| 1 | | - | Amended IN Senate June 13, 2018 Amended IN Assembly May 30, 2017 Amended IN Assembly May 30, 2017 Amended IN Assembly April 06, 2017 Amended IN Assembly March 07, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 185Introduced by Assembly Members O'Donnell and Irwin Member ODonnell(Coauthor: Senator Morrell)January 19, 2017 An act to add Article 7.1 (commencing with Section 48317) to Chapter 2 of Part 27 of Division 4 of Title 2 of, and to repeal Section 48317 of, Section 32263 to the Education Code, relating to school attendance. school safety.LEGISLATIVE COUNSEL'S DIGESTAB 185, as amended, O'Donnell ODonnell. School attendance: pupil transfer options: school districts of choice. School/Law Enforcement Partnership: stakeholder workgroup.Existing law establishes the School/Law Enforcement Partnership, composed of the Superintendent of Public Instruction and the Attorney General. Existing law requires the partnership to, among other things, develop programs and policies necessary to implement laws relating to comprehensive school safety plans.This bill, no later than June 30, 2019, would require the School/Law Enforcement Partnership to convene a stakeholder workgroup, with specified members, to identify or develop specified resources to be made available to high schools and middle schools on a minors rights and responsibilities during interactions with law enforcement officials, as specified. The bill, no later than June 30, 2020, would require the Superintendent and the Attorney General to post those resources on specified Internet Web sites. The bill also would require the Superintendent and the Attorney General to notify specified entities of the availability of those resources. Existing law authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined, in accordance with specified procedural requirements and limitations. Existing law makes the school district of choice program inoperative on July 1, 2017, and repeals the program on January 1, 2018.This bill would authorize a school district of choice established pursuant to the school district of choice program to continue to operate for pupils enrolled in the program on or before June 30, 2017.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 32263 is added to the Education Code, immediately following Section 32262, to read:32263. (a) No later than June 30, 2019, the partnership shall convene a stakeholder workgroup to identify or develop resources to be made available to high schools and middle schools on a minors rights and responsibilities during interactions with law enforcement officials.(b) The stakeholder workgroup shall include, but need not be limited to, representatives of organizations representing all of the following:(1) Teachers.(2) School administrators.(3) Pupils.(4) Parents.(5) Law enforcement.(6) Civil rights advocates.(7) Immigrant rights advocates.(c) (1) The stakeholder workgroup shall develop resources that may include, but need not be limited to, any of the following:(A) Presentation templates.(B) Video modules.(C) Brochures.(D) Any accompanying materials the workgroup deems appropriate.(2) The content of the resources described in paragraph (1) may include, but need not be limited to, any of the following:(A) What to do if you are stopped by police.(B) What to do if you are stopped in your car.(C) What to do if you are asked about your immigration status.(D) What to do if you are arrested.(E) What to do if you are taken into custody by immigration officials.(F) What to do if you feel your rights have been violated.(d) (1) The partnership shall post the resources developed pursuant to subdivision (c) on the Internet Web sites of their respective organizations no later than June 30, 2020.(2) The Superintendent shall notify school districts, charter schools, and county boards of education of the availability of the resources.(3) The Attorney General shall notify local law enforcement agencies of the availability of the resources.SECTION 1.Article 7.1 (commencing with Section 48317) is added to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, to read:7.1.Pupil Attendance Alternatives48317.(a)A school district of choice established pursuant to Article 7 (commencing with Section 48300), as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year.(b)Except as provided in Section 48318, a school district of choice shall not enroll new pupils through the school district of choice program on or after July 1, 2017.(c)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.48318.(a)A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to Article 7 (commencing with Section 48300), as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so.(b)A sibling of a pupil attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so. |
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| 1 | + | Amended IN Assembly May 30, 2017 Amended IN Assembly April 06, 2017 Amended IN Assembly March 07, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 185Introduced by Assembly Members O'Donnell and Irwin(Coauthor: Senator Morrell)January 19, 2017 An act to amend add Section 48318 to, to add and repeal Section 48317 of, and to repeal Sections 48300, 48301, 48302, 48303, 48304, 48305, 48306, 48307, 48308, 48309, 48310, 48311, 48312, 48313, 48314, 48315, and 48316 of, to amend, repeal, and add Section 48311 of, and to add Sections 48309.5 and 48317 to, the Education Code, relating to school attendance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 185, as amended, O'Donnell. School attendance: pupil transfer options: school districts of choice.(1)Existing Existing law authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined, in accordance with specified procedural requirements and limitations. Existing law makes the school district of choice program inoperative on July 1, 2017, and repeals the program on January 1, 2018.This bill would revise and recast these provisions. The bill would, among other things, expand the list of pupil characteristics that a school district of choice is prohibited from considering in selecting pupils for admission and would revise the requirements for admitting or rejecting and the manner of selecting pupils who apply to transfer to a school district of choice. The bill would revise the limit that a school district of residence may impose on the number of pupils transferring to school districts of choice. The bill would revise the procedural requirements for becoming a school district of choice, including requiring a school district to register as a school district of choice with both the Superintendent of Public Instruction and the county board of education, and would set forth a procedure for hearing complaints or appeals by a school district of choice, a school district of residence, or a pupil who is denied a transfer, as specified. The bill would delete provisions requiring apportionments of state funds to be reduced for school districts of choice that are basic aid school districts. The bill would require a school district of choice to design and implement a transportation program for eligible pupils who enroll in a school district of choice program and would require the school district of choice to provide a pupil who is eligible for free and reduced-price meals free transportation assistance, subject to specified requirements. To the extent the bill would impose additional duties on school districts and other local educational agencies, the bill would impose a state-mandated local program. The bill would revise data, information, and reporting requirements relating to the school district of choice program, including requiring the Superintendent to maintain a list of the school districts of choice in the state and to collect specified other information relating to school districts of choice, and by requiring the Superintendent rather than the Legislative Analyst to make specified information available to the Legislature and the Governor each year. The bill would require the Legislative Analyst to complete and submit an evaluation and recommendations regarding the program to the appropriate education policy committees of the Legislature and the Governor by January 31, 2021. The bill would require the Superintendent to conduct a review of at least 100 randomly selected school districts that enroll pupils through interdistrict transfer and to withhold a specified amount of the school districts apportionment if the school district is accepting pupils through a school district of choice program without being registered or if the Superintendent finds that a school district of choice is not reporting required data.(2)Existing law makes the school district of choice program inoperative on July 1, 2017, and repeals the program on January 1, 2018.This bill would extend the inoperative date to July 1, 2023, and the repeal date to January 1, 2024. repeal the provisions of the school district of choice program, effective immediately, but would authorize a school district of choice established pursuant to the school district of choice program to continue to operate for pupils enrolled in the program on or before June 30, 2017.(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.(4)ThisThis bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 48300 of the Education Code is repealed.48300.For purposes of this article, the following definitions apply:(a)Active military duty means full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) of, and Chapter 1211 (commencing with Section 12401) of, Part II of Subtitle E of Title 10 of the United States Code.(b)Parent means the natural or adoptive parent or guardian of a dependent child.(c)School district of choice means a school district for which a resolution is in effect as described in subdivision (a) of Section 48301.(d)School district of residence means the school district that a pupil would be directed by this chapter to attend, except as otherwise provided by this article.SEC. 2. Section 48301 of the Education Code is repealed.48301.(a)The governing board of any school district may accept interdistrict transfers. A school district that receives an application for attendance under this article is not required to admit pupils to its schools. If, however, the governing board of a school district elects to accept transfers as authorized under this article, it may, by resolution, elect to accept transfer pupils, determine and adopt the number of transfers it is willing to accept under this article, and ensure that pupils admitted under the policy are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based upon his or her academic or athletic performance. Any pupil accepted for transfer shall be deemed to have fulfilled the requirements of Section 48204. If the number of transfer applications exceeds the number of transfers the governing board of a school district elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district.(b)Either the pupils school district of residence, upon notification of the pupils acceptance to the school district of choice pursuant to subdivision (c) of Section 48308, or the school district of choice 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 determines that the transfer would negatively impact any of the following:(1)The court-ordered desegregation plan of the school district.(2)The voluntary desegregation plan of the school district.(3)The racial and ethnic balance of the school district.(c)The school district of residence may not adopt policies that in any way block or discourage pupils from applying for transfer to another school district.(d)Communications to parents or guardians by school districts electing to enroll pupils under the choice options provided by this article shall be factually accurate and not target individual parents or guardians or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.(e)A school district of choice, at its expense, shall ensure that the auditor who conducts the annual audit pursuant to Section 41020, at the same time that he or she is conducting that annual audit, reviews compliance with the provisions in this section regarding a random, unbiased selection process and appropriate communications. The compliance review specified in this subdivision is not subject to the requirements in subdivision (d) of Section 41020. The school district of choice shall notify the auditor regarding this compliance review specified in this subdivision before the commencement of the annual audit. The governing board of the school district of choice shall include a summary of audit exceptions, if any, resulting from the compliance review conducted pursuant to this subdivision in the report it provides pursuant to subdivision (b) of Section 48313.