California 2017-2018 Regular Session

California Assembly Bill AB1370 Compare Versions

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11 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1370Introduced by Assembly Member KileyFebruary 17, 2017 An act to amend Section 48360 of, to amend, repeal, and add Sections 48352, 48354, 48356, and 48359, to add Sections 48357.5, 48359.3, and 48362 to, and to repeal Article 10 (commencing with Section 48350) of Chapter 2 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to school accountability. LEGISLATIVE COUNSEL'S DIGESTAB 1370, as introduced, Kiley. School accountability: Open Enrollment Act: low-achieving schools.(1) Commencing with the 201718 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 (the 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 200809 school year.Commencing July 1, 2019, this bill would instead define a low-achieving school for purposes of the 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. The bill would provide that a low-achieving school shall not include a court, community, or community day school, limit the total number of low-achieving schools to no more than 1,000, and prohibit more than 10% of a local educational agencys schools from being low-performing. Commencing July 1, 2019, the bill would prohibit a school district of enrollment from not accepting transfers due to the costs associated with those transfers or because the pupil is special needs, including an individual with exceptional needs, or the pupil is an English learner, and would authorize a school district of residence to prohibit or limit transfers pursuant to the act only in specified circumstances relating to desegregation. The bill would also make conforming changes. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.(2) The act encourages each school district to keep an accounting of all requests made for alternative attendance pursuant to the act and records of all disposition of those requests, as provided.Commencing July 1, 2019, this bill would instead require each school district of enrollment to keep that information and would require the Superintendent to collect that information, as provided. On or before July 1, 2018, the bill would require the Superintendent to report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, the plan for collecting the information. Commencing July 1, 2019, the bill would require the school district of enrollment, on or before May 15 of each year, to report the information to each school district that is geographically adjacent, to its county office of education, and to the Superintendent, as specified, and would also require the Superintendent to annually make certain information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, as provided. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.(3) The act requires the Superintendent 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 Legislative Analysts Office to complete an evaluation of, and to make recommendations on, the open enrollment program, as provided. The bill would require the Legislative Analysts Office to submit the final evaluation report to the Legislature, Governor, and state board on or before December 1, 2022. The bill would require the Superintendent to provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.(4) This bill would make the act inoperative on July 1, 2023, and would repeal the act on January 1, 2024.(5) 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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:(a)(1) Low-achieving school means any school identified on a list created by the Superintendent pursuant to the following:(1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the(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 200809 school year.(2)(B) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:(A)(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.(B)(ii) Court, community, or community day schools shall not be included on the list.(C)(iii) Charter schools shall not be included on the list.(b)(2) Parent means the natural or adoptive parent or guardian of a dependent child.(c)(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.(d)(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, 2019, and, as of January 1, 2020, 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:(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) A school identified as being in the lowest performing 5 percent of all Title I schools.(II) A high school that fails to graduate one-third or more of its pupils.(III) A school subject to a mandatory targeted support and improvement plan.(ii) A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.(B) Notwithstanding subparagraph (A), a low-achieving school shall not include court, community, or community day 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) The number of schools identified as low-achieving schools shall not exceed 1,000 schools.(c) A local educational agency shall not have more than 10 percent of its schools identified as low-achieving schools. 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.(d) This section shall become operative on July 1, 2019.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 law, the school district of residence shall provide the parents and guardians of all pupils enrolled in a school low-achieving school, as determined in pursuant to paragraph (1) of subdivision (a) of Section 48352 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 prior to 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 prior to 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 prior to before accepting transfer applications pursuant to this article.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, 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, 2019.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 pupils 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 districts 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 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, 2019, and, as of January 1, 2020, 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 pupils 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 nonresident pupil who is enrolled in one of the school districts 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 a low-achieving school 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) Communications to parents by school districts of enrollment shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.(h) All communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence pursuant to Section 48985.(i) (1) The school district of enrollment shall not prohibit a transfer of a pupil under this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, or an English learner.(2) This subdivision is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of enrollment because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this article.(j) A school district of enrollment, with respect to compliance with subdivisions (d) and (g), shall be subject to the audit conducted pursuant to Section 41020.(k) This section shall become operative on July 1, 2019.SEC. 7. Section 48357.5 is added to the Education Code, to read:48357.5. (a) A school district of residence, upon notification of the pupils acceptance to the school district of enrollment, may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following:(1) The court-ordered desegregation plan of the school district of residence.(2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(b) This section shall become operative on July 1, 2019.SEC. 8. Section 48359 of the Education Code is amended to read:48359. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials.(2) The number of pupils who transfer out of the district.(3) The number of pupils who transfer into the district.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.SEC. 9. Section 48359 is added to the Education Code, to read:48359. (a) Each school district of enrollment shall keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.(2) The number of pupils who transfer out of the school district of residence pursuant to this article.(3) The number of pupils who transfer into the school district of enrollment pursuant to this article.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of enrollment at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district of enrollment shall report the information maintained pursuant to subdivision (a) for that school year to each school district that is geographically adjacent to the school district of enrollment, the county office of education in which the school district of enrollment is located, and the Superintendent through the California Longitudinal Pupil Achievement Data System or other electronic program.(c) The Superintendent shall do both of the following:(1) Collect the information specified in subdivision (a) from each school district of enrollment. The Superintendent shall ensure that school districts of enrollment provide this information in a complete format. The Superintendent may provide a template for school districts of enrollment to use and may issue guidance regarding the procedures for collecting and reporting data.(2) Post the information collected pursuant to paragraph (1) on the departments Internet Web site. The information shall be accompanied by an explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.(d) The Superintendent may require the information specified in subdivision (a) to be provided through the California Longitudinal Pupil Achievement Data System, another data collection system administered by the department, or another manner authorized by the Superintendent. It is the intent of the Legislature that the Superintendent collect the data in a manner that minimizes the administrative burden for school districts and the department.(e) The Superintendent shall annually make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office:(1) The number and characteristics of pupils who use the school district open enrollment option pursuant to this article.(2) The assessment scores of schools in school districts of residence and school districts of enrollment pursuant to subdivision (b) of Section 60640.(3) The graduation rates of school districts of enrollment and school districts of residence.(4) The enrollment of school districts of residence and school districts of enrollment for the previous five years.(5) The fiscal health of school districts of residence and school districts of enrollment, including, but not limited to, both of the following:(A) Increasing or declining enrollment.(B) Whether a school district received a negative or qualified rating pursuant to Section 42131.(6) Other information the Superintendent deems appropriate.(f) This section shall become operative on July 1, 2019.SEC. 10. Section 48359.3 is added to the Education Code, to read:48359.3. On or before July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office a description of the plan for collecting the data specified in subdivision (a) of Section 48359, as required pursuant to subdivisions (c) and (d) of Section 48359, as added by the act adding this section.SEC. 11. Section 48360 of the Education Code is amended to read:48360. (a) From federal funds appropriated for this purpose, the Superintendent The Legislative Analysts Office shall contract for 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) The Superintendent Legislative Analysts Office shall provide a make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the states 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 by the Legislative Analysts Office to the Legislature, Governor, and state board on or before October December 1, 2014. 2022. The Superintendent shall provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.SEC. 12. Section 48362 is added to the Education Code, to read:48362. This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.SEC. 13. 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.
