BILL ANALYSIS �
SB 745
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SENATE THIRD READING
SB 745 (Ed Hernandez)
As Amended June 30, 2011
Majority vote
SENATE VOTE :21-14
EDUCATION 6-4
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|Ayes:|Brownley, Ammiano, | | |
| |Butler, Carter, Eng, | | |
| |Williams | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Norby, Buchanan, Beth | | |
| |Gaines, Morrell | | |
| | | | |
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SUMMARY : Requires a school district of choice (DOC) to give
admissions priority to English learners; pupils with exceptional
needs; and, pupils who are eligible for free and reduced-price
meals. Specifically, this bill :
1)Requires a DOC to give first admissions priority to siblings of
pupils already in attendance in that district.
2)Requires a DOC to give second admissions priority to the following
pupils:
a) English learners;
b) Pupils who are individuals with exceptional needs; and,
c) Pupils who are eligible for free and reduced-price meals.
3)Specifies that if the number of priority pupils who request a
particular school exceeds the number of spaces available at that
school, the school district shall conduct a lottery in the group
priority order identified to select pupils at random until all of
the spaces are filled.
4)Requires a DOC to ensure that a pupil who transfers into the
district pursuant to this article is enrolled in a school with a
higher Academic Performance Index score than the school in which
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the pupil was previously enrolled.
EXISTING LAW :
1)Under the 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denied, or withdrawn as well as the reasons for the denials; 2)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; and, 3) The
number of pupils transferred into the district. The Legislative
Analyst is required to make specified information available to the
Governor and the Legislature annually. The DOC program becomes
inoperative on July 1, 2016, and repealed on January 1, 2017.
(Education Code Section 48300-48316)
2)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. (Education Code Section 48306)
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS : 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 agreement
between the district of residence (DOR) and the receiving district
in order for the receiving DOC to admit interdistrict transfers.
Transfer priority is given to the siblings of transfer students
already attending school in the DOC. 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.
Anecdotal evidence suggests that some DOCs recruit higher performing
students, while neglecting those who require additional academic
assistance. Additionally, a lack of data on the DOC program has
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raised questions of the demographic makeup and academic profile of
the populations that the program serves. This bill requires DOCs to
grant priority to English learners, students with exceptional needs
and students who qualify for free and reduced priced meals.
According to the author, this bill 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.
Priority admission : Under current law, DOCs must utilize a random
selection process in its application process if the number of
transfer requests exceeds the number of available transfer spaces.
The current DOC program also provides that a district may not reject
the transfer of a student with exceptional needs or an English
learner under any circumstances. However, educators in the field
have noted that the DOC program has failed to adequately serve these
high need students. This bill provides a pathway to create a more
inclusive DOC program by requiring DOCs to prioritize English
learners, students with exceptional needs and students who qualify
for free and reduced priced meals.
Previous legislation : AB 2370 (Ed Hernandez) of 2010, which failed
passage in the Senate Education Committee, would have established
second tier priorities for attendance in a district of choice, and
required 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.
SB 680 (Romero), Chapter 198, Statutes of 2009, extended the DOC
program to July 1, 2016, and included various provisions pertaining
to the admission of students under the DOC program.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087 FN:
0001539
SB 745
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