(f)A school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent to a school in any school district, if the school district to which the parent of the pupil applies approves the application for transfer.SEC. 3. Section 48302 of the Education Code is repealed.48302.School districts are encouraged to hold informational hearings on the current educational program the district is offering so that parents may provide input to the district on methods to improve the current program and so that parents may make informed decisions regarding their childrens education.SEC. 4. Section 48303 of the Education Code is repealed.48303.(a)The school district of choice may 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 may reject the transfer of a pupil if the transfer of that pupil would require the district to create a new program to serve that pupil, except that a school district of choice shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, and an English learner.(b)This section is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of choice because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this section.SEC. 5. Section 48304 of the Education Code is repealed.48304.An application of any pupil for transfer may not be approved under this article if the transfer would require the displacement, from a school or program conducted within any attendance area of the school district of choice, of any other pupil who resides within that attendance area or is currently enrolled in that school.SEC. 6. Section 48305 of the Education Code is repealed.48305.School districts of choice may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants.SEC. 7. Section 48306 of the Education Code is repealed.48306.(a)A school district of choice shall give priority for attendance to siblings of children already in attendance in that district.(b)A school district of choice may give priority for attendance to children of military personnel.SEC. 8. Section 48307 of the Education Code is repealed.48307.(a)A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance.(b)A school district of residence with an average daily attendance of less than 50,000 may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period.(c)A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year.(d)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, only if the county superintendent of schools determines that the district would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year exclusively due to the impact of additional pupil transfers pursuant to this article in that year, the district may limit the number of additional pupils who transfer in the upcoming school year pursuant to this article up to the number that the county superintendent identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article.(e)If a school district of residence limits the number of pupils who transfer out of the district pursuant to subdivision (c) or (d), pupils who have already been enrolled or notified of eligibility for enrollment, including through the random, public selection process prior to the action by the district to limit transfers shall be permitted to attend the school district of choice.(f)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of eligibility to enroll in a school district of choice, including a pupil selected by means of a random selection process conducted on or before June 30, 2009, pursuant to this article, as it read on June 30, 2009, shall be permitted to attend the school district of choice.SEC. 9. Section 48308 of the Education Code is repealed.48308.(a)(1)An application requesting a transfer pursuant to this article shall be submitted by the parent or guardian of a pupil to the school district of choice that has elected to accept transfer pupils pursuant to Section 48301 prior to January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice.(2)The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent or guardian of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to submitting the application.(b)The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district.(c)(1)Not later than 90 days after the receipt by a school district of an application for transfer, the governing board of the school district may notify the parent or guardian in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. Final acceptance or rejection shall be made by May 15 preceding the school year for which the pupil is requesting to be transferred.(2)(A)Notwithstanding paragraph (1), the governing board of a school district shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district immediately upon his or her acceptance.(B)If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days prior to the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district shall accept or deny the application prior to the commencement of the school year. A pupil may enroll in a school in the school district immediately upon his or her acceptance.(3)If the application is accepted, the notice required by this subdivision may be provided to the school district of residence. If the application is rejected, the district governing board may set forth in the written notification to the parent or guardian the specific reason or reasons for that determination, and may ensure that the determination, and the specific reason or reasons therefor, are accurately recorded in the minutes of a regularly scheduled board meeting in which the determination was made.(d)Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution withdraws from participation in the program and no longer will accept any transfer pupils from other districts. However, if a school district of choice withdraws from participation in the program, high school pupils admitted under this article may continue until they graduate from high school.SEC. 10. Section 48309 of the Education Code is repealed.48309.(a)Any school district of choice that admits any pupil under this section may accept any completed coursework, attendance, and other academic progress credited to that pupil by the school district or districts previously attended by that pupil, and may grant academic standing to that pupil based upon the districts evaluation of the academic progress credited to that pupil.(b)Any school district of choice that admits a pupil under this section may revoke the pupils transfer if the pupil is recommended for expulsion pursuant to Section 48918.SEC. 11. Section 48310 of the Education Code is repealed.48310.(a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence.(b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice.(c)(1)For a school district of choice that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this section shall be 70 percent of the school district local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, that would have been apportioned to the school district of residence.(2)Notwithstanding paragraph (1), until the Superintendent determines that the school district of residence is funded pursuant to Section 42238.02 in the prior fiscal year, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to paragraph (1) or 70 percent of the sum of the entitlements for the school district of residence for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance pursuant to this article for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02.(3)If the entitlements for the school district of residence computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, paragraph (2) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to paragraph (1).(4)For purposes of this subdivision, the term basic aid school district means a school district that does not receive from the state, for a fiscal year in which this subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02.(d)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation.SEC. 12. Section 48311 of the Education Code is repealed.48311.Upon request of the pupils parent or guardian, each school district of choice that admits a pupil under this section to any school or program of the district may provide to the pupil transportation assistance within the boundaries of the district to that school or program, to the extent that the district otherwise provides transportation assistance to pupils.SEC. 13. Section 48312 of the Education Code is repealed.48312.Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request.SEC. 14. Section 48313 of the Education Code is repealed.48313.(a)Pursuant to this article, each school district electing to accept transfer pupils shall keep an accounting of all requests made for alternative attendance and records of all disposition of those requests that shall 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 transferred out of the district pursuant to this article.(3)The number of pupils transferred into the district 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 at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district shall report the information maintained pursuant to subdivision (a) in addition to information regarding the districts status as a school district of choice in the upcoming school year to each school district that is geographically adjacent to the district electing to accept transfer pupils, the county office of education in which the district is located, the Superintendent, and the Department of Finance. The Department of Finance shall make the information reported to it pursuant to this subdivision available upon request to the Legislative Analyst.(c)The Legislative Analyst annually shall make all of the following information available to the Governor and the appropriate fiscal and policy committees of the Legislature:(1)The number and characteristics of pupils who use the school district of choice option pursuant to this article.(2)The Academic Performance Index scores of schools in school districts of residence and school districts of choice.(3)The graduation rates of school districts of residence and school districts of choice.(4)The enrollment of school districts of residence and school districts of choice for the previous five years.(5)The fiscal health of school districts of residence and school districts of choice, 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)Whether a school district has exceeded the transfer limits specified in Section 48307.(7)Other information the Legislative Analyst deems appropriate.(d)As necessary and practicable, the Legislative Analyst shall survey school districts of residence and school districts of choice to gather the information described in subdivision (c).SEC. 15. Section 48314 of the Education Code is repealed.48314.It is the intent of the Legislature that every parent in this state be informed of their opportunity for currently existing choice options under this article regardless of ethnicity, primary language, or literacy.SEC. 16. Section 48315 of the Education Code is repealed.48315.This article shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 17. Section 48316 of the Education Code is repealed.48316.The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension, to the appropriate education policy committees of the Legislature and to the Governor by January 31, 2016.SEC. 18. Section 48317 is added to the Education Code, to read:48317. (a) A school district of choice established pursuant to this article, as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year.(b) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.SEC. 19. Section 48318 is added to the Education Code, to read:48318. (a) A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to this article, as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so.(b) Siblings of pupils attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so.SEC. 20. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to continue the school district of choice program for pupils currently participating in the program without disruption, it is necessary that this act take immediate effect.SECTION 1.Section 48301 of the Education Code is amended to read:48301.(a)(1)The governing board of any school district may elect to operate the school district as a school district of choice and may accept transfers from school districts of residence pursuant to this article. If the governing board of a school district elects to accept transfers as authorized under this article, it shall, by resolution, determine and adopt the number of transfers it is willing to accept under this article and shall accept all pupils who apply to transfer until the school district is at maximum capacity. The school district of choice shall ensure that pupils admitted under this article are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based upon his or her academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 200.(2)If the number of transfer applications exceeds the number of transfers the governing board of a school district of choice elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district of choice.