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33 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1370Introduced by Assembly Member KileyFebruary 17, 2017 An act to amend Section 48360 of, to amend, repeal, and add Sections 48352, 48354, 48356, and 48359, to add Sections 48357.5, 48359.3, and 48362 to, and to repeal Article 10 (commencing with Section 48350) of Chapter 2 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to school accountability. LEGISLATIVE COUNSEL'S DIGESTAB 1370, as introduced, Kiley. School accountability: Open Enrollment Act: low-achieving schools.(1) Commencing with the 201718 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 (the 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 200809 school year.Commencing July 1, 2019, this bill would instead define a low-achieving school for purposes of the 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. The bill would provide that a low-achieving school shall not include a court, community, or community day school, limit the total number of low-achieving schools to no more than 1,000, and prohibit more than 10% of a local educational agencys schools from being low-performing. Commencing July 1, 2019, the bill would prohibit a school district of enrollment from not accepting transfers due to the costs associated with those transfers or because the pupil is special needs, including an individual with exceptional needs, or the pupil is an English learner, and would authorize a school district of residence to prohibit or limit transfers pursuant to the act only in specified circumstances relating to desegregation. The bill would also make conforming changes. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.(2) The act encourages each school district to keep an accounting of all requests made for alternative attendance pursuant to the act and records of all disposition of those requests, as provided.Commencing July 1, 2019, this bill would instead require each school district of enrollment to keep that information and would require the Superintendent to collect that information, as provided. On or before July 1, 2018, the bill would require the Superintendent to report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, the plan for collecting the information. Commencing July 1, 2019, the bill would require the school district of enrollment, on or before May 15 of each year, to report the information to each school district that is geographically adjacent, to its county office of education, and to the Superintendent, as specified, and would also require the Superintendent to annually make certain information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, as provided. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.(3) The act requires the Superintendent 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 Legislative Analysts Office to complete an evaluation of, and to make recommendations on, the open enrollment program, as provided. The bill would require the Legislative Analysts Office to submit the final evaluation report to the Legislature, Governor, and state board on or before December 1, 2022. The bill would require the Superintendent to provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.(4) This bill would make the act inoperative on July 1, 2023, and would repeal the act on January 1, 2024.(5) 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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99 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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1111 Assembly Bill No. 1370
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1313 Introduced by Assembly Member KileyFebruary 17, 2017
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1515 Introduced by Assembly Member Kiley
1616 February 17, 2017
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1818 An act to amend Section 48360 of, to amend, repeal, and add Sections 48352, 48354, 48356, and 48359, to add Sections 48357.5, 48359.3, and 48362 to, and to repeal Article 10 (commencing with Section 48350) of Chapter 2 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to school accountability.
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2020 LEGISLATIVE COUNSEL'S DIGEST
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2424 AB 1370, as introduced, Kiley. School accountability: Open Enrollment Act: low-achieving schools.
2525
2626 (1) Commencing with the 201718 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 (the 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 200809 school year.Commencing July 1, 2019, this bill would instead define a low-achieving school for purposes of the 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. The bill would provide that a low-achieving school shall not include a court, community, or community day school, limit the total number of low-achieving schools to no more than 1,000, and prohibit more than 10% of a local educational agencys schools from being low-performing. Commencing July 1, 2019, the bill would prohibit a school district of enrollment from not accepting transfers due to the costs associated with those transfers or because the pupil is special needs, including an individual with exceptional needs, or the pupil is an English learner, and would authorize a school district of residence to prohibit or limit transfers pursuant to the act only in specified circumstances relating to desegregation. The bill would also make conforming changes. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.(2) The act encourages each school district to keep an accounting of all requests made for alternative attendance pursuant to the act and records of all disposition of those requests, as provided.Commencing July 1, 2019, this bill would instead require each school district of enrollment to keep that information and would require the Superintendent to collect that information, as provided. On or before July 1, 2018, the bill would require the Superintendent to report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, the plan for collecting the information. Commencing July 1, 2019, the bill would require the school district of enrollment, on or before May 15 of each year, to report the information to each school district that is geographically adjacent, to its county office of education, and to the Superintendent, as specified, and would also require the Superintendent to annually make certain information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, as provided. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.(3) The act requires the Superintendent 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 Legislative Analysts Office to complete an evaluation of, and to make recommendations on, the open enrollment program, as provided. The bill would require the Legislative Analysts Office to submit the final evaluation report to the Legislature, Governor, and state board on or before December 1, 2022. The bill would require the Superintendent to provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.(4) This bill would make the act inoperative on July 1, 2023, and would repeal the act on January 1, 2024.(5) 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 the statutory provisions noted above.
2727
2828 (1) Commencing with the 201718 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.
2929
3030 Existing state law, the Open Enrollment Act (the 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 200809 school year.
3131
3232 Commencing July 1, 2019, this bill would instead define a low-achieving school for purposes of the 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. The bill would provide that a low-achieving school shall not include a court, community, or community day school, limit the total number of low-achieving schools to no more than 1,000, and prohibit more than 10% of a local educational agencys schools from being low-performing. Commencing July 1, 2019, the bill would prohibit a school district of enrollment from not accepting transfers due to the costs associated with those transfers or because the pupil is special needs, including an individual with exceptional needs, or the pupil is an English learner, and would authorize a school district of residence to prohibit or limit transfers pursuant to the act only in specified circumstances relating to desegregation. The bill would also make conforming changes. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.
