BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1851|
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CONSENT
Bill No: AB 1851
Author: Bradford (D)
Amended: 5/14/14 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 6/18/14
AYES: Liu, Wyland, Block, Correa, Hancock, Huff, Monning
ASSEMBLY FLOOR : 74-1, 5/23/14 - See last page for vote
SUBJECT : School attendance: interdistrict attendance
SOURCE : Los Angeles County Office of Education
DIGEST : This bill extends the sunset date, from July 1, 2015
to July 1, 2018, that authorizes county boards of education
(CBEs), with countywide average daily attendance (ADA) greater
than 180,000, to determine whether a pupil who has filed an
interdistrict appeal should be permitted to attend in the
district in which the pupil desires to attend, within 40
schooldays.
ANALYSIS : Existing law provides for several means to
authorize interdistrict attendance of a pupil who resides in one
school district but wishes to attend public school in another
school district. The main authorization provides for
interdistrict attendance when both the district of residence and
district of proposed attendance agree. This process allows the
parent or guardian of a pupil requesting interdistrict
attendance to appeal to the CBE in the event that either
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district refuses the requested transfer. In addition, current
law allows the governing board of a school district for a period
not to exceed two school months to provisionally admit to their
schools a pupil who resides in another district, pending a
decision of the two boards, or by the CBE upon appeal, regarding
the interdistrict attendance. The provisional attendance may be
counted by the district of attendance for revenue limit and
state apportionment purposes.
Existing law, specifies if either district fails to approve the
interdistrict attendance of a pupil, or in the case of the
failure or refusal of the districts to enter into an agreement,
the person having legal custody of the pupil may appeal to the
CBE and, requires the CBE to determine, within 30 calendar days,
whether the pupil should be permitted to attend in the district
in which the pupil desires; and, specifies that the CBE in a
Class 1 or Class 2 county shall, within 40 schooldays after the
appeal is filed, determine whether the pupil should be permitted
to attend in the district in which the pupil desires to attend
and the applicable period of time. Specifies, in the event that
compliance by the CBE within the time requirement for
determining whether the pupil should be permitted to attend in
the district in which the pupil desires to attend is
impractical, the CBE or the county superintendent of schools,
for good cause, may extend the time period for up to an
additional five schooldays.
Existing law defines "Class 1 County" to mean a county with
1994-95 countywide ADA of more than 500,000; and defines "Class
2 county" to mean a county with 1994-95 countywide ADA of at
least 180,000 but less than 500,000 ADA.
This bill extends the sunset date, from July 1, 2015 to July 1,
2018, that authorizes CBEs, with countywide ADA greater than
180,000, to determine whether a pupil who has filed an
interdistrict appeal should be permitted to attend in the
district in which the pupil desires to attend, within 40
schooldays.
Prior Legislation
AB 1085 (Davis, Chapter 87, Statutes 2011) authorized CBEs, with
countywide ADA greater than 180,000, to determine whether a
pupil who has filed an interdistrict appeal should be permitted
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to attend in the district in which the pupil desires to attend,
within 40-schooldays; and, specifies that it is the intent of
the Legislature that school districts and CBEs make best efforts
to process interdistrict attendance appeals in an expeditious
fashion. This authorization will sunset as of July 1, 2015.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/19/14)
Los Angeles County Office of Education (source)
Fresno County Office of Education
Orange County Department of Education
San Bernardino County Superintendent of Schools
San Diego Office of Education
Santa Clara Office of Education
ARGUMENTS IN SUPPORT : According to the author's office, this
bill extends the sunset to July 1, 2018, the law that increased
the timeline for CBE in Class 1 and Class 2 counties to
determine, on appeal, whether a pupil should be permitted to
attend school in the district in which the pupil desires. The
Los Angeles County Office of Education handles more transfer
appeals than any other county in the state. The original sunset
is scheduled for July 1, 2015, and to-date it has been
successful. The Los Angeles County Office of Education has
maintained its internal goal of continuing to process each case
in a timely, expeditious manner, with the 30 calendar days being
the goal. Parents have also experienced more time to process
their appeals packets, resulting in fewer parents missing the
timelines than before. When there are a large number of cases,
and when there are vacation days, family emergencies or other
issues, the extra time can make it easier on everyone. The
original sunset date was inserted with the belief that this law
would no longer be necessary at some point. Unfortunately, this
has not been the case, and the appeals have not decreased, but
rather increased to over 1,100 in 2012-13.
ASSEMBLY FLOOR : 74-1, 5/23/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth
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Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer, Levine,
Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina,
Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, John A. P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NOES: Donnelly
NO VOTE RECORDED: Bonilla, Harkey, Roger Hern�ndez, V. Manuel
P�rez, Vacancy
PQ:nl 6/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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