(b)Communications to parents by school districts of choice shall be factually accurate and not target individual parents, residential neighborhoods, or any other specific ascertainable cohort on the basis of a pupil or pupils actual or perceived academic or athletic skill or other personal characteristic.(c)A school district of choice, with respect to compliance with subdivisions (a) and (b), shall be subject to the audit conducted pursuant to Section 41020.(d)A school district of choice shall post application information on its Internet Web site. This information shall include, at a minimum, any applicable form, information about the transportation program, and the timeline for a transfer pursuant to this article. It also shall include an explanation of the selection process the school district of choice implements pursuant to subdivision (a).(e)A pupil attending a school in a school district of choice shall be deemed to have fulfilled the requirements of Section 48204.(f)All communication from the school district of choice regarding the transfer opportunities under the program and regarding the transportation program shall be available in all languages for which translations are required in the school district of residence pursuant to Section 48985.(g)On or before July 1, 2018, a school district of choice shall register as a school district of choice with both the Superintendent through the California Longitudinal Pupil Achievement Data System or another system specified by the Superintendent and with the county board of education where the school district of choice is located.(h)A school district of choice shall not enroll pupils under this article until the school district has registered pursuant to subdivision (g).SEC. 2.Section 48302 of the Education Code is amended to read:48302.School districts are encouraged to hold informational meetings and make public announcements on the current educational programs the school district is offering so that parents may provide input to the school district on methods to improve the current programs and so that parents may make informed decisions regarding their childrens education.SEC. 3.Section 48306 of the Education Code is amended to read:48306.(a)A school district of choice shall give first priority for attendance to siblings of children already in attendance in that district.(b)A school district of choice shall give second priority for attendance to pupils eligible for free or reduced-price meals.(c)A school district of choice may give priority for attendance to children of military personnel.SEC. 4.Section 48307 of the Education Code is amended to read:48307.(a)A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance.(b)(1)Before the 201819 school year, a school district of residence with an average daily attendance of 50,000 or less may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period.(2)Beginning with the 201819 school year, a school district of residence with an average daily attendance of 50,000 or less may limit the number of pupils transferring out to 3 percent of its estimated average daily attendance in any single school year and may limit the number of pupils enrolled in all school districts of choice at any given time to 6 percent of the average daily attendance of the school district of residence at that point in time. A school district of residence with an average daily attendance of 50,000 or less shall authorize additional pupils to participate in the program authorized by this article as program participants leave or graduate, provided that the total number of pupils does not exceed the school districts 6-percent limit.(3)A pupil who enrolls in a school district of choice before the 201819 school year may continue enrollment in the school district of choice without regard to whether the school district of residence has achieved the 6-percent limit for the current fiscal year. If a school district of residence calculates the percentage of pupils enrolled in all school districts of choice to be greater than 6 percent, no additional transfers shall begin until that percentage is below 6 percent.(4)A school district of residence that, before January 1, 2018, implemented the 10-percent limit and stopped transferring pupils for the duration of the program pursuant to this subdivision, as it read on January 1, 2017, shall authorize 1 percent of the school district average daily attendance to transfer beginning with the 201718 school year and, each school year thereafter, shall authorize an additional 1 percent of the school district average daily attendance to transfer until the 6-percent limit specified in paragraph (2) is reached.(c)A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year, and once the school district of residence has received notification from a school district of choice or school districts of choice that the number of pupils that the school district of residence calculates to be equal to that limit have been accepted into that school district of choice or those school districts of choice, the school district of residence may, by resolution in a public meeting of the governing board of the school district of residence, restrict any further pupils from transferring under this article for the upcoming school year.(d)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, if a county superintendent of schools determines that a school district of residence would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year, the school district of residence may limit the number of pupils who transfer pursuant to this article in the upcoming school year.(e)A school district of residence, upon receiving notification of a pupils acceptance into the school district of choice, 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.(f)Notwithstanding any other provision of this article, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent.(g)A school district of residence shall not adopt policies that in any way block or discourage pupils from applying for transfer to a school district of choice.(h)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of acceptance into a school district of choice before the resolution by the school district of residence to restrict further transfers shall be permitted to attend the school district of choice.SEC. 5.Section 48308 of the Education Code is amended to read:48308.(a)(1)An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of choice before January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice.(2)The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military less than 90 days before submitting the application.(b)The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district of choice.(c)(1)No later than February 15 of the school year preceding the school year for which the pupil is requesting to be transferred, the governing board of the school district of choice shall notify the parent in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. The governing board of the school district of choice may fill vacancies from the waiting list until May 1 preceding the school year for which the pupil is requesting to be transferred. No pupils shall be accepted at a school district of choice after May 1 preceding the school year for which the pupil is requesting to be transferred.(2)If the application is rejected, the governing board of the school district of choice shall include in the written notification to the parent that the number of pupils applying to transfer exceeded the capacity of the school district of choice and that the pupil was not selected during the random drawing. The determination shall be accurately recorded in the minutes of the board meeting in which the determination was made.(3)If a pupil is accepted into a school district of choice, the school district of choice shall notify the school district of residence of the pupil no later than February 15 of the school year preceding the school year for which the pupil is requesting to be transferred. On or before February 15, the school district of choice shall provide the school district of residence the number of pupils accepted, by school and grade level, by the school district of choice. On or before May 2, the school district of choice shall provide the school district of residence with the final number of pupils enrolled, by school, in the school district of choice, the grade levels of the pupils, and the names of the pupils.(4)(A)Notwithstanding paragraph (1), the governing board of a school district of choice shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district of choice immediately upon his or her acceptance.(B)If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days before the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district of choice shall accept or deny the application before the commencement of the school year. A pupil may enroll in a school in the school district of choice immediately upon his or her acceptance.(d)Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution elects to no longer accept any transfer pupils pursuant to this article. However, if a school district of choice elects to no longer accept pupils under this article, high school pupils admitted under this article may continue to attend the same school in the school district of choice until they graduate from high school.SEC. 6.Section 48309.5 is added to the Education Code, to read:48309.5.(a)The parent of a pupil who is denied a transfer pursuant to this article may appeal that decision to the county board of education of the county in which the school district issuing the denial is located.(b)A school district of choice may bring a complaint alleging a violation of this article by a school district of residence to the county board of education of the county in which the school district of residence is located.(c)A school district of residence may bring a complaint alleging a violation of this article by a school district of choice to the county board of education of the county in which the school district of choice is located.(d)In considering an appeal or a complaint brought pursuant to this section, a county board of education shall consider only the provisions of this article and determine only whether the provisions were applied accurately.(e)Nothing in this section shall be interpreted to limit or restrict any entity from seeking a judicial remedy for a violation of this article.SEC. 7.Section 48310 of the Education Code is amended to read:48310.(a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence.(b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice.(c)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation.SEC. 8.Section 48311 of the Education Code is amended to read:48311.(a)Upon request of the pupils parents, each school district of choice that admits a pupil under this section to any school or program of the school district may provide to the pupil free transportation assistance.(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.SEC. 9.Section 48311 is added to the Education Code, to read:48311.(a)Upon request of the pupils parent, a school district of choice shall provide free transportation assistance to the school or program to a pupil who is eligible for free or reduced-price meals and has transferred to a school district of choice.(b)A school district of choice shall provide transportation assistance to pupils pursuant to subdivision (a) who live up to 10 miles from the school district boundary.(c)A school district of choice may provide transportation assistance to any pupil admitted under this article.(d)A school district of choice shall not charge any fees for transportation.(e)The school district of choice shall design and implement a transportation program to provide reasonable access to all eligible pupils pursuant to subdivision (a) enrolled in the school district of choice who reside within 10 miles of the school district boundary.(f)This section shall become operative on July 1, 2020.SEC. 10.Section 48312 of the Education Code is amended to read:48312.(a)Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request.(b)A school district of choice shall make public announcements regarding its schools, programs, including the transportation program, policies, and procedures during the enrollment period.SEC. 11.Section 48313 of the Education Code is amended to read:48313.(a)(1)Pursuant to this article, each school district of choice shall keep an accounting of all requests made for transfers pursuant to this article and records of all disposition of those requests that shall include, but are not limited to, all of the following:(A)The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.(B)The number of pupils transferred out of the school district of choice pursuant to this article.