3333
3434 (2) The act encourages each school district to keep an accounting of all requests made for alternative attendance pursuant to the act and records of all disposition of those requests, as provided.
3535
3636 Commencing July 1, 2019, this bill would instead require each school district of enrollment to keep that information and would require the Superintendent to collect that information, as provided. On or before July 1, 2018, the bill would require the Superintendent to report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, the plan for collecting the information. Commencing July 1, 2019, the bill would require the school district of enrollment, on or before May 15 of each year, to report the information to each school district that is geographically adjacent, to its county office of education, and to the Superintendent, as specified, and would also require the Superintendent to annually make certain information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, as provided. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.
3737
3838 (3) The act requires the Superintendent 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.
3939
4040 This bill would require the Legislative Analysts Office to complete an evaluation of, and to make recommendations on, the open enrollment program, as provided. The bill would require the Legislative Analysts Office to submit the final evaluation report to the Legislature, Governor, and state board on or before December 1, 2022. The bill would require the Superintendent to provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.
4141
4242 (4) This bill would make the act inoperative on July 1, 2023, and would repeal the act on January 1, 2024.
4343
4444 (5) 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.
4545
4646 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 the statutory provisions noted above.
4747
4848 ## Digest Key
4949
5050 ## Bill Text
5151
5252 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:(a)(1) Low-achieving school means any school identified on a list created by the Superintendent pursuant to the following:(1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the(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 200809 school year.(2)(B) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:(A)(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.(B)(ii) Court, community, or community day schools shall not be included on the list.(C)(iii) Charter schools shall not be included on the list.(b)(2) Parent means the natural or adoptive parent or guardian of a dependent child.(c)(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.(d)(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, 2019, and, as of January 1, 2020, 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:(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) A school identified as being in the lowest performing 5 percent of all Title I schools.(II) A high school that fails to graduate one-third or more of its pupils.(III) A school subject to a mandatory targeted support and improvement plan.(ii) A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.(B) Notwithstanding subparagraph (A), a low-achieving school shall not include court, community, or community day 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) The number of schools identified as low-achieving schools shall not exceed 1,000 schools.(c) A local educational agency shall not have more than 10 percent of its schools identified as low-achieving schools. 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.(d) This section shall become operative on July 1, 2019.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 law, the school district of residence shall provide the parents and guardians of all pupils enrolled in a school low-achieving school, as determined in pursuant to paragraph (1) of subdivision (a) of Section 48352 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 prior to 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 prior to 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 prior to before accepting transfer applications pursuant to this article.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, 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, 2019.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 pupils 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 districts 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 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, 2019, and, as of January 1, 2020, 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 pupils 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 nonresident pupil who is enrolled in one of the school districts 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 a low-achieving school 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) Communications to parents by school districts of enrollment shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.(h) All communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence pursuant to Section 48985.(i) (1) The school district of enrollment shall not prohibit a transfer of a pupil under this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, or an English learner.(2) This subdivision is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of enrollment because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this article.(j) A school district of enrollment, with respect to compliance with subdivisions (d) and (g), shall be subject to the audit conducted pursuant to Section 41020.(k) This section shall become operative on July 1, 2019.SEC. 7. Section 48357.5 is added to the Education Code, to read:48357.5. (a) A school district of residence, upon notification of the pupils acceptance to the school district of enrollment, may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following:(1) The court-ordered desegregation plan of the school district of residence.(2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(b) This section shall become operative on July 1, 2019.SEC. 8. Section 48359 of the Education Code is amended to read:48359. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials.(2) The number of pupils who transfer out of the district.(3) The number of pupils who transfer into the district.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.SEC. 9. Section 48359 is added to the Education Code, to read:48359. (a) Each school district of enrollment shall keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.(2) The number of pupils who transfer out of the school district of residence pursuant to this article.(3) The number of pupils who transfer into the school district of enrollment pursuant to this article.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of enrollment at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district of enrollment shall report the information maintained pursuant to subdivision (a) for that school year to each school district that is geographically adjacent to the school district of enrollment, the county office of education in which the school district of enrollment is located, and the Superintendent through the California Longitudinal Pupil Achievement Data System or other electronic program.(c) The Superintendent shall do both of the following:(1) Collect the information specified in subdivision (a) from each school district of enrollment. The Superintendent shall ensure that school districts of enrollment provide this information in a complete format. The Superintendent may provide a template for school districts of enrollment to use and may issue guidance regarding the procedures for collecting and reporting data.(2) Post the information collected pursuant to paragraph (1) on the departments Internet Web site. The information shall be accompanied by an explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.(d) The Superintendent may require the information specified in subdivision (a) to be provided through the California Longitudinal Pupil Achievement Data System, another data collection system administered by the department, or another manner authorized by the Superintendent. It is the intent of the Legislature that the Superintendent collect the data in a manner that minimizes the administrative burden for school districts and the department.(e) The Superintendent shall annually make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office:(1) The number and characteristics of pupils who use the school district open enrollment option pursuant to this article.(2) The assessment scores of schools in school districts of residence and school districts of enrollment pursuant to subdivision (b) of Section 60640.(3) The graduation rates of school districts of enrollment and school districts of residence.(4) The enrollment of school districts of residence and school districts of enrollment for the previous five years.(5) The fiscal health of school districts of residence and school districts of enrollment, including, but not limited to, both of the following:(A) Increasing or declining enrollment.(B) Whether a school district received a negative or qualified rating pursuant to Section 42131.(6) Other information the Superintendent deems appropriate.(f) This section shall become operative on July 1, 2019.SEC. 10. Section 48359.3 is added to the Education Code, to read:48359.3. On or before July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office a description of the plan for collecting the data specified in subdivision (a) of Section 48359, as required pursuant to subdivisions (c) and (d) of Section 48359, as added by the act adding this section.SEC. 11. Section 48360 of the Education Code is amended to read:48360. (a) From federal funds appropriated for this purpose, the Superintendent The Legislative Analysts Office shall contract for 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) The Superintendent Legislative Analysts Office shall provide a make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the states 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 by the Legislative Analysts Office to the Legislature, Governor, and state board on or before October December 1, 2014. 2022. The Superintendent shall provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.SEC. 12. Section 48362 is added to the Education Code, to read:48362. This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.SEC. 13. 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.
