California Senate Bill SB1156 Amended / Bill

 BILL NUMBER: SB 1156AMENDED BILL TEXT AMENDED IN SENATE APRIL 21, 2016 AMENDED IN SENATE MARCH 28, 2016 INTRODUCED BY Senator Huff FEBRUARY 18, 2016 An act to  amend Section 48360 of, and to  amend, repeal, and add Sections 48352, 48354, and 48356  of   of,  the Education Code, relating to school accountability. LEGISLATIVE COUNSEL'S DIGEST SB 1156, as amended, Huff. School accountability: Open Enrollment Act: low-achieving schools.  Commencing   (1)     Commencing  with the 2017-18 school year, the federal Elementary and Secondary Education Act of 1965, as amended by the federal Every Student Succeeds Act, requires the state to identify schools for comprehensive support and improvement pursuant to specified accountability system requirements. Existing state 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 resides, as specified. The act defines "low-achieving school" to mean a school on a list created annually by the Superintendent  of Public Instruction  of 1,000 schools ranked by increasing Academic Performance Index score with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008-09 school year. Commencing July 1,  2017,   2018,  this bill would instead define a "low-achieving school" for purposes of the Open Enrollment Act to include, among others, a school identified by the Superintendent or the State Board of Education for comprehensive support and improvement pursuant to federal specified accountability system requirements, including, among others, a school identified as being in the lowest performing 5% of all  Title I  schools, or a high school failing to graduate 1/3 or more of its pupils.  Notwithstanding those provisions, the bill would provide that a "low-achieving school" shall not include a court, community, or community day school, or a charter school.  The bill would also make conforming changes. 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.  (2) Existing law requires the Superintendent of Public Instruction to contract for an independent evaluation of the open enrollment program, as provided. Existing law requires the Superintendent to provide a final evaluation report to the Legislature, Governor, and State Board of Education on or before October 1, 2014.   This bill would require the Superintendent, in conjunction with the Legislative Analyst's Office, to complete an evaluation of, and to make recommendations on, the open enrollment program, as provided. The bill would require the Superintendent to submit the final evaluation report to the Legislature, Governor, and state board no later than one year after the implementation of the state's new accountability system.   The   (3)     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. (a) For purposes of this article, the following definitions apply: (1) "Low-achieving school" means any school on a list created by the Superintendent pursuant to the following: (A) Consistent with subparagraph (B), the Superintendent annually shall create a list of 1,000 schools ranked by increasing API with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008-09 school year. (B) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following: (i) A local educational agency shall not have more than 10 percent of its schools on the list. However, if the number of schools in a local educational agency is not evenly divisible by 10, the Superintendent shall round up to the next whole number of schools. (ii) Court, community, or community day schools shall not be included on the list. (iii) Charter schools shall not be included on the list. (2) "Parent" means the natural or adoptive parent or guardian of a dependent child. (3) "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. (4) "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. (b) This section shall become inoperative on July 1,  2017,   2018,  and, as of January 1,  2018,   2019,  is repealed, unless a later enacted statute, that becomes operative on or before January 1,  2018,   2019,  deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. Section 48352 is added to the Education Code, to read: 48352. (a) For purposes of this article, the following definitions apply: (1)  (A)    "Low-achieving school" means either of the following:  (A)   (i)  A school that is identified by the Superintendent or the state board for comprehensive support and improvement pursuant to the accountability system requirements of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal Every Student Succeeds Act (Public Law 114-95), including all of the following:  (i)   (I)  A school identified as being in the lowest performing 5 percent of all  Title I  schools.  (ii)   (II)  A high school that fails to graduate one-third or more of its pupils.  (iii)   (III)  A school subject to a mandatory targeted support and improvement plan.  (B)   (ii)  A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.  (B) Notwithstanding subparagraph (A), a "low-achieving school" shall not include the following schools:   (i) Court, community, or community day schools.   (ii) Charter schools.  (2) "Parent" means the natural or adoptive parent or guardian of a dependent child. (3) "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. (4) "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. (b) This section shall become operative on July 1,  2017.   2018.  SEC. 3. Section 48354 of the Education Code is amended to read: 48354. (a) The parent of a pupil enrolled in a low-achieving school 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 low-achieving school, as determined pursuant to paragraph (1) of subdivision (a) of Section 48352, 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 his or her 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. (c) This section shall become inoperative on July 1,  2017,   2018,  and, as of January 1,  2018,   2019,  is repealed, unless a later enacted statute, that becomes operative on or before January 1,  2018,   2019,  deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 4. Section 48354 is added to the Education Code, to read: 48354. (a) The parent of a pupil enrolled in a low-achieving school 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 authorization in Section 1111(d)(1)(D) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal Every Student Succeeds Act (Public Law 114-95), on or before the first day of the school year, or, if later, on the date of the notice of identification of schools for comprehensive support and improvement, the school district of residence shall provide the parents and guardians of all pupils enrolled in a low-achieving school, as determined pursuant to paragraph (1) of subdivision (a) of Section 48352, 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 his or her 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. (c) This section shall become operative on July 1,  2017.   2018.  SEC. 5. 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   nonresident  pupil who is enrolled in one of the school 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, as determined pursuant to paragraph (1) of 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 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. (g) This section shall become inoperative on July 1,  2017,   2018,  and, as of January 1,  2018,   2019,  is repealed, unless a later enacted statute, that becomes operative on or before January 1,  2018,   2019,  deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 6. Section 48356 is added to the Education Code, 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  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   nonresident  pupil who is enrolled in one of the school 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 not identified as being low-achieving pursuant to paragraph (1) of subdivision (a) of Section 48352 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 unduplicated pupils, as defined in paragraph (1) of subdivision (b) of Section 42238.02, transferring from a low-achieving school, as determined pursuant to paragraph (1) of 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 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. (g) This section shall become operative on July 1,  2017.   2018.   SEC. 7.   Section 48360 of the   Education Code   is amended to read:  48360. (a)  From federal funds appropriated for this purpose, the Superintendent shall contract for   The Superintendent, in conjunction w   ith the Legislative Analyst's Office, shall complete  an  independent  evaluation of the open enrollment program operated pursuant to this article. The evaluation shall, at a minimum, consider all of the following: (1) The levels of, and changes in, academic achievement of pupils in school districts of residence and school districts of enrollment for pupils who do and do not elect to enroll in a school district of enrollment. (2) Fiscal and programmatic effects on school districts of residence and school districts of enrollment. (3) Numbers and demographic and socioeconomic characteristics of pupils who do and do not elect to enroll in a school district of enrollment. (b)  (1)    The  Superintendent shall provide a   Superintendent, in conjunction with the Legislative Analyst's Office,   shall make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the state's new accountability system adopted for purposes of complying with the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal Every Student Succeeds Act (Public Law 114-95), including the use of local control funding formula unduplicated subgroup criteria, and may also include recommendations on whether other open enrollment program provisions should be altered, expanded, or deleted. The  final evaluation report shall be submitted  to the Legislature, Governor, and state board  on or before October 1, 2014.   no later than one year after the   implementation of the state's new accountability system adopted for purposes of complying with the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal Every Student Succeeds Act (Public Law 114-95).   (2) The final evaluation report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.   SEC. 7.   SEC. 8.  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.