(C)The number of pupils transferred into the school district of choice pursuant to this article.(D)The race, ethnicity, gender, self-reported socioeconomic status, eligibility for free or reduced-price meals, and the school district of residence of each of the pupils described in subparagraphs (B) and (C).(E)The number of pupils described in subparagraphs (B) and (C) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(F)The number of pupils eligible for free or reduced-price meals transported pursuant to subdivision (a) of Section 48311 and the total number of pupils transported under this article.(2)Each school district of choice shall keep records of the transportation plan and map of bus stops, if applicable, for transportation pursuant to Section 48311.(b)The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of choice at a regularly scheduled meeting of the governing board of the school district of choice. No later than October 15 of each year, the school district of choice shall report the information maintained pursuant to subdivision (a) for the current school year in addition to information regarding the districts status as a school district of choice for the upcoming school year to each school district that is geographically adjacent to the school district of choice, the county office of education in which the school district of choice is located, and the Superintendent in a manner consistent with subdivision (e).(c)A school district of choice shall not enroll a pupil under this article if the school district does not report all the data required pursuant to subdivision (b).(d)The Superintendent shall do all of the following:(1)Maintain a list of the school districts of choice in the state.(2)Collect the information specified in subdivision (a) from each school district of choice. The Superintendent shall ensure school districts of choice provide this information in a complete format. The Superintendent may provide a template for school districts of choice to use and may issue guidance regarding the procedures for collecting and reporting data.(3)Post the information collected under paragraphs (1) and (2) on the Internet Web site of the department. The information shall be accompanied by explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.(4)Post a single list of all school choice programs, including, but not limited to, school districts of choice, on the Internet Web site of the department.(e)(1)The Superintendent may require 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 data in the manner that minimizes the administrative burden for school districts and the state.(2)No later than July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office with a description of the plan for collecting the data specified in subdivision (a).(f)The Superintendent annually shall 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 of choice option pursuant to this article.(2) Assessment scores of school districts of choice and school districts of residence pursuant to subdivision (b) of Section 60640.(3)The graduation rates of school districts of residence and school districts of choice.(4)The enrollment of school districts of residence and school districts of choice for the previous five years.(5)The fiscal health of school districts of residence and school districts of choice, 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)Whether a school district of residence has exceeded the transfer limits specified in Section 48307.(7)On and after July 1, 2020, the number of pupils eligible for free or reduced-price meals transported and the total number of pupils transported under this article pursuant to subdivision (a) of Section 48311.(8)Other information the Superintendent deems appropriate.SEC. 12.Section 48314 of the Education Code is amended to read:48314.It is the intent of the Legislature that every parent in this state be informed of his or her opportunity for currently existing school district of choice options under this article regardless of ethnicity, primary language, literacy, or special needs.SEC. 13.Section 48315 of the Education Code is amended to read:48315.This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 14.Section 48316 of the Education Code is amended to read:48316.The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension and recommendations for improvements for the transportation requirement to ensure equal access to the program for low-income pupils, to the appropriate education policy committees of the Legislature and to the Governor by January 31, 2021.SEC. 15.Section 48317 is added to the Education Code, to read:48317.Commencing with the 201718 school year, and each year thereafter, the Superintendent shall conduct a review of not fewer than 100 randomly selected school districts that enroll pupils through interdistrict transfer to determine whether the school district is operating as a school district of choice. If the Superintendent finds that a school district is accepting pupils through a school district of choice program and the school district is not registered pursuant to Section 48301 or finds that a school district of choice is not reporting the required data to the designated agencies pursuant to Section 48313, the Superintendent shall withhold from the school districts apportionment pursuant to Section 42238.02 an amount attributable to the average daily attendance of pupils enrolled through the school district of choice in the previous year. The Superintendent shall withhold this amount of the school districts apportionment until the school district registers pursuant to Section 48301 or provides the required data pursuant to Section 48313.SEC. 16.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.SEC. 17.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to keep the school district of choice program running without disruption to pupils and school districts, it is necessary that this act take immediate effect. |
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| 48 | | - | The people of the State of California do enact as follows:SECTION 1. Section 32263 is added to the Education Code, immediately following Section 32262, to read:32263. (a) No later than June 30, 2019, the partnership shall convene a stakeholder workgroup to identify or develop resources to be made available to high schools and middle schools on a minors rights and responsibilities during interactions with law enforcement officials.(b) The stakeholder workgroup shall include, but need not be limited to, representatives of organizations representing all of the following:(1) Teachers.(2) School administrators.(3) Pupils.(4) Parents.(5) Law enforcement.(6) Civil rights advocates.(7) Immigrant rights advocates.(c) (1) The stakeholder workgroup shall develop resources that may include, but need not be limited to, any of the following:(A) Presentation templates.(B) Video modules.(C) Brochures.(D) Any accompanying materials the workgroup deems appropriate.(2) The content of the resources described in paragraph (1) may include, but need not be limited to, any of the following:(A) What to do if you are stopped by police.(B) What to do if you are stopped in your car.(C) What to do if you are asked about your immigration status.(D) What to do if you are arrested.(E) What to do if you are taken into custody by immigration officials.(F) What to do if you feel your rights have been violated.(d) (1) The partnership shall post the resources developed pursuant to subdivision (c) on the Internet Web sites of their respective organizations no later than June 30, 2020.(2) The Superintendent shall notify school districts, charter schools, and county boards of education of the availability of the resources.(3) The Attorney General shall notify local law enforcement agencies of the availability of the resources.SECTION 1.Article 7.1 (commencing with Section 48317) is added to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, to read:7.1.Pupil Attendance Alternatives48317.(a)A school district of choice established pursuant to Article 7 (commencing with Section 48300), as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year.(b)Except as provided in Section 48318, a school district of choice shall not enroll new pupils through the school district of choice program on or after July 1, 2017.(c)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.48318.(a)A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to Article 7 (commencing with Section 48300), as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so.(b)A sibling of a pupil attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so. |
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| 64 | + | The people of the State of California do enact as follows:SECTION 1. Section 48300 of the Education Code is repealed.48300.For purposes of this article, the following definitions apply:(a)Active military duty means full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) of, and Chapter 1211 (commencing with Section 12401) of, Part II of Subtitle E of Title 10 of the United States Code.(b)Parent means the natural or adoptive parent or guardian of a dependent child.(c)School district of choice means a school district for which a resolution is in effect as described in subdivision (a) of Section 48301.(d)School district of residence means the school district that a pupil would be directed by this chapter to attend, except as otherwise provided by this article.SEC. 2. Section 48301 of the Education Code is repealed.48301.(a)The governing board of any school district may accept interdistrict transfers. A school district that receives an application for attendance under this article is not required to admit pupils to its schools. If, however, the governing board of a school district elects to accept transfers as authorized under this article, it may, by resolution, elect to accept transfer pupils, determine and adopt the number of transfers it is willing to accept under this article, and ensure that pupils admitted under the policy are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based upon his or her academic or athletic performance. Any pupil accepted for transfer shall be deemed to have fulfilled the requirements of Section 48204. If the number of transfer applications exceeds the number of transfers the governing board of a school district elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district.(b)Either the pupils school district of residence, upon notification of the pupils acceptance to the school district of choice pursuant to subdivision (c) of Section 48308, or the school district of choice 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 determines that the transfer would negatively impact any of the following:(1)The court-ordered desegregation plan of the school district.(2)The voluntary desegregation plan of the school district.(3)The racial and ethnic balance of the school district.(c)The school district of residence may not adopt policies that in any way block or discourage pupils from applying for transfer to another school district.(d)Communications to parents or guardians by school districts electing to enroll pupils under the choice options provided by this article shall be factually accurate and not target individual parents or guardians or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.(e)A school district of choice, at its expense, shall ensure that the auditor who conducts the annual audit pursuant to Section 41020, at the same time that he or she is conducting that annual audit, reviews compliance with the provisions in this section regarding a random, unbiased selection process and appropriate communications. The compliance review specified in this subdivision is not subject to the requirements in subdivision (d) of Section 41020. The school district of choice shall notify the auditor regarding this compliance review specified in this subdivision before the commencement of the annual audit. The governing board of the school district of choice shall include a summary of audit exceptions, if any, resulting from the compliance review conducted pursuant to this subdivision in the report it provides pursuant to subdivision (b) of Section 48313.(f)A school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent to a school in any school district, if the school district to which the parent of the pupil applies approves the application for transfer.SEC. 3. Section 48302 of the Education Code is repealed.48302.School districts are encouraged to hold informational hearings on the current educational program the district is offering so that parents may provide input to the district on methods to improve the current program and so that parents may make informed decisions regarding their childrens education.SEC. 4. Section 48303 of the Education Code is repealed.48303.