5353
5454 The people of the State of California do enact as follows:
5555
5656 ## The people of the State of California do enact as follows:
5757
5858 SECTION 1. Section 48352 of the Education Code is amended to read:48352. (a) For purposes of this article, the following definitions apply:(a)(1) Low-achieving school means any school identified on a list created by the Superintendent pursuant to the following:(1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the(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 200809 school year.(2)(B) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:(A)(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.(B)(ii) Court, community, or community day schools shall not be included on the list.(C)(iii) Charter schools shall not be included on the list.(b)(2) Parent means the natural or adoptive parent or guardian of a dependent child.(c)(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.(d)(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, 2019, and, as of January 1, 2020, is repealed.
5959
6060 SECTION 1. Section 48352 of the Education Code is amended to read:
6161
6262 ### SECTION 1.
6363
6464 48352. (a) For purposes of this article, the following definitions apply:(a)(1) Low-achieving school means any school identified on a list created by the Superintendent pursuant to the following:(1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the(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 200809 school year.(2)(B) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:(A)(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.(B)(ii) Court, community, or community day schools shall not be included on the list.(C)(iii) Charter schools shall not be included on the list.(b)(2) Parent means the natural or adoptive parent or guardian of a dependent child.(c)(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.(d)(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, 2019, and, as of January 1, 2020, is repealed.
6565
6666 48352. (a) For purposes of this article, the following definitions apply:(a)(1) Low-achieving school means any school identified on a list created by the Superintendent pursuant to the following:(1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the(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 200809 school year.(2)(B) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:(A)(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.(B)(ii) Court, community, or community day schools shall not be included on the list.(C)(iii) Charter schools shall not be included on the list.(b)(2) Parent means the natural or adoptive parent or guardian of a dependent child.(c)(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.(d)(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, 2019, and, as of January 1, 2020, is repealed.
6767
6868 48352. (a) For purposes of this article, the following definitions apply:(a)(1) Low-achieving school means any school identified on a list created by the Superintendent pursuant to the following:(1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the(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 200809 school year.(2)(B) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:(A)(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.(B)(ii) Court, community, or community day schools shall not be included on the list.(C)(iii) Charter schools shall not be included on the list.(b)(2) Parent means the natural or adoptive parent or guardian of a dependent child.(c)(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.(d)(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, 2019, and, as of January 1, 2020, is repealed.
6969
7070
7171
7272 48352. (a) For purposes of this article, the following definitions apply:
7373
7474 (a)
7575
7676
7777
7878 (1) Low-achieving school means any school identified on a list created by the Superintendent pursuant to the following:
7979
8080 (1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the
8181
8282
8383
8484 (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 200809 school year.
8585
8686 (2)
8787
8888
8989
9090 (B) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:
9191
9292 (A)
9393
9494
9595
9696 (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.
9797
9898 (B)
9999
100100
101101
102102 (ii) Court, community, or community day schools shall not be included on the list.
103103
104104 (C)
105105
106106
107107
108108 (iii) Charter schools shall not be included on the list.
109109
110110 (b)
111111
112112
113113
114114 (2) Parent means the natural or adoptive parent or guardian of a dependent child.
115115
116116 (c)
117117
118118
119119
120120 (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.
121121
122122 (d)
123123
124124
125125
126126 (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.
127127
128128 (b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
129129
130130 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:(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) A school identified as being in the lowest performing 5 percent of all Title I schools.(II) A high school that fails to graduate one-third or more of its pupils.(III) A school subject to a mandatory targeted support and improvement plan.(ii) A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.(B) Notwithstanding subparagraph (A), a low-achieving school shall not include court, community, or community day 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) The number of schools identified as low-achieving schools shall not exceed 1,000 schools.(c) A local educational agency shall not have more than 10 percent of its schools identified as low-achieving schools. 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.(d) This section shall become operative on July 1, 2019.
131131
132132 SEC. 2. Section 48352 is added to the Education Code, to read:
133133
134134 ### SEC. 2.
135135
136136 48352. (a) For purposes of this article, the following definitions apply:(1) (A) Low-achieving school means either of the following:(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) A school identified as being in the lowest performing 5 percent of all Title I schools.(II) A high school that fails to graduate one-third or more of its pupils.(III) A school subject to a mandatory targeted support and improvement plan.(ii) A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.(B) Notwithstanding subparagraph (A), a low-achieving school shall not include court, community, or community day 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) The number of schools identified as low-achieving schools shall not exceed 1,000 schools.(c) A local educational agency shall not have more than 10 percent of its schools identified as low-achieving schools. 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.(d) This section shall become operative on July 1, 2019.
137137
138138 48352. (a) For purposes of this article, the following definitions apply:(1) (A) Low-achieving school means either of the following:(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) A school identified as being in the lowest performing 5 percent of all Title I schools.(II) A high school that fails to graduate one-third or more of its pupils.(III) A school subject to a mandatory targeted support and improvement plan.(ii) A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.(B) Notwithstanding subparagraph (A), a low-achieving school shall not include court, community, or community day 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) The number of schools identified as low-achieving schools shall not exceed 1,000 schools.(c) A local educational agency shall not have more than 10 percent of its schools identified as low-achieving schools. 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.(d) This section shall become operative on July 1, 2019.
139139
140140 48352. (a) For purposes of this article, the following definitions apply:(1) (A) Low-achieving school means either of the following:(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) A school identified as being in the lowest performing 5 percent of all Title I schools.(II) A high school that fails to graduate one-third or more of its pupils.(III) A school subject to a mandatory targeted support and improvement plan.(ii) A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.(B) Notwithstanding subparagraph (A), a low-achieving school shall not include court, community, or community day 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) The number of schools identified as low-achieving schools shall not exceed 1,000 schools.(c) A local educational agency shall not have more than 10 percent of its schools identified as low-achieving schools. 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.(d) This section shall become operative on July 1, 2019.
