DOR) or DOC may prevent a transfer under this law
if the transfer would exacerbate racial segregation.
(Education Code � 48300)
Requires that if the number of transfer applications exceeds
the number of transfers under the DOC program, the governing
board must conduct a random drawing held in public at a
regularly scheduled meeting of the governing board. (EC �
48301)
Prohibits a DOC from rejecting a transfer of a pupil based
upon a determination 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 may
reject the transfer of a pupil if the transfer of that pupil
would require the district to create a new program to serve
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that pupil, except that a DOC shall not reject the transfer
of a special needs pupil, including an individual with
exceptional needs and an English learner. (EC � 48303)
Requires a DOC to give priority for attendance to siblings of
children already in attendance in that district, and
authorizes a DOC to give priority for attendance to children
of military personnel. (EC � 48306)
Specifies that DORs that have a negative budget
certification, as determined by the county office of
education, may limit the number of pupils transferring out in
that fiscal year. DORs may limit the number of pupils who
transfer out of the district if the county superintendent of
schools determines that the district will not meet the
standards and criteria for fiscal stability due to such
transfers, as specified; and, specifies that students who
have already been accepted to transfer to a DOC before a DOR
takes action to limit the number of transfers, shall be
permitted to attend the DOC, as specified. (EC � 48307)
Requires each DOC to keep records of various information on,
among other things, the number of requests granted, denied,
or withdrawn as well as the reasons for the denials. The DOC
program becomes inoperative on July 1, 2016, and repealed on
January 1, 2017. (EC �48313)
ANALYSIS
This bill establishes second tier priorities for attendance
in a district of choice. Specifically, this bill:
1) Requires a district of choice to give priority for
attendance as follows:
a) First priority to siblings of pupils already
in attendance in that district (current law).
b) Second priority to all of the following:
i) English learners.
ii) Pupils who are individuals with
exceptional needs.
iii) Pupils who are eligible for free and
reduced price meals.
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1) Requires the school district to conduct a lottery in the
group priority order to select pupils at random if the
number of priority pupils who request to attend a
particular school exceeds the number of spaces available
at that school.
2) Requires a district of choice to comply with the
priority requirements before admitting other pupils who
request to transfer into the district.
STAFF COMMENTS
1) Need for the bill . According to the author, "SB 745
will guarantee the same priority for attendance to the
most vulnerable, socio-economically disadvantaged
students, and students with special needs. It will
allow parents to secure for their children the best
public education available in a traditional public
school setting. Expanding priority to this group of
pupils will also prevent districts of choice from cherry
picking students - enrolling top students while avoiding
those who score historically lower and cost more to
educate."
2) Additional background . California law provides that a
student may attend a DOC without obtaining an
interdistrict transfer. Unlike the main interdistrict
transfer law, the DOC law does not require an agreement
between the DOR and the receiving district in order for
the receiving DOC to admit interdistrict transfers.
Some educational advocates have credited the DOC program
with expanding parental choice by removing geographical
restrictions, thereby expanding educational
opportunities for children. Others, however, maintain
that the DOC program limits educational opportunities
and choice for students, as some districts employ
selective processes and recruitment.
3) LAO evaluation . SB 680 (Romero, Ch. 198, 2009), among
other things, requires the Legislative Analyst's Office
(LAO) to submit a comprehensive evaluation of the
district of choice program, as specified, to the
Legislature and Governor by November 1, 2014.
4) Prior legislation .
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AB 2370 (Hernandez, 2010) is very similar to this
measure; however, it also included a requirement
that pupils who transfer into the district be
enrolled in a school with an Academic Performance
Index score that is higher than the school in which
the pupil was previously enrolled. AB 2370 failed
passage in this committee.
SB 680 (Romero, Chapter 198, 2009) extended the
district of choice program to July 1, 2016,
repealed the prohibition on new districts electing
to become districts of choice, and required the
Legislative Analyst's Office to complete an
evaluation of this program by November 1, 2014.
AB 1407 (Huffman, 2009) would have extended the
district of choice program from July 1, 2009 until
July 1, 2014, and would have required the
California Department of Education to prepare and
submit a census report to the Legislature that
evaluates interdistrict transfer options within the
state. AB 1407 was held in the Assembly
Appropriations Committee.
SUPPORT
Alhambra Unified School District
Azusa Unified School District
Baldwin Park Unified School District
Charter Oak Unified School District
Disability Rights California
Fillmore Unified School District
Mountain View School District
Pasadena Unified School District
Rowland Unified School District
Santa Clara County Office of Education
Whittier City School District
OPPOSITION
None on file.