(a)The school district of choice may 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 may reject the transfer of a pupil if the transfer of that pupil would require the district to create a new program to serve that pupil, except that a school district of choice shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, and an English learner.(b)This section is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of choice because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this section.SEC. 5. Section 48304 of the Education Code is repealed.48304.An application of any pupil for transfer may not be approved under this article if the transfer would require the displacement, from a school or program conducted within any attendance area of the school district of choice, of any other pupil who resides within that attendance area or is currently enrolled in that school.SEC. 6. Section 48305 of the Education Code is repealed.48305.School districts of choice may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants.SEC. 7. Section 48306 of the Education Code is repealed.48306.(a)A school district of choice shall give priority for attendance to siblings of children already in attendance in that district.(b)A school district of choice may give priority for attendance to children of military personnel.SEC. 8. Section 48307 of the Education Code is repealed.48307.(a)A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance.(b)A school district of residence with an average daily attendance of less than 50,000 may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period.(c)A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year.(d)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, only if the county superintendent of schools determines that the district would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year exclusively due to the impact of additional pupil transfers pursuant to this article in that year, the district may limit the number of additional pupils who transfer in the upcoming school year pursuant to this article up to the number that the county superintendent identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article.(e)If a school district of residence limits the number of pupils who transfer out of the district pursuant to subdivision (c) or (d), pupils who have already been enrolled or notified of eligibility for enrollment, including through the random, public selection process prior to the action by the district to limit transfers shall be permitted to attend the school district of choice.(f)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of eligibility to enroll in a school district of choice, including a pupil selected by means of a random selection process conducted on or before June 30, 2009, pursuant to this article, as it read on June 30, 2009, shall be permitted to attend the school district of choice.SEC. 9. Section 48308 of the Education Code is repealed.48308.(a)(1)An application requesting a transfer pursuant to this article shall be submitted by the parent or guardian of a pupil to the school district of choice that has elected to accept transfer pupils pursuant to Section 48301 prior to January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice.(2)The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent or guardian of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to submitting the application.(b)The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district.(c)(1)Not later than 90 days after the receipt by a school district of an application for transfer, the governing board of the school district may notify the parent or guardian in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. Final acceptance or rejection shall be made by May 15 preceding the school year for which the pupil is requesting to be transferred.(2)(A)Notwithstanding paragraph (1), the governing board of a school district shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district immediately upon his or her acceptance.(B)If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days prior to the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district shall accept or deny the application prior to the commencement of the school year. A pupil may enroll in a school in the school district immediately upon his or her acceptance.(3)If the application is accepted, the notice required by this subdivision may be provided to the school district of residence. If the application is rejected, the district governing board may set forth in the written notification to the parent or guardian the specific reason or reasons for that determination, and may ensure that the determination, and the specific reason or reasons therefor, are accurately recorded in the minutes of a regularly scheduled board meeting in which the determination was made.(d)Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution withdraws from participation in the program and no longer will accept any transfer pupils from other districts. However, if a school district of choice withdraws from participation in the program, high school pupils admitted under this article may continue until they graduate from high school.SEC. 10. Section 48309 of the Education Code is repealed.48309.(a)Any school district of choice that admits any pupil under this section may accept any completed coursework, attendance, and other academic progress credited to that pupil by the school district or districts previously attended by that pupil, and may grant academic standing to that pupil based upon the districts evaluation of the academic progress credited to that pupil.(b)Any school district of choice that admits a pupil under this section may revoke the pupils transfer if the pupil is recommended for expulsion pursuant to Section 48918.SEC. 11. Section 48310 of the Education Code is repealed.48310.(a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence.(b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice.(c)(1)For a school district of choice that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this section shall be 70 percent of the school district local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, that would have been apportioned to the school district of residence.(2)Notwithstanding paragraph (1), until the Superintendent determines that the school district of residence is funded pursuant to Section 42238.02 in the prior fiscal year, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to paragraph (1) or 70 percent of the sum of the entitlements for the school district of residence for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance pursuant to this article for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02.(3)If the entitlements for the school district of residence computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, paragraph (2) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to paragraph (1).(4)For purposes of this subdivision, the term basic aid school district means a school district that does not receive from the state, for a fiscal year in which this subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02.(d)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation.SEC. 12. Section 48311 of the Education Code is repealed.48311.Upon request of the pupils parent or guardian, each school district of choice that admits a pupil under this section to any school or program of the district may provide to the pupil transportation assistance within the boundaries of the district to that school or program, to the extent that the district otherwise provides transportation assistance to pupils.SEC. 13. Section 48312 of the Education Code is repealed.48312.Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request.SEC. 14. Section 48313 of the Education Code is repealed.48313.(a)Pursuant to this article, each school district electing to accept transfer pupils shall keep an accounting of all requests made for alternative attendance and records of all disposition of those requests that shall 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 transferred out of the district pursuant to this article.(3)The number of pupils transferred into the district 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 at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district shall report the information maintained pursuant to subdivision (a) in addition to information regarding the districts status as a school district of choice in the upcoming school year to each school district that is geographically adjacent to the district electing to accept transfer pupils, the county office of education in which the district is located, the Superintendent, and the Department of Finance. The Department of Finance shall make the information reported to it pursuant to this subdivision available upon request to the Legislative Analyst.(c)The Legislative Analyst annually shall make all of the following information available to the Governor and the appropriate fiscal and policy committees of the Legislature:(1)The number and characteristics of pupils who use the school district of choice option pursuant to this article.(2)The Academic Performance Index scores of schools in school districts of residence and school districts of choice.(3)The graduation rates of school districts of residence and school districts of choice.(4)The enrollment of school districts of residence and school districts of choice for the previous five years.(5)The fiscal health of school districts of residence and school districts of choice, 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)Whether a school district has exceeded the transfer limits specified in Section 48307.(7)Other information the Legislative Analyst deems appropriate.(d)As necessary and practicable, the Legislative Analyst shall survey school districts of residence and school districts of choice to gather the information described in subdivision (c).SEC. 15. Section 48314 of the Education Code is repealed.48314.It is the intent of the Legislature that every parent in this state be informed of their opportunity for currently existing choice options under this article regardless of ethnicity, primary language, or literacy.SEC. 16. Section 48315 of the Education Code is repealed.48315.This article shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 17. Section 48316 of the Education Code is repealed.48316.The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension, to the appropriate education policy committees of the Legislature and to the Governor by January 31, 2016.SEC. 18. Section 48317 is added to the Education Code, to read:48317. (a) A school district of choice established pursuant to this article, as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year.(b) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.SEC. 19. Section 48318 is added to the Education Code, to read:48318. (a) A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to this article, as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so.(b) Siblings of pupils attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so.SEC. 20. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to continue the school district of choice program for pupils currently participating in the program without disruption, it is necessary that this act take immediate effect.SECTION 1.Section 48301 of the Education Code is amended to read:48301.(a)(1)The governing board of any school district may elect to operate the school district as a school district of choice and may accept transfers from school districts of residence pursuant to this article. If the governing board of a school district elects to accept transfers as authorized under this article, it shall, by resolution, determine and adopt the number of transfers it is willing to accept under this article and shall accept all pupils who apply to transfer until the school district is at maximum capacity. The school district of choice shall ensure that pupils admitted under this article are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based upon his or her academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 200.(2)If the number of transfer applications exceeds the number of transfers the governing board of a school district of choice elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district of choice.(b)Communications to parents by school districts of choice shall be factually accurate and not target individual parents, residential neighborhoods, or any other specific ascertainable cohort on the basis of a pupil or pupils actual or perceived academic or athletic skill or other personal characteristic.(c)A school district of choice, with respect to compliance with subdivisions (a) and (b), shall be subject to the audit conducted pursuant to Section 41020.