141141
142142
143143
144144 48352. (a) For purposes of this article, the following definitions apply:
145145
146146 (1) (A) Low-achieving school means either of the following:
147147
148148 (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:
149149
150150 (I) A school identified as being in the lowest performing 5 percent of all Title I schools.
151151
152152 (II) A high school that fails to graduate one-third or more of its pupils.
153153
154154 (III) A school subject to a mandatory targeted support and improvement plan.
155155
156156 (ii) A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.
157157
158158 (B) Notwithstanding subparagraph (A), a low-achieving school shall not include court, community, or community day schools.
159159
160160 (2) Parent means the natural or adoptive parent or guardian of a dependent child.
161161
162162 (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.
163163
164164 (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.
165165
166166 (b) The number of schools identified as low-achieving schools shall not exceed 1,000 schools.
167167
168168 (c) A local educational agency shall not have more than 10 percent of its schools identified as low-achieving schools. 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.
169169
170170 (d) This section shall become operative on July 1, 2019.
171171
172172 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 law, the school district of residence shall provide the parents and guardians of all pupils enrolled in a school low-achieving school, as determined in pursuant to paragraph (1) of subdivision (a) of Section 48352 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 prior to 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 prior to 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 prior to before accepting transfer applications pursuant to this article.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
173173
174174 SEC. 3. Section 48354 of the Education Code is amended to read:
175175
176176 ### SEC. 3.
177177
178178 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 law, the school district of residence shall provide the parents and guardians of all pupils enrolled in a school low-achieving school, as determined in pursuant to paragraph (1) of subdivision (a) of Section 48352 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 prior to 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 prior to 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 prior to before accepting transfer applications pursuant to this article.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
179179
180180 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 law, the school district of residence shall provide the parents and guardians of all pupils enrolled in a school low-achieving school, as determined in pursuant to paragraph (1) of subdivision (a) of Section 48352 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 prior to 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 prior to 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 prior to before accepting transfer applications pursuant to this article.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
181181
182182 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 law, the school district of residence shall provide the parents and guardians of all pupils enrolled in a school low-achieving school, as determined in pursuant to paragraph (1) of subdivision (a) of Section 48352 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 prior to 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 prior to 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 prior to before accepting transfer applications pursuant to this article.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
183183
184184
185185
186186 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.
187187
188188 (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 law, the school district of residence shall provide the parents and guardians of all pupils enrolled in a school low-achieving school, as determined in pursuant to paragraph (1) of subdivision (a) of Section 48352 48352, with notice of the option to transfer to another public school served by the school district of residence or another school district.
189189
190190 (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 prior to 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.
191191
192192 (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 prior to before submitting the application.
193193
194194 (4) The application may request enrollment of the pupil in a specific school or program within the school district of enrollment.
195195
196196 (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.
197197
198198 (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 prior to before accepting transfer applications pursuant to this article.
199199
200200 (c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
201201
202202 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, 2019.
203203
204204 SEC. 4. Section 48354 is added to the Education Code, to read:
205205
206206 ### SEC. 4.
207207
208208 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, 2019.
209209
210210 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, 2019.
211211
212212 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, 2019.
213213
214214
215215
216216 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.
217217
218218 (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.
219219
220220 (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.
221221
222222 (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.
223223
224224 (4) The application may request enrollment of the pupil in a specific school or program within the school district of enrollment.
225225
226226 (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.
227227
228228 (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.
229229
230230 (c) This section shall become operative on July 1, 2019.
231231
232232 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 pupils 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 districts 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 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, 2019, and, as of January 1, 2020, is repealed.
233233
234234 SEC. 5. Section 48356 of the Education Code is amended to read:
235235
236236 ### SEC. 5.
237237
238238 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 pupils 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 districts 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 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, 2019, and, as of January 1, 2020, is repealed.
239239
240240 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 pupils 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 districts 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 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, 2019, and, as of January 1, 2020, is repealed.
241241
242242 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 pupils 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 districts 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 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, 2019, and, as of January 1, 2020, is repealed.
243243
244244
245245
246246 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 pupils previous academic achievement, physical condition, proficiency in the English language, family income, or any of the individual characteristics set forth in Section 200.
247247
248248 (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.
249249
250250 (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 districts schools pursuant to this article shall not be required to submit an application in order to remain enrolled.
251251
252252 (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:
253253
254254 (1) First priority for the siblings of children who already attend the desired school.
255255
256256 (2) Second priority for pupils transferring from a program improvement school ranked in decile 1 on the Academic Performance Index Index, as determined pursuant to paragraph (1) of subdivision (a) of Section 48352.
257257
258258 (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.
259259
260260 (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.
261261
262262 (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.
263263
264264 (g) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
265265
266266 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 pupils 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 nonresident pupil who is enrolled in one of the school districts 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 a low-achieving school 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) Communications to parents by school districts of enrollment shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.(h) All communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence pursuant to Section 48985.(i) (1) The school district of enrollment shall not prohibit a transfer of a pupil under this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, or an English learner.(2) This subdivision is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of enrollment because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this article.(j) A school district of enrollment, with respect to compliance with subdivisions (d) and (g), shall be subject to the audit conducted pursuant to Section 41020.(k) This section shall become operative on July 1, 2019.
267267
268268 SEC. 6. Section 48356 is added to the Education Code, to read:
269269
270270 ### SEC. 6.
271271
272272 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 pupils 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 nonresident pupil who is enrolled in one of the school districts 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 a low-achieving school 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) Communications to parents by school districts of enrollment shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.(h) All communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence pursuant to Section 48985.(i) (1) The school district of enrollment shall not prohibit a transfer of a pupil under this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, or an English learner.(2) This subdivision is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of enrollment because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this article.(j) A school district of enrollment, with respect to compliance with subdivisions (d) and (g), shall be subject to the audit conducted pursuant to Section 41020.(k) This section shall become operative on July 1, 2019.
