AB 1851, as introduced, Bradford. School attendance: interdistrict attendance.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement for the interdistrict attendance of pupils who are residents of the school districts. If the governing board of either of 2 school districts subject to such an agreement fails to approve a request for a permit to attend another school district that is also a party to the agreement within 30 calendar days after the person having legal custody of a pupil has requested the permit, or, in the absence of an agreement between the school districts, fails or refuses to enter into an agreement, the person requesting the permit shall be advised of the right to appeal to the county board of education, as specified. Existing law requires the county board of education, within 30 calendar days after the appeal is filed, to determine whether the pupil should be permitted to attend the school district in which the pupil desires to attend and the applicable period of time, unless the county board of education is located in a class 1 or class 2 county, as defined, in which case the county board of education, until July 1, 2015, is required to make this determination within 40 schooldays.
This bill would delete the July 1, 2015, repeal date thereby indefinitely requiring a county board of education located in a class 1 or class 2 county, as defined, to determine within 40 schooldays whether the pupil should be permitted to attend the school district in which the pupil desires to attend and the applicable period of time. The bill would make nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 46601 of the Education Code, as amended
2by Section 2 of Chapter 87 of the Statutes of 2011, is amended to
3read:
(a) If, within 30 calendar days after the person having
5legal custody of a pupil has so requested, the governing board of
6either school district fails to approve interdistrict attendance in the
7current term, or, in the absence of an agreement between thebegin insert schoolend insert
8 districts, fails or refuses to enter into an agreement, thebegin insert schoolend insert
9 district denying the permit, or, in the absence of an agreement, the
10begin insert schoolend insert district of residence, shall advise the person requesting the
11permit of the right to appeal to the county board
of education.
12(b) If, within 14 calendar days after the commencement of
13instruction in a new term in each of the school districts,
14respectively, when the person having legal custody of a pupil has
15so requested separately of eachbegin insert schoolend insert district not later than 30
16calendar daysbegin delete prior toend deletebegin insert beforeend insert the commencement of instruction in
17that term in thatbegin insert schoolend insert district, the governing board of eitherbegin insert schoolend insert
18 district fails to approve interdistrict
attendance in that term, or, in
19the absence of an agreement between thebegin insert schoolend insert districts to permit
20that attendance, fails or refuses to enter an agreement, thebegin insert schoolend insert
21 district denying the permit, or, in the absence of an agreement, the
22begin insert schoolend insert district of residence, shall advise the person requesting the
23permit of the right to appeal to the county board of education.
24(c) Notifyingbegin insert schoolend insert districts shall also, in all instances, advise
25persons making unsuccessful requests for interdistrict attendance
26of all of the
following:
27(1) The person having legal custody may appeal, within 30
28calendar days of the failure or refusal to issue a permit, or to enter
29into an agreement allowing the attendance, to the county board of
30education having jurisdiction over thebegin insert schoolend insert district of residence
31of the parent or legal guardian or person having legal custody.
P3 1Failure to appeal within the required time is good cause for denial
2of an appeal. An appeal shall be accepted only upon verification
3by the countybegin delete board’send deletebegin insert board of education’send insert designee that appeals
4within thebegin insert schoolend insert
districts have been exhausted. If new evidence
5or grounds for the request are introduced, the county boardbegin insert
of
6educationend insert may remand the matter for further consideration by the
7begin insert schoolend insert district or districts. In all other cases, the appeal shall be
8granted or denied on its merits.
9(2) (A) (i) The county board of education shall, unless clause
10(ii)begin delete is applicable,end deletebegin insert applies,end insert within 30 calendar days after the appeal
11is filed, determine whether the pupil should be permitted to attend
12in thebegin insert schoolend insert district in which the pupil desires to attend and the
13applicable period of
time.
14(ii) The county board of education in a class 1 or class 2 county
15shall, within 40 schooldays after the appeal is filed, determine
16whether the pupil should be permitted to attend in thebegin insert
schoolend insert
17 district in which the pupil desires to attend and the applicable
18period of time.