(d)A school district of choice shall post application information on its Internet Web site. This information shall include, at a minimum, any applicable form, information about the transportation program, and the timeline for a transfer pursuant to this article. It also shall include an explanation of the selection process the school district of choice implements pursuant to subdivision (a).(e)A pupil attending a school in a school district of choice shall be deemed to have fulfilled the requirements of Section 48204.(f)All communication from the school district of choice regarding the transfer opportunities under the program and regarding the transportation program shall be available in all languages for which translations are required in the school district of residence pursuant to Section 48985.(g)On or before July 1, 2018, a school district of choice shall register as a school district of choice with both the Superintendent through the California Longitudinal Pupil Achievement Data System or another system specified by the Superintendent and with the county board of education where the school district of choice is located.(h)A school district of choice shall not enroll pupils under this article until the school district has registered pursuant to subdivision (g).SEC. 2.Section 48302 of the Education Code is amended to read:48302.School districts are encouraged to hold informational meetings and make public announcements on the current educational programs the school district is offering so that parents may provide input to the school district on methods to improve the current programs and so that parents may make informed decisions regarding their childrens education.SEC. 3.Section 48306 of the Education Code is amended to read:48306.(a)A school district of choice shall give first priority for attendance to siblings of children already in attendance in that district.(b)A school district of choice shall give second priority for attendance to pupils eligible for free or reduced-price meals.(c)A school district of choice may give priority for attendance to children of military personnel.SEC. 4.Section 48307 of the Education Code is amended to read:48307.(a)A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance.(b)(1)Before the 201819 school year, a school district of residence with an average daily attendance of 50,000 or less may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period.(2)Beginning with the 201819 school year, a school district of residence with an average daily attendance of 50,000 or less may limit the number of pupils transferring out to 3 percent of its estimated average daily attendance in any single school year and may limit the number of pupils enrolled in all school districts of choice at any given time to 6 percent of the average daily attendance of the school district of residence at that point in time. A school district of residence with an average daily attendance of 50,000 or less shall authorize additional pupils to participate in the program authorized by this article as program participants leave or graduate, provided that the total number of pupils does not exceed the school districts 6-percent limit.(3)A pupil who enrolls in a school district of choice before the 201819 school year may continue enrollment in the school district of choice without regard to whether the school district of residence has achieved the 6-percent limit for the current fiscal year. If a school district of residence calculates the percentage of pupils enrolled in all school districts of choice to be greater than 6 percent, no additional transfers shall begin until that percentage is below 6 percent.(4)A school district of residence that, before January 1, 2018, implemented the 10-percent limit and stopped transferring pupils for the duration of the program pursuant to this subdivision, as it read on January 1, 2017, shall authorize 1 percent of the school district average daily attendance to transfer beginning with the 201718 school year and, each school year thereafter, shall authorize an additional 1 percent of the school district average daily attendance to transfer until the 6-percent limit specified in paragraph (2) is reached.(c)A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year, and once the school district of residence has received notification from a school district of choice or school districts of choice that the number of pupils that the school district of residence calculates to be equal to that limit have been accepted into that school district of choice or those school districts of choice, the school district of residence may, by resolution in a public meeting of the governing board of the school district of residence, restrict any further pupils from transferring under this article for the upcoming school year.(d)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, if a county superintendent of schools determines that a school district of residence would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year, the school district of residence may limit the number of pupils who transfer pursuant to this article in the upcoming school year.(e)A school district of residence, upon receiving notification of a pupils acceptance into the school district of choice, 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.(f)Notwithstanding any other provision of this article, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent.(g)A school district of residence shall not adopt policies that in any way block or discourage pupils from applying for transfer to a school district of choice.(h)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of acceptance into a school district of choice before the resolution by the school district of residence to restrict further transfers shall be permitted to attend the school district of choice.SEC. 5.Section 48308 of the Education Code is amended to read:48308.(a)(1)An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of choice before January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice.(2)The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military less than 90 days before submitting the application.(b)The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district of choice.(c)(1)No later than February 15 of the school year preceding the school year for which the pupil is requesting to be transferred, the governing board of the school district of choice shall notify the parent in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. The governing board of the school district of choice may fill vacancies from the waiting list until May 1 preceding the school year for which the pupil is requesting to be transferred. No pupils shall be accepted at a school district of choice after May 1 preceding the school year for which the pupil is requesting to be transferred.(2)If the application is rejected, the governing board of the school district of choice shall include in the written notification to the parent that the number of pupils applying to transfer exceeded the capacity of the school district of choice and that the pupil was not selected during the random drawing. The determination shall be accurately recorded in the minutes of the board meeting in which the determination was made.(3)If a pupil is accepted into a school district of choice, the school district of choice shall notify the school district of residence of the pupil no later than February 15 of the school year preceding the school year for which the pupil is requesting to be transferred. On or before February 15, the school district of choice shall provide the school district of residence the number of pupils accepted, by school and grade level, by the school district of choice. On or before May 2, the school district of choice shall provide the school district of residence with the final number of pupils enrolled, by school, in the school district of choice, the grade levels of the pupils, and the names of the pupils.(4)(A)Notwithstanding paragraph (1), the governing board of a school district of choice shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district of choice immediately upon his or her acceptance.(B)If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days before the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district of choice shall accept or deny the application before the commencement of the school year. A pupil may enroll in a school in the school district of choice immediately upon his or her acceptance.(d)Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution elects to no longer accept any transfer pupils pursuant to this article. However, if a school district of choice elects to no longer accept pupils under this article, high school pupils admitted under this article may continue to attend the same school in the school district of choice until they graduate from high school.SEC. 6.Section 48309.5 is added to the Education Code, to read:48309.5.(a)The parent of a pupil who is denied a transfer pursuant to this article may appeal that decision to the county board of education of the county in which the school district issuing the denial is located.(b)A school district of choice may bring a complaint alleging a violation of this article by a school district of residence to the county board of education of the county in which the school district of residence is located.(c)A school district of residence may bring a complaint alleging a violation of this article by a school district of choice to the county board of education of the county in which the school district of choice is located.(d)In considering an appeal or a complaint brought pursuant to this section, a county board of education shall consider only the provisions of this article and determine only whether the provisions were applied accurately.(e)Nothing in this section shall be interpreted to limit or restrict any entity from seeking a judicial remedy for a violation of this article.SEC. 7.Section 48310 of the Education Code is amended to read:48310.(a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence.(b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice.(c)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation.SEC. 8.Section 48311 of the Education Code is amended to read:48311.(a)Upon request of the pupils parents, each school district of choice that admits a pupil under this section to any school or program of the school district may provide to the pupil free transportation assistance.(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.SEC. 9.Section 48311 is added to the Education Code, to read:48311.(a)Upon request of the pupils parent, a school district of choice shall provide free transportation assistance to the school or program to a pupil who is eligible for free or reduced-price meals and has transferred to a school district of choice.(b)A school district of choice shall provide transportation assistance to pupils pursuant to subdivision (a) who live up to 10 miles from the school district boundary.(c)A school district of choice may provide transportation assistance to any pupil admitted under this article.(d)A school district of choice shall not charge any fees for transportation.(e)The school district of choice shall design and implement a transportation program to provide reasonable access to all eligible pupils pursuant to subdivision (a) enrolled in the school district of choice who reside within 10 miles of the school district boundary.(f)This section shall become operative on July 1, 2020.SEC. 10.Section 48312 of the Education Code is amended to read:48312.(a)Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request.(b)A school district of choice shall make public announcements regarding its schools, programs, including the transportation program, policies, and procedures during the enrollment period.SEC. 11.Section 48313 of the Education Code is amended to read:48313.(a)(1)Pursuant to this article, each school district of choice shall keep an accounting of all requests made for transfers pursuant to this article and records of all disposition of those requests that shall include, but are not limited to, all of the following:(A)The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.(B)The number of pupils transferred out of the school district of choice pursuant to this article.(C)The number of pupils transferred into the school district of choice pursuant to this article.(D)The race, ethnicity, gender, self-reported socioeconomic status, eligibility for free or reduced-price meals, and the school district of residence of each of the pupils described in subparagraphs (B) and (C).(E)The number of pupils described in subparagraphs (B) and (C) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.