273273
274274 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 pupils 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 nonresident pupil who is enrolled in one of the school districts 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 a low-achieving school 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) Communications to parents by school districts of enrollment shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.(h) All communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence pursuant to Section 48985.(i) (1) The school district of enrollment shall not prohibit a transfer of a pupil under this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, or an English learner.(2) This subdivision is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of enrollment because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this article.(j) A school district of enrollment, with respect to compliance with subdivisions (d) and (g), shall be subject to the audit conducted pursuant to Section 41020.(k) This section shall become operative on July 1, 2019.
275275
276276 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 pupils 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 nonresident pupil who is enrolled in one of the school districts 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 a low-achieving school 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) Communications to parents by school districts of enrollment shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.(h) All communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence pursuant to Section 48985.(i) (1) The school district of enrollment shall not prohibit a transfer of a pupil under this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, or an English learner.(2) This subdivision is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of enrollment because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this article.(j) A school district of enrollment, with respect to compliance with subdivisions (d) and (g), shall be subject to the audit conducted pursuant to Section 41020.(k) This section shall become operative on July 1, 2019.
277277
278278
279279
280280 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 pupils previous academic achievement, physical condition, proficiency in the English language, family income, or any of the individual characteristics set forth in Section 200.
281281
282282 (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.
283283
284284 (c) Subject to the rules and standards that apply to pupils who reside in the school district of enrollment, a nonresident pupil who is enrolled in one of the school districts schools pursuant to this article shall not be required to submit an application in order to remain enrolled.
285285
286286 (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 a low-achieving school 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:
287287
288288 (1) First priority for the siblings of children who already attend the desired school.
289289
290290 (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.
291291
292292 (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.
293293
294294 (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.
295295
296296 (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.
297297
298298 (g) Communications to parents by school districts of enrollment shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.
299299
300300 (h) All communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence pursuant to Section 48985.
301301
302302 (i) (1) The school district of enrollment shall not prohibit a transfer of a pupil under this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, or an English learner.
303303
304304 (2) This subdivision is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of enrollment because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this article.
305305
306306 (j) A school district of enrollment, with respect to compliance with subdivisions (d) and (g), shall be subject to the audit conducted pursuant to Section 41020.
307307
308308 (k) This section shall become operative on July 1, 2019.
309309
310310 SEC. 7. Section 48357.5 is added to the Education Code, to read:48357.5. (a) A school district of residence, upon notification of the pupils acceptance to the school district of enrollment, may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following:(1) The court-ordered desegregation plan of the school district of residence.(2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(b) This section shall become operative on July 1, 2019.
311311
312312 SEC. 7. Section 48357.5 is added to the Education Code, to read:
313313
314314 ### SEC. 7.
315315
316316 48357.5. (a) A school district of residence, upon notification of the pupils acceptance to the school district of enrollment, may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following:(1) The court-ordered desegregation plan of the school district of residence.(2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(b) This section shall become operative on July 1, 2019.
317317
318318 48357.5. (a) A school district of residence, upon notification of the pupils acceptance to the school district of enrollment, may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following:(1) The court-ordered desegregation plan of the school district of residence.(2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(b) This section shall become operative on July 1, 2019.
319319
320320 48357.5. (a) A school district of residence, upon notification of the pupils acceptance to the school district of enrollment, may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following:(1) The court-ordered desegregation plan of the school district of residence.(2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.(b) This section shall become operative on July 1, 2019.
321321
322322
323323
324324 48357.5. (a) A school district of residence, upon notification of the pupils acceptance to the school district of enrollment, may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following:
325325
326326 (1) The court-ordered desegregation plan of the school district of residence.
327327
328328 (2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.
329329
330330 (3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.
331331
332332 (b) This section shall become operative on July 1, 2019.
333333
334334 SEC. 8. Section 48359 of the Education Code is amended to read:48359. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials.(2) The number of pupils who transfer out of the district.(3) The number of pupils who transfer into the district.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
335335
336336 SEC. 8. Section 48359 of the Education Code is amended to read:
337337
338338 ### SEC. 8.
339339
340340 48359. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials.(2) The number of pupils who transfer out of the district.(3) The number of pupils who transfer into the district.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
341341
342342 48359. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials.(2) The number of pupils who transfer out of the district.(3) The number of pupils who transfer into the district.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
343343
344344 48359. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials.(2) The number of pupils who transfer out of the district.(3) The number of pupils who transfer into the district.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board.(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
345345
346346
347347
348348 48359. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:
349349
350350 (1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials.
351351
352352 (2) The number of pupils who transfer out of the district.
353353
354354 (3) The number of pupils who transfer into the district.
355355
356356 (4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).
357357
358358 (5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.
359359
360360 (b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board.
361361
362362 (c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
363363
364364 SEC. 9. Section 48359 is added to the Education Code, to read:48359. (a) Each school district of enrollment shall keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.(2) The number of pupils who transfer out of the school district of residence pursuant to this article.(3) The number of pupils who transfer into the school district of enrollment pursuant to this article.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of enrollment at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district of enrollment shall report the information maintained pursuant to subdivision (a) for that school year to each school district that is geographically adjacent to the school district of enrollment, the county office of education in which the school district of enrollment is located, and the Superintendent through the California Longitudinal Pupil Achievement Data System or other electronic program.(c) The Superintendent shall do both of the following:(1) Collect the information specified in subdivision (a) from each school district of enrollment. The Superintendent shall ensure that school districts of enrollment provide this information in a complete format. The Superintendent may provide a template for school districts of enrollment to use and may issue guidance regarding the procedures for collecting and reporting data.(2) Post the information collected pursuant to paragraph (1) on the departments Internet Web site. The information shall be accompanied by an explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.(d) The Superintendent may require the information specified in subdivision (a) to be provided through the California Longitudinal Pupil Achievement Data System, another data collection system administered by the department, or another manner authorized by the Superintendent. It is the intent of the Legislature that the Superintendent collect the data in a manner that minimizes the administrative burden for school districts and the department.(e) The Superintendent shall annually make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office:(1) The number and characteristics of pupils who use the school district open enrollment option pursuant to this article.(2) The assessment scores of schools in school districts of residence and school districts of enrollment pursuant to subdivision (b) of Section 60640.(3) The graduation rates of school districts of enrollment and school districts of residence.(4) The enrollment of school districts of residence and school districts of enrollment for the previous five years.(5) The fiscal health of school districts of residence and school districts of enrollment, including, but not limited to, both of the following:(A) Increasing or declining enrollment.(B) Whether a school district received a negative or qualified rating pursuant to Section 42131.(6) Other information the Superintendent deems appropriate.(f) This section shall become operative on July 1, 2019.