19(B) In the event that compliance by the county boardbegin insert of
20educationend insert within the time requirement for determining whether
21 the pupil should be permitted to attend in thebegin insert schoolend insert district in
22which the pupil desires to attend is impractical, the county board
23begin insert of educationend insert or the county superintendent of schools, for good
24cause, may extend the time period for up to an additional five
25begin delete school daysend deletebegin insert
schooldaysend insert. The county shall provide adequate notice
26to all parties of the date and time of any hearing scheduled and of
27the opportunity to submit written statements and documentation
28and to be heard on the matter pursuant to rules and regulations
29adopted by the county board of education in accordance with this
30chapter. The county boardbegin insert of education’send insert rules may provide for
31the granting of continuances upon a showing of good cause. The
32county board of education shall render a decision within three
33schooldays of any hearing conducted by thebegin insert countyend insert boardbegin insert of
34educationend insert unless the person who filed the appeal requests a
35postponement.
36(C) In a class 1 or class 2 county, the county boardbegin insert
of
37education’send insert rules may provide for any hearing pursuant to this
38section to be conducted by a hearing officer pursuant to Chapter
3914 (commencing with Section 27720) of Part 3 of Division 2 of
40Title 3 of the Government Code, or by an impartial administrative
P4 1panel of three or more certificated persons appointed by the county
2board of education. Section 27722 of the Government Codebegin delete is begin insert appliesend insert to a hearing by
3applicableend deletebegin delete anyend deletebegin insert anend insert impartial administrative
4panel and, for purposes of this section, the term “hearing officer”
5in Section 27722 of the Government Code includes an impartial
6administrative
panel.begin delete Noend deletebegin insert
Aend insert
member of the impartial administrative
7panel shallbegin insert notend insert be a member of the county board of education, nor
8be employed by the school district of residence or thebegin insert schoolend insert
9 district of desired attendance.
10(D) The definitions of “class 1 county” and “class 2 county” in
11subdivision (e) of Section 48919.5 apply to this section. If the
12hearing officer is not authorized to decide whether the pupil should
13be permitted to attend in thebegin insert schoolend insert district in which the pupil
14desires to attend, the county board of education, within 10 days of
15receiving the recommended decision pursuant to subdivision (b)
16of Section 27722 of the
Government Code, shall render a decision.
17(3) The county supervisor of attendance, or other designee of
18the county superintendent of schools, shall investigate to determine
19whether local remedies in the matter have been exhausted and to
20provide any additional information deemed useful to the county
21boardbegin insert of educationend insert in reaching a decision.
22(4) If the interdistrict attendance involves school districts located
23in different counties, the county board of education having
24jurisdiction over thebegin insert schoolend insert district denying a permit, or refusing
25or failing to enter into an agreement to allow for the issuance of a
26permit, shall have jurisdiction for purposes of an appeal. If both
27begin insert
schoolend insert
districts deny a permit, or refuse or fail to enter into an
28agreement to allow for the issuance of a permit, the county board
29begin insert of educationend insert having jurisdiction over thebegin insert schoolend insert district of residence
30shall have jurisdiction for purposes of an appeal and, upon granting
31a pupil’s appeal, shall seek concurrence in the decision by the
32county boardbegin insert of educationend insert of the other county which shall provide
33adequate opportunity for thebegin insert schoolend insert district under its jurisdiction
34to be heard on the matter before making a decision. If the two
35county boardsbegin insert
of educationend insert do not then concur, the pupil’s appeal
36shall be denied.
37(5) Pupils who are under consideration for expulsion, or who
38have been expelled pursuant to Sections 48915 and 48918, may
39not appeal interdistrict attendance denials or recisions while
P5 1expulsion proceedings are pending, or during the term of the
2expulsion.
3(d) This section shall become inoperative on July 1, 2015, and,
4as of January 1, 2016, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2016, deletes or
6extends the dates on which it becomes inoperative and is repealed.
Section 46601 of the Education Code, as added by
8Section 3 of Chapter 87 of the Statutes of 2011, is repealed.
(a) If, within 30 calendar days after the person having
10legal custody of a pupil has so requested, the governing board of
11either school district fails to approve interdistrict attendance in the
12current term, or, in the absence of an agreement between the
13districts, fails or refuses to enter into an agreement, the district
14denying the permit, or, in the absence of an agreement, the district
15of residence, shall advise the person requesting the permit of the
16right to appeal to the county board of education.
