AB 1670, as introduced, Donnelly. School enrollment: Open Enrollment Act.
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 other than the school district in which the parent of the pupil resides, as specified. The Open Enrollment Act requires a school district of enrollment, as defined, 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 make nonsubtantive changes to certain provisions of the Open Enrollment Act.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 48356 of the Education Code is amended
2to read:
(a) A school district of enrollment may adopt specific,
2written standards for acceptance and rejection of applications
3pursuant to this article. The standards may include consideration
4of the capacity of a program, class, grade level, school building,
5or adverse financial impact. Subject to subdivision (b), and except
6as necessary in accordance with Section 48355, the standards shall
7not include consideration of a pupil’s previous academic
8achievement, physical condition, proficiency in the English
9language, family income, or any of the individual characteristics
10set forth in Section 200.
11(b) In considering an application pursuant to this article, a
12begin delete nonresidentend delete school districtbegin insert
of enrollmentend insert may apply its usual
13requirements for admission to a magnet school or a program
14designed to serve gifted and talented pupils.
15(c) Subject to the rules and standards that apply to pupils who
16reside in the school district of enrollment, a resident pupil who is
17enrolled in one of the district’s schools pursuant to this article shall
18not be required to submit an application in order to remain enrolled.
19(d) A school district of enrollment shall ensure that pupils
20enrolled pursuant to standards adopted pursuant to this section are
21enrolled in a school with a higher Academic Performance Index
22than the school in which the pupil was previously enrolled and are
23selected through a random, unbiased process that prohibits an
24evaluation of whether or not the pupil should be enrolled based
25on his or her individual academic or athletic
performance, or any
26of the other characteristics set forth in subdivision (a), except that
27pupils applying for a transfer pursuant to this article shall be
28assigned priority for approval as follows:
29(1) First priority for the siblings of children who already attend
30the desired school.
31(2) Second priority for pupils transferring from a program
32improvement school ranked in decile 1 on the Academic
33Performance Index determined pursuant to subdivision (a) of
34Section 48352.
35(3) If the number of pupils who request a particular school
36exceeds the number of spaces available at that school, a lottery
37shall be conducted in the group priority order identified in
38paragraphs (1) and (2) to select pupils at randombegin insert for acceptanceend insert
39
until all of the available spaces are filled.
P3 1(e) The initial application of a pupil for transfer to a school
2within a school district of enrollment shall not be approved if the
3transfer would require the displacement from the desired school
4of any other pupil who resides within the attendance area of that
5school or is currently enrolled in that school.
6(f) A pupil approved for a transfer to a school district of
7enrollment pursuant to this article shall be deemed to have fulfilled
8the requirements of Section 48204.
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