365365
366366 SEC. 9. Section 48359 is added to the Education Code, to read:
367367
368368 ### SEC. 9.
369369
370370 48359. (a) Each school district of enrollment shall keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.(2) The number of pupils who transfer out of the school district of residence pursuant to this article.(3) The number of pupils who transfer into the school district of enrollment pursuant to this article.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of enrollment at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district of enrollment shall report the information maintained pursuant to subdivision (a) for that school year to each school district that is geographically adjacent to the school district of enrollment, the county office of education in which the school district of enrollment is located, and the Superintendent through the California Longitudinal Pupil Achievement Data System or other electronic program.(c) The Superintendent shall do both of the following:(1) Collect the information specified in subdivision (a) from each school district of enrollment. The Superintendent shall ensure that school districts of enrollment provide this information in a complete format. The Superintendent may provide a template for school districts of enrollment to use and may issue guidance regarding the procedures for collecting and reporting data.(2) Post the information collected pursuant to paragraph (1) on the departments Internet Web site. The information shall be accompanied by an explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.(d) The Superintendent may require the information specified in subdivision (a) to be provided through the California Longitudinal Pupil Achievement Data System, another data collection system administered by the department, or another manner authorized by the Superintendent. It is the intent of the Legislature that the Superintendent collect the data in a manner that minimizes the administrative burden for school districts and the department.(e) The Superintendent shall annually make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office:(1) The number and characteristics of pupils who use the school district open enrollment option pursuant to this article.(2) The assessment scores of schools in school districts of residence and school districts of enrollment pursuant to subdivision (b) of Section 60640.(3) The graduation rates of school districts of enrollment and school districts of residence.(4) The enrollment of school districts of residence and school districts of enrollment for the previous five years.(5) The fiscal health of school districts of residence and school districts of enrollment, including, but not limited to, both of the following:(A) Increasing or declining enrollment.(B) Whether a school district received a negative or qualified rating pursuant to Section 42131.(6) Other information the Superintendent deems appropriate.(f) This section shall become operative on July 1, 2019.
371371
372372 48359. (a) Each school district of enrollment shall keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.(2) The number of pupils who transfer out of the school district of residence pursuant to this article.(3) The number of pupils who transfer into the school district of enrollment pursuant to this article.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of enrollment at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district of enrollment shall report the information maintained pursuant to subdivision (a) for that school year to each school district that is geographically adjacent to the school district of enrollment, the county office of education in which the school district of enrollment is located, and the Superintendent through the California Longitudinal Pupil Achievement Data System or other electronic program.(c) The Superintendent shall do both of the following:(1) Collect the information specified in subdivision (a) from each school district of enrollment. The Superintendent shall ensure that school districts of enrollment provide this information in a complete format. The Superintendent may provide a template for school districts of enrollment to use and may issue guidance regarding the procedures for collecting and reporting data.(2) Post the information collected pursuant to paragraph (1) on the departments Internet Web site. The information shall be accompanied by an explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.(d) The Superintendent may require the information specified in subdivision (a) to be provided through the California Longitudinal Pupil Achievement Data System, another data collection system administered by the department, or another manner authorized by the Superintendent. It is the intent of the Legislature that the Superintendent collect the data in a manner that minimizes the administrative burden for school districts and the department.(e) The Superintendent shall annually make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office:(1) The number and characteristics of pupils who use the school district open enrollment option pursuant to this article.(2) The assessment scores of schools in school districts of residence and school districts of enrollment pursuant to subdivision (b) of Section 60640.(3) The graduation rates of school districts of enrollment and school districts of residence.(4) The enrollment of school districts of residence and school districts of enrollment for the previous five years.(5) The fiscal health of school districts of residence and school districts of enrollment, including, but not limited to, both of the following:(A) Increasing or declining enrollment.(B) Whether a school district received a negative or qualified rating pursuant to Section 42131.(6) Other information the Superintendent deems appropriate.(f) This section shall become operative on July 1, 2019.
373373
374374 48359. (a) Each school district of enrollment shall keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:(1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.(2) The number of pupils who transfer out of the school district of residence pursuant to this article.(3) The number of pupils who transfer into the school district of enrollment pursuant to this article.(4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).(5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(b) The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of enrollment at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district of enrollment shall report the information maintained pursuant to subdivision (a) for that school year to each school district that is geographically adjacent to the school district of enrollment, the county office of education in which the school district of enrollment is located, and the Superintendent through the California Longitudinal Pupil Achievement Data System or other electronic program.(c) The Superintendent shall do both of the following:(1) Collect the information specified in subdivision (a) from each school district of enrollment. The Superintendent shall ensure that school districts of enrollment provide this information in a complete format. The Superintendent may provide a template for school districts of enrollment to use and may issue guidance regarding the procedures for collecting and reporting data.(2) Post the information collected pursuant to paragraph (1) on the departments Internet Web site. The information shall be accompanied by an explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.(d) The Superintendent may require the information specified in subdivision (a) to be provided through the California Longitudinal Pupil Achievement Data System, another data collection system administered by the department, or another manner authorized by the Superintendent. It is the intent of the Legislature that the Superintendent collect the data in a manner that minimizes the administrative burden for school districts and the department.(e) The Superintendent shall annually make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office:(1) The number and characteristics of pupils who use the school district open enrollment option pursuant to this article.(2) The assessment scores of schools in school districts of residence and school districts of enrollment pursuant to subdivision (b) of Section 60640.(3) The graduation rates of school districts of enrollment and school districts of residence.(4) The enrollment of school districts of residence and school districts of enrollment for the previous five years.(5) The fiscal health of school districts of residence and school districts of enrollment, including, but not limited to, both of the following:(A) Increasing or declining enrollment.(B) Whether a school district received a negative or qualified rating pursuant to Section 42131.(6) Other information the Superintendent deems appropriate.(f) This section shall become operative on July 1, 2019.
