Amended in Assembly January 6, 2014

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1279

Introduced by Assembly Member Conway

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(Coauthors: Assembly Members Bigelow, Beth Gaines, Gorell, Grove, Harkey, Jones, Morrell, and Wilk)

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February 22, 2013

An act to amend Sections 48352, 48354, and 48356 of the Education Code, relating to school enrollment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1279, as amended, Conway. Open Enrollment begin delete Act: expansion to all school districts of residence. end delete begin insert Act. end insert

Existing law, the Open Enrollment Act, authorizes the parent of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district of enrollment, as defined, as specified.

This bill would expand the act to authorize the parent of a pupil enrolled in a school district of residence, as defined, to submit an application for the pupil to attend a school in a school district other than their school district of residence.

The Open Enrollment Act requires a school district of enrollment to ensure that pupils enrolled pursuant to the act are enrolled in a school with a higher Academic Performance Index than the school in which the pupil was previously enrolled and are selected through a random, unbiased process, except that pupils applying for transfer are required to be assigned specified priorities for approval.

This bill would add a third priority for approval for pupils transferring from a school ranked in decile 2 on the Academic Performance Index.

To the extent the bill would expand the duties of school districts under the Open Enrollment Act, the bill would impose a state-mandated local program.

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 48352 of the Education Code is amended
to read:

48352.  

For purposes of this article, the following definitions
apply:

(a) “Parent” means the natural or adoptive parent or guardian
of a dependent child.

(b) “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.

(c) “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.

SEC. 2.  

Section 48354 of the Education Code is amended to
read:

48354.  

(a) The parent of a pupil enrolled in a school district
of residence may submit an application for the pupil to attend a
school in a school district of enrollment pursuant to this article.

(b) (1) Consistent with the requirements of Section
1116(b)(1)(E) of the federal Elementary and Secondary Education
Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first
day of the school year, or, if later, on the date the notice of program
improvement, corrective action, or restructuring status is required
to be provided under federal law, the school district of residence
shall provide the parents and guardians of all pupils enrolled in a
school in the district with notice of the option to transfer to another
public school served by the school district of residence or another
school district.

(2) An application requesting a transfer pursuant to this article
shall be submitted by the parent of a pupil to the school district of
enrollment before January 1 of the school year preceding the school
year for which the pupil is requesting to transfer. The school district
of enrollment may waive the deadline specified in this paragraph.

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

(4) The application may request enrollment of the pupil in a
specific school or program within the school district of enrollment.

(5) A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval
of begin delete his or her end delete begin insert the pupil’s end insert application.

(6) In order to provide priority enrollment opportunities for
pupils residing in the school district, a school district of enrollment
shall establish a period of time for resident pupil enrollment before
accepting transfer applications pursuant to this article.

SEC. 3.  

Section 48356 of the Education Code is amended to
read:

48356.  

(a) A school district of enrollment may adopt specific,
written standards for acceptance and rejection of applications
pursuant to this article. The standards may include consideration
of the capacity of a program, class, grade level, school building,
or adverse financial impact. Subject to subdivision (b), and except
as necessary in accordance with Section 48355, the standards shall
not include consideration of a pupil’s previous academic
achievement, physical condition, proficiency in the English
language, family income, or any of the individual characteristics
set forth in Section 200.

(b) In considering an application pursuant to this article, a
nonresident school district may apply its usual requirements for
admission to a magnet school or a program designed to serve gifted
and talented pupils.

(c) Subject to the rules and standards that apply to pupils who
reside in the school district of enrollment, a resident pupil who is
enrolled in one of the district’s schools pursuant to this article shall
not be required to submit an application in order to remain enrolled.

(d) A school district of enrollment shall ensure that pupils
enrolled pursuant to standards adopted pursuant to this section are
enrolled in a school with a higher Academic Performance Index
than the school in which the pupil was previously enrolled 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 set forth in subdivision (a), except that
pupils applying for a transfer pursuant to this article shall be
assigned priority for approval as follows:

(1) First priority for the siblings of children who already attend
the desired school.

(2) Second priority for pupils transferring from a program
improvement school ranked in decile 1 on the Academic
Performance Index.

(3) Third priority for pupils transferring from a school ranked
in decile 2 on the Academic Performance Index.

(4) 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 identified in
paragraphs (1) to (3), inclusive, to select pupils at random until all
of the available spaces are filled.

(e) The initial application of a pupil for transfer to a school
within a school district of enrollment shall not be approved if the
transfer would require the displacement from the desired school
of any other pupil who resides within the attendance area of that
school or is currently enrolled in that school.

(f) A pupil approved for a transfer to a school district of
enrollment pursuant to this article shall be deemed to have fulfilled
the requirements of Section 48204.

SEC. 4.  

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.