(F)The number of pupils eligible for free or reduced-price meals transported pursuant to subdivision (a) of Section 48311 and the total number of pupils transported under this article.(2)Each school district of choice shall keep records of the transportation plan and map of bus stops, if applicable, for transportation pursuant to Section 48311.(b)The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of choice at a regularly scheduled meeting of the governing board of the school district of choice. No later than October 15 of each year, the school district of choice shall report the information maintained pursuant to subdivision (a) for the current school year in addition to information regarding the districts status as a school district of choice for the upcoming school year to each school district that is geographically adjacent to the school district of choice, the county office of education in which the school district of choice is located, and the Superintendent in a manner consistent with subdivision (e).(c)A school district of choice shall not enroll a pupil under this article if the school district does not report all the data required pursuant to subdivision (b).(d)The Superintendent shall do all of the following:(1)Maintain a list of the school districts of choice in the state.(2)Collect the information specified in subdivision (a) from each school district of choice. The Superintendent shall ensure school districts of choice provide this information in a complete format. The Superintendent may provide a template for school districts of choice to use and may issue guidance regarding the procedures for collecting and reporting data.(3)Post the information collected under paragraphs (1) and (2) on the Internet Web site of the department. The information shall be accompanied by explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.(4)Post a single list of all school choice programs, including, but not limited to, school districts of choice, on the Internet Web site of the department.(e)(1)The Superintendent may require 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 data in the manner that minimizes the administrative burden for school districts and the state.(2)No later than July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office with a description of the plan for collecting the data specified in subdivision (a).(f)The Superintendent annually shall 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 of choice option pursuant to this article.(2) Assessment scores of school districts of choice and school districts of residence pursuant to subdivision (b) of Section 60640.(3)The graduation rates of school districts of residence and school districts of choice.(4)The enrollment of school districts of residence and school districts of choice for the previous five years.(5)The fiscal health of school districts of residence and school districts of choice, 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)Whether a school district of residence has exceeded the transfer limits specified in Section 48307.(7)On and after July 1, 2020, the number of pupils eligible for free or reduced-price meals transported and the total number of pupils transported under this article pursuant to subdivision (a) of Section 48311.(8)Other information the Superintendent deems appropriate.SEC. 12.Section 48314 of the Education Code is amended to read:48314.It is the intent of the Legislature that every parent in this state be informed of his or her opportunity for currently existing school district of choice options under this article regardless of ethnicity, primary language, literacy, or special needs.SEC. 13.Section 48315 of the Education Code is amended to read:48315.This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 14.Section 48316 of the Education Code is amended to read:48316.The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension and recommendations for improvements for the transportation requirement to ensure equal access to the program for low-income pupils, to the appropriate education policy committees of the Legislature and to the Governor by January 31, 2021.SEC. 15.Section 48317 is added to the Education Code, to read:48317.Commencing with the 201718 school year, and each year thereafter, the Superintendent shall conduct a review of not fewer than 100 randomly selected school districts that enroll pupils through interdistrict transfer to determine whether the school district is operating as a school district of choice. If the Superintendent finds that a school district is accepting pupils through a school district of choice program and the school district is not registered pursuant to Section 48301 or finds that a school district of choice is not reporting the required data to the designated agencies pursuant to Section 48313, the Superintendent shall withhold from the school districts apportionment pursuant to Section 42238.02 an amount attributable to the average daily attendance of pupils enrolled through the school district of choice in the previous year. The Superintendent shall withhold this amount of the school districts apportionment until the school district registers pursuant to Section 48301 or provides the required data pursuant to Section 48313.SEC. 16.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.SEC. 17.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to keep the school district of choice program running without disruption to pupils and school districts, it is necessary that this act take immediate effect. |
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| 114 | | - | (3) The Attorney General shall notify local law enforcement agencies of the availability of the resources. |
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| 113 | + | |
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| 114 | + | (b)Either the pupils school district of residence, upon notification of the pupils acceptance to the school district of choice pursuant to subdivision (c) of Section 48308, or the school district of choice 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 determines that the transfer would negatively impact any of the following: |
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| 115 | + | |
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| 116 | + | |
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| 117 | + | |
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| 118 | + | (1)The court-ordered desegregation plan of the school district. |
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| 119 | + | |
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| 120 | + | |
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| 121 | + | |
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| 122 | + | (2)The voluntary desegregation plan of the school district. |
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| 123 | + | |
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| 124 | + | |
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| 125 | + | |
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| 126 | + | (3)The racial and ethnic balance of the school district. |
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| 127 | + | |
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| 128 | + | |
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| 129 | + | |
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| 130 | + | (c)The school district of residence may not adopt policies that in any way block or discourage pupils from applying for transfer to another school district. |
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| 131 | + | |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | (d)Communications to parents or guardians by school districts electing to enroll pupils under the choice options provided by this article shall be factually accurate and not target individual parents or guardians or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic. |
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| 135 | + | |
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| 136 | + | |
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| 137 | + | |
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| 138 | + | (e)A school district of choice, at its expense, shall ensure that the auditor who conducts the annual audit pursuant to Section 41020, at the same time that he or she is conducting that annual audit, reviews compliance with the provisions in this section regarding a random, unbiased selection process and appropriate communications. The compliance review specified in this subdivision is not subject to the requirements in subdivision (d) of Section 41020. The school district of choice shall notify the auditor regarding this compliance review specified in this subdivision before the commencement of the annual audit. The governing board of the school district of choice shall include a summary of audit exceptions, if any, resulting from the compliance review conducted pursuant to this subdivision in the report it provides pursuant to subdivision (b) of Section 48313. |
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| 139 | + | |
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| 140 | + | |
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| 141 | + | |
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| 142 | + | (f)A school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent to a school in any school district, if the school district to which the parent of the pupil applies approves the application for transfer. |
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| 143 | + | |
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| 144 | + | |
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| 145 | + | |
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| 146 | + | SEC. 3. Section 48302 of the Education Code is repealed.48302.School districts are encouraged to hold informational hearings on the current educational program the district is offering so that parents may provide input to the district on methods to improve the current program and so that parents may make informed decisions regarding their childrens education. |
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| 147 | + | |
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| 148 | + | SEC. 3. Section 48302 of the Education Code is repealed. |
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| 149 | + | |
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| 150 | + | ### SEC. 3. |
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| 151 | + | |
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| 152 | + | 48302.School districts are encouraged to hold informational hearings on the current educational program the district is offering so that parents may provide input to the district on methods to improve the current program and so that parents may make informed decisions regarding their childrens education. |
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| 153 | + | |
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| 154 | + | |
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| 155 | + | |
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| 156 | + | School districts are encouraged to hold informational hearings on the current educational program the district is offering so that parents may provide input to the district on methods to improve the current program and so that parents may make informed decisions regarding their childrens education. |
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| 157 | + | |
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| 158 | + | |
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| 159 | + | |
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| 160 | + | SEC. 4. Section 48303 of the Education Code is repealed.48303.(a)The school district of choice may 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 may reject the transfer of a pupil if the transfer of that pupil would require the district to create a new program to serve that pupil, except that a school district of choice shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, and an English learner.(b)This section is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of choice because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this section. |
|---|
| 161 | + | |
|---|
| 162 | + | SEC. 4. Section 48303 of the Education Code is repealed. |
|---|
| 163 | + | |
|---|
| 164 | + | ### SEC. 4. |
|---|
| 165 | + | |
|---|
| 166 | + | 48303.(a)The school district of choice may 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 may reject the transfer of a pupil if the transfer of that pupil would require the district to create a new program to serve that pupil, except that a school district of choice shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, and an English learner.(b)This section is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of choice because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this section. |