375375
376376
377377
378378 48359. (a) Each school district of enrollment shall keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:
379379
380380 (1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.
381381
382382 (2) The number of pupils who transfer out of the school district of residence pursuant to this article.
383383
384384 (3) The number of pupils who transfer into the school district of enrollment pursuant to this article.
385385
386386 (4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).
387387
388388 (5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.
389389
390390 (b) The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of enrollment at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district of enrollment shall report the information maintained pursuant to subdivision (a) for that school year to each school district that is geographically adjacent to the school district of enrollment, the county office of education in which the school district of enrollment is located, and the Superintendent through the California Longitudinal Pupil Achievement Data System or other electronic program.
391391
392392 (c) The Superintendent shall do both of the following:
393393
394394 (1) Collect the information specified in subdivision (a) from each school district of enrollment. The Superintendent shall ensure that school districts of enrollment provide this information in a complete format. The Superintendent may provide a template for school districts of enrollment to use and may issue guidance regarding the procedures for collecting and reporting data.
395395
396396 (2) Post the information collected pursuant to paragraph (1) on the departments Internet Web site. The information shall be accompanied by an explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.
397397
398398 (d) The Superintendent may require the information specified in subdivision (a) to be provided through the California Longitudinal Pupil Achievement Data System, another data collection system administered by the department, or another manner authorized by the Superintendent. It is the intent of the Legislature that the Superintendent collect the data in a manner that minimizes the administrative burden for school districts and the department.
399399
400400 (e) The Superintendent shall annually make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office:
401401
402402 (1) The number and characteristics of pupils who use the school district open enrollment option pursuant to this article.
403403
404404 (2) The assessment scores of schools in school districts of residence and school districts of enrollment pursuant to subdivision (b) of Section 60640.
405405
406406 (3) The graduation rates of school districts of enrollment and school districts of residence.
407407
408408 (4) The enrollment of school districts of residence and school districts of enrollment for the previous five years.
409409
410410 (5) The fiscal health of school districts of residence and school districts of enrollment, including, but not limited to, both of the following:
411411
412412 (A) Increasing or declining enrollment.
413413
414414 (B) Whether a school district received a negative or qualified rating pursuant to Section 42131.
415415
416416 (6) Other information the Superintendent deems appropriate.
417417
418418 (f) This section shall become operative on July 1, 2019.
419419
420420 SEC. 10. Section 48359.3 is added to the Education Code, to read:48359.3. On or before July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office a description of the plan for collecting the data specified in subdivision (a) of Section 48359, as required pursuant to subdivisions (c) and (d) of Section 48359, as added by the act adding this section.
421421
422422 SEC. 10. Section 48359.3 is added to the Education Code, to read:
423423
424424 ### SEC. 10.
425425
426426 48359.3. On or before July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office a description of the plan for collecting the data specified in subdivision (a) of Section 48359, as required pursuant to subdivisions (c) and (d) of Section 48359, as added by the act adding this section.
427427
428428 48359.3. On or before July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office a description of the plan for collecting the data specified in subdivision (a) of Section 48359, as required pursuant to subdivisions (c) and (d) of Section 48359, as added by the act adding this section.
429429
430430 48359.3. On or before July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office a description of the plan for collecting the data specified in subdivision (a) of Section 48359, as required pursuant to subdivisions (c) and (d) of Section 48359, as added by the act adding this section.
431431
432432
433433
434434 48359.3. On or before July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office a description of the plan for collecting the data specified in subdivision (a) of Section 48359, as required pursuant to subdivisions (c) and (d) of Section 48359, as added by the act adding this section.
435435
436436 SEC. 11. Section 48360 of the Education Code is amended to read:48360. (a) From federal funds appropriated for this purpose, the Superintendent The Legislative Analysts Office shall contract for 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) The Superintendent Legislative Analysts Office shall provide a make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the states 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 by the Legislative Analysts Office to the Legislature, Governor, and state board on or before October December 1, 2014. 2022. The Superintendent shall provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.
437437
438438 SEC. 11. Section 48360 of the Education Code is amended to read:
439439
440440 ### SEC. 11.
441441
442442 48360. (a) From federal funds appropriated for this purpose, the Superintendent The Legislative Analysts Office shall contract for 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) The Superintendent Legislative Analysts Office shall provide a make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the states 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 by the Legislative Analysts Office to the Legislature, Governor, and state board on or before October December 1, 2014. 2022. The Superintendent shall provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.
443443
444444 48360. (a) From federal funds appropriated for this purpose, the Superintendent The Legislative Analysts Office shall contract for 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) The Superintendent Legislative Analysts Office shall provide a make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the states 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 by the Legislative Analysts Office to the Legislature, Governor, and state board on or before October December 1, 2014. 2022. The Superintendent shall provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.
445445
446446 48360. (a) From federal funds appropriated for this purpose, the Superintendent The Legislative Analysts Office shall contract for 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) The Superintendent Legislative Analysts Office shall provide a make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the states 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 by the Legislative Analysts Office to the Legislature, Governor, and state board on or before October December 1, 2014. 2022. The Superintendent shall provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.
447447
448448
449449
450450 48360. (a) From federal funds appropriated for this purpose, the Superintendent The Legislative Analysts Office shall contract for 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:
451451
452452 (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.
453453
454454 (2) Fiscal and programmatic effects on school districts of residence and school districts of enrollment.
455455
456456 (3) Numbers and demographic and socioeconomic characteristics of pupils who do and do not elect to enroll in a school district of enrollment.
457457
458458 (b) The Superintendent Legislative Analysts Office shall provide a make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the states 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 by the Legislative Analysts Office to the Legislature, Governor, and state board on or before October December 1, 2014. 2022. The Superintendent shall provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.
459459
460460 SEC. 12. Section 48362 is added to the Education Code, to read:48362. This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.
461461
462462 SEC. 12. Section 48362 is added to the Education Code, to read:
463463
464464 ### SEC. 12.
465465
466466 48362. This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.
467467
468468 48362. This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.
469469
470470 48362. This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.
471471
472472
473473
474474 48362. This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.
475475
476476 SEC. 13. 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.
477477
478478 SEC. 13. 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.
479479
480480 SEC. 13. 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.
481481
482482 ### SEC. 13.