Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1670

Introduced by Assembly Member Donnelly

February 12, 2014

An act to amend Section begin delete 48356 end delete begin insert 33050 end insert of the Education Code, relating to school enrollment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1670, as amended, Donnelly. School enrollment: Open Enrollment Act begin insert : waiver: parent notice 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 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.

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Existing law authorizes the governing board of a school district or a county office of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the State Board of Education to waive all or part of any section of the Education Code or any regulation of the state board that implements a provision of the Education Code that may be waived, except as specified. The provisions of the Open Enrollment Act are among those provisions that may be waived by the state board.

end insert

This bill would begin delete make nonsubtantive changes to certain end delete begin insert require the governing board of any school district requesting a waiver of the end insert provisions of the Open Enrollment Act begin insert that require a school to be included on the list of low-achieving schools, as defined, to send a written notice to the parents or guardians of each pupil attending each school that would otherwise be listed. The bill would require this notice to include, but not be limited to, instruction on how to contact the state board regarding the request by the school district to waive the listing requirement end insert . begin insert The bill would also update cross-references and delete obsolete provisions. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 33050 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

33050.  

(a) The governing board of a school district or a county
board of education, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, may request the begin delete State Board of Education end delete
begin insert state board end insert to waive all or part of any section of this code or any
regulation adopted by the begin delete State Board of Education end delete begin insert state board end insert
that implements a provision of this code that may be waived,
except:

(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 4 of Part 10 begin insert of
Division 1 of Title 1 end insert .

(2) Chapter 6 (commencing with Section 16000) of Part 10 begin insert of
Division 1 of Title 1 end insert .

(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
(commencing with Section 17070.10), and Chapter 14
(commencing with Section 17085) of Part 10 begin insert of Division 1 of Title
1 end insert .

begin delete

(4) Part 13 (commencing with Section 22000).

end delete begin delete

(5) Section 35735.1.

end delete begin delete

(6) Paragraph (8) of subdivision (a) of Section 37220.

end delete begin delete

(7)

end delete

begin insert (4) end insert  The following provisions of Part 10.5 (commencing with
Section begin delete 17211): end delete begin insert 17210) of Division 1 of Title 1: end insert

(A) Chapter 1 (commencing with Section begin delete 17211) end delete begin insert 17210) end insert .

(B) Article 1 (commencing with Section 17251) to Article 6
(commencing with Section 17365), inclusive, of Chapter 3.

(C) Sections 17416 to 17429, inclusive; Sections 17459 and
17462 and subdivision (a) of Section 17464; and Sections 17582
to 17592, inclusive.

begin insert

(5) Part 13 (commencing with Section 22000) of Division 1 of
Title 1.

end insert begin insert

(6) Section 35735.1.

end insert begin insert

(7) Paragraph (8) of subdivision (a) of Section 37220.

end insert

(8) The following provisions of Part 24 (commencing with
Section begin delete 41000): end delete begin insert 41000) of Division 3: end insert

(A) Sections 41000 to 41360, inclusive.

(B) Sections 41420 to 41423, inclusive.

(C) Sections 41600 to begin delete 41866 end delete begin insert 41863 end insert , inclusive.

(D) Sections 41920 to begin delete 42911 end delete begin insert 42850 end insert , inclusive.

(9) Sections 44504 and 44505.

(10) Article 3 (commencing with Section 44930) of Chapter 4
of Part 25 begin insert of Division 3 end insert and regulations in Title 5 of the California
Code of Regulations adopted pursuant to Article 3 (commencing
with Section 44930) of Chapter 4 of Part 25 begin insert of Division 3 end insert .

(11) Part 26 (commencing with Section 46000) begin insert of Division 4 end insert .

(12) Chapter 6 (commencing with Section 48900) and Chapter
6.5 (commencing with Section 49060) of Part 27 begin insert of Division 4 end insert .

(13) Section 51513.

(14) Chapter 6.10 (commencing with Section 52120) of Part 28
begin insert of Division 4 end insert , relating to class size reduction.

(15) Section 52163.

(16) The identification and assessment criteria relating to any
categorical aid program, including Sections 52164.1 and 52164.6.

(17) Sections 52165, 52166, and 52178.

(18) Article 3 (commencing with Section 52850) of Chapter 12
of Part 28 begin insert of Division 4 end insert .

(19) Section 56364.1, except that this restriction shall not
prohibit the begin delete State Board of Education end delete begin insert state board end insert from approving
any waiver of begin delete Section 56364 or end delete Section 56364.2, begin delete as applicable, end delete
relating to full inclusion.

(20) Article 4 (commencing with Section 60640) of Chapter 5
of Part 33 begin insert of Division 4 end insert , relating to the begin delete STAR Program end delete begin insert MAPP end insert ,
and any other provisions of Chapter 5 (commencing with Section
60600) of Part 33 begin insert of Division 4 end insert that establish requirements for the
begin delete STAR Program end delete begin insert MAPP end insert .

(b) Any waiver of provisions related to the programs identified
in Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part 28 begin insert of
Division 4 end insert .

(c) The waiver of an advisory committee required by law shall
be granted only pursuant to Article 4 (commencing with Section
52870) of Chapter 12 of Part 28 begin insert of Division 4 end insert .

(d) Any request for a waiver submitted by the governing board
of a school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to both of the
following:

(1) Whether the exclusive representative of employees, if any,
as provided in Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, participated in the
development of the waiver.

(2) The exclusive representative’s position regarding the waiver.

(e) Any request for a waiver submitted pursuant to subdivision
(a) relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter
9 of Part 28 begin insert of Division 4 end insert , that is operated by a joint powers entity
established pursuant to Chapter 5 (commencing with Section 6500)
of Division 7 of Title 1 of the Government Code, shall be submitted
as a joint waiver request for each participating school district and
shall meet both of the following conditions:

(1) Each joint waiver request shall comply with all of the
requirements of this article.

(2) The submission of a joint waiver request shall be approved
by a unanimous vote of the governing board of the joint powers
agency.

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(f) The governing board of any school district requesting a
waiver under this section of any provision of Article 5
(commencing with Section 39390) of Chapter 3 of Part 23 shall
provide written notice of any public hearing it conducted pursuant
to subdivision (a), at least 30 days prior to the hearing, to each
public agency identified under Section 39394.

end delete begin insert

(f) The governing board of any school district requesting a
waiver under this section of the provisions of the Open Enrollment
Act (Article 10 (commencing with Section 48350) of Chapter 2 of
Part 27 of Division 4) that require a school to be included on the
list of low-achieving schools, as defined in subdivision (a) of
Section 48352, shall send a written notice to the parents or
guardians of each pupil attending each school that would otherwise
be listed. The notice required under this subdivision shall include,
but not be limited to, instruction on how to contact the state board
regarding the request by the school district to waive the listing
requirement.

end insert

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SECTION 1.  

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 school
district of enrollment 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 determined pursuant to subdivision (a) of
Section 48352.

(3) 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) and (2) to select pupils at random for acceptance
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.

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