17(b) If, within 14 calendar days after the commencement of
18instruction in a new term in each of the school districts,
19respectively, when the person having legal custody of a pupil has
20so requested
separately of each district not later than 30 calendar
21days prior to the commencement of instruction in that term in that
22district, the governing board of either district fails to approve
23interdistrict attendance in that term, or, in the absence of an
24agreement between the districts to permit that attendance, fails or
25refuses to enter an agreement, the district denying the permit, or,
26in the absence of an agreement, the district of residence, shall
27advise the person requesting the permit of the right to appeal to
28the county board of education.
29(c) Notifying districts shall also, in all instances, advise persons
30making unsuccessful requests for interdistrict attendance of all of
31the following:
32(1) The person having legal custody may appeal, within 30
33calendar days of the failure or refusal to issue a permit, or to enter
34into an agreement allowing the attendance, to the county board
of
35education having jurisdiction over the district of residence of the
36parent or legal guardian or person having legal custody. Failure
37to appeal within the required time is good cause for denial of an
38appeal. An appeal shall be accepted only upon verification by the
39county board’s designee that appeals within the districts have been
40exhausted. If new evidence or grounds for the request are
P6 1introduced, the county board may remand the matter for further
2consideration by the district or districts. In all other cases, the
3appeal shall be granted or denied on its merits.
4(2) (A) The county board of education shall, within 30 calendar
5days after the appeal is filed, determine whether the pupil should
6be permitted to attend in the district in which the pupil desires to
7attend and the applicable period of time.
8(B) In the event that compliance by the county board
within the
9time requirement for determining whether the pupil should be
10permitted to attend in the district in which the pupil desires to
11attend is impractical, the county board or the county superintendent
12of schools, for good cause, may extend the time period for up to
13an additional five schooldays. The county shall provide adequate
14notice to all parties of the date and time of any hearing scheduled
15and of the opportunity to submit written statements and
16documentation and to be heard on the matter pursuant to rules and
17regulations adopted by the county board of education in accordance
18with this chapter. The county board rules may provide for the
19granting of continuances upon a showing of good cause. The
20county board of education shall render a decision within three
21schooldays of any hearing conducted by the board unless the person
22who filed the appeal requests a postponement.
23(C) In a class 1 or class 2 county, the county board rules may
24
provide for any hearing pursuant to this section to be conducted
25by a hearing officer pursuant to Chapter 14 (commencing with
26Section 27720) of Part 3 of Division 2 of Title 3 of the Government
27Code, or by an impartial administrative panel of three or more
28certificated persons appointed by the county board of education.
29Section 27722 of the Government Code is applicable to a hearing
30by any impartial administrative panel and, for purposes of this
31section, the term “hearing officer” in Section 27722 of the
32Government Code includes an impartial administrative panel. No
33member of the impartial administrative panel shall be a member
34of the county board of education, nor be employed by the school
35district of residence or the district of desired attendance.
36(D) The definitions of “class 1 county” and “class 2 county” in
37subdivision (e) of Section 48919.5 apply to this section. If the
38hearing officer is not authorized to decide whether the pupil should
39
be permitted to attend in the district in which the pupil desires to
40attend, the county board of education, within 10 days of receiving
P7 1the recommended decision pursuant to subdivision (b) of Section
227722 of the Government Code, shall render a decision.
3(3) The county supervisor of attendance, or other designee of
4the county superintendent of schools, shall investigate to determine
5whether local remedies in the matter have been exhausted and to
6provide any additional information deemed useful to the county
7board in reaching a decision.
8(4) If the interdistrict attendance involves school districts located
9in different counties, the county board of education having
10jurisdiction over the district denying a permit, or refusing or failing
11to enter into an agreement to allow for the issuance of a permit,
12shall have jurisdiction for purposes of an appeal. If both districts
13deny a
permit, or refuse or fail to enter into an agreement to allow
14for the issuance of a permit, the county board having jurisdiction
15over the district of residence shall have jurisdiction for purposes
16of an appeal and, upon granting a pupil’s appeal, shall seek
17concurrence in the decision by the county board of the other county
18which shall provide adequate opportunity for the district under its
19jurisdiction to be heard on the matter before making a decision. If
20the two county boards do not then concur, the pupil’s appeal shall
21be denied.
22(5) Pupils who are under consideration for expulsion, or who
23have been expelled pursuant to Sections 48915 and 48918, may
24not appeal interdistrict attendance denials or recisions while
25expulsion proceedings are pending, or during the term of the
26expulsion.
27(d) This section shall become operative on July 1, 2015.
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