|---|
| 167 | + | |
|---|
| 168 | + | |
|---|
| 169 | + | |
|---|
| 170 | + | (a)The school district of choice may 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 may reject the transfer of a pupil if the transfer of that pupil would require the district to create a new program to serve that pupil, except that a school district of choice shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, and an English learner. |
|---|
| 171 | + | |
|---|
| 172 | + | |
|---|
| 173 | + | |
|---|
| 174 | + | (b)This section is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of choice because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this section. |
|---|
| 175 | + | |
|---|
| 176 | + | |
|---|
| 177 | + | |
|---|
| 178 | + | SEC. 5. Section 48304 of the Education Code is repealed.48304.An application of any pupil for transfer may not be approved under this article if the transfer would require the displacement, from a school or program conducted within any attendance area of the school district of choice, of any other pupil who resides within that attendance area or is currently enrolled in that school. |
|---|
| 179 | + | |
|---|
| 180 | + | SEC. 5. Section 48304 of the Education Code is repealed. |
|---|
| 181 | + | |
|---|
| 182 | + | ### SEC. 5. |
|---|
| 183 | + | |
|---|
| 184 | + | 48304.An application of any pupil for transfer may not be approved under this article if the transfer would require the displacement, from a school or program conducted within any attendance area of the school district of choice, of any other pupil who resides within that attendance area or is currently enrolled in that school. |
|---|
| 185 | + | |
|---|
| 186 | + | |
|---|
| 187 | + | |
|---|
| 188 | + | An application of any pupil for transfer may not be approved under this article if the transfer would require the displacement, from a school or program conducted within any attendance area of the school district of choice, of any other pupil who resides within that attendance area or is currently enrolled in that school. |
|---|
| 189 | + | |
|---|
| 190 | + | |
|---|
| 191 | + | |
|---|
| 192 | + | SEC. 6. Section 48305 of the Education Code is repealed.48305.School districts of choice may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. |
|---|
| 193 | + | |
|---|
| 194 | + | SEC. 6. Section 48305 of the Education Code is repealed. |
|---|
| 195 | + | |
|---|
| 196 | + | ### SEC. 6. |
|---|
| 197 | + | |
|---|
| 198 | + | 48305.School districts of choice may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. |
|---|
| 199 | + | |
|---|
| 200 | + | |
|---|
| 201 | + | |
|---|
| 202 | + | School districts of choice may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. |
|---|
| 203 | + | |
|---|
| 204 | + | |
|---|
| 205 | + | |
|---|
| 206 | + | SEC. 7. Section 48306 of the Education Code is repealed.48306.(a)A school district of choice shall give priority for attendance to siblings of children already in attendance in that district.(b)A school district of choice may give priority for attendance to children of military personnel. |
|---|
| 207 | + | |
|---|
| 208 | + | SEC. 7. Section 48306 of the Education Code is repealed. |
|---|
| 209 | + | |
|---|
| 210 | + | ### SEC. 7. |
|---|
| 211 | + | |
|---|
| 212 | + | 48306.(a)A school district of choice shall give priority for attendance to siblings of children already in attendance in that district.(b)A school district of choice may give priority for attendance to children of military personnel. |
|---|
| 213 | + | |
|---|
| 214 | + | |
|---|
| 215 | + | |
|---|
| 216 | + | (a)A school district of choice shall give priority for attendance to siblings of children already in attendance in that district. |
|---|
| 217 | + | |
|---|
| 218 | + | |
|---|
| 219 | + | |
|---|
| 220 | + | (b)A school district of choice may give priority for attendance to children of military personnel. |
|---|
| 221 | + | |
|---|
| 222 | + | |
|---|
| 223 | + | |
|---|
| 224 | + | SEC. 8. Section 48307 of the Education Code is repealed.48307.(a)A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance.(b)A school district of residence with an average daily attendance of less than 50,000 may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period.(c)A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year.(d)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, only if the county superintendent of schools determines that the district would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year exclusively due to the impact of additional pupil transfers pursuant to this article in that year, the district may limit the number of additional pupils who transfer in the upcoming school year pursuant to this article up to the number that the county superintendent identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article.(e)If a school district of residence limits the number of pupils who transfer out of the district pursuant to subdivision (c) or (d), pupils who have already been enrolled or notified of eligibility for enrollment, including through the random, public selection process prior to the action by the district to limit transfers shall be permitted to attend the school district of choice.(f)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of eligibility to enroll in a school district of choice, including a pupil selected by means of a random selection process conducted on or before June 30, 2009, pursuant to this article, as it read on June 30, 2009, shall be permitted to attend the school district of choice. |
|---|
| 225 | + | |
|---|
| 226 | + | SEC. 8. Section 48307 of the Education Code is repealed. |
|---|
| 227 | + | |
|---|
| 228 | + | ### SEC. 8. |
|---|
| 229 | + | |
|---|
| 230 | + | 48307.(a)A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance.(b)A school district of residence with an average daily attendance of less than 50,000 may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period.(c)A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year.(d)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, only if the county superintendent of schools determines that the district would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year exclusively due to the impact of additional pupil transfers pursuant to this article in that year, the district may limit the number of additional pupils who transfer in the upcoming school year pursuant to this article up to the number that the county superintendent identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article.(e)If a school district of residence limits the number of pupils who transfer out of the district pursuant to subdivision (c) or (d), pupils who have already been enrolled or notified of eligibility for enrollment, including through the random, public selection process prior to the action by the district to limit transfers shall be permitted to attend the school district of choice.(f)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of eligibility to enroll in a school district of choice, including a pupil selected by means of a random selection process conducted on or before June 30, 2009, pursuant to this article, as it read on June 30, 2009, shall be permitted to attend the school district of choice. |
|---|
| 231 | + | |
|---|
| 232 | + | |
|---|
| 233 | + | |
|---|
| 234 | + | (a)A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance. |
|---|
| 235 | + | |
|---|
| 236 | + | |
|---|
| 237 | + | |
|---|
| 238 | + | (b)A school district of residence with an average daily attendance of less than 50,000 may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period. |
|---|
| 239 | + | |
|---|
| 240 | + | |
|---|
| 241 | + | |
|---|
| 242 | + | (c)A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year. |
|---|
| 243 | + | |
|---|
| 244 | + | |
|---|
| 245 | + | |
|---|
| 246 | + | (d)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, only if the county superintendent of schools determines that the district would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year exclusively due to the impact of additional pupil transfers pursuant to this article in that year, the district may limit the number of additional pupils who transfer in the upcoming school year pursuant to this article up to the number that the county superintendent identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article. |
|---|
| 247 | + | |
|---|
| 248 | + | |
|---|
| 249 | + | |
|---|
| 250 | + | (e)If a school district of residence limits the number of pupils who transfer out of the district pursuant to subdivision (c) or (d), pupils who have already been enrolled or notified of eligibility for enrollment, including through the random, public selection process prior to the action by the district to limit transfers shall be permitted to attend the school district of choice. |
|---|
| 251 | + | |
|---|
| 252 | + | |
|---|
| 253 | + | |
|---|
| 254 | + | (f)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of eligibility to enroll in a school district of choice, including a pupil selected by means of a random selection process conducted on or before June 30, 2009, pursuant to this article, as it read on June 30, 2009, shall be permitted to attend the school district of choice. |
|---|
| 255 | + | |
|---|
| 256 | + | |
|---|
| 257 | + | |
|---|
| 258 | + | SEC. 9. Section 48308 of the Education Code is repealed.48308.(a)(1)An application requesting a transfer pursuant to this article shall be submitted by the parent or guardian of a pupil to the school district of choice that has elected to accept transfer pupils pursuant to Section 48301 prior to January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice.(2)The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent or guardian of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to submitting the application.(b)The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district.(c)(1)Not later than 90 days after the receipt by a school district of an application for transfer, the governing board of the school district may notify the parent or guardian in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. Final acceptance or rejection shall be made by May 15 preceding the school year for which the pupil is requesting to be transferred.(2)(A)Notwithstanding paragraph (1), the governing board of a school district shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district immediately upon his or her acceptance.(B)If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days prior to the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district shall accept or deny the application prior to the commencement of the school year. A pupil may enroll in a school in the school district immediately upon his or her acceptance.(3)If the application is accepted, the notice required by this subdivision may be provided to the school district of residence. If the application is rejected, the district governing board may set forth in the written notification to the parent or guardian the specific reason or reasons for that determination, and may ensure that the determination, and the specific reason or reasons therefor, are accurately recorded in the minutes of a regularly scheduled board meeting in which the determination was made.(d)Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution withdraws from participation in the program and no longer will accept any transfer pupils from other districts. However, if a school district of choice withdraws from participation in the program, high school pupils admitted under this article may continue until they graduate from high school. |
|---|
| 259 | + | |
|---|
| 260 | + | SEC. 9. Section 48308 of the Education Code is repealed. |
|---|
| 261 | + | |
|---|
| 262 | + | ### SEC. 9. |
|---|
| 263 | + | |
|---|
| 264 | + | 48308.(a)(1)An application requesting a transfer pursuant to this article shall be submitted by the parent or guardian of a pupil to the school district of choice that has elected to accept transfer pupils pursuant to Section 48301 prior to January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice.(2)The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent or guardian of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to submitting the application.(b)The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district.(c)(1)Not later than 90 days after the receipt by a school district of an application for transfer, the governing board of the school district may notify the parent or guardian in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. Final acceptance or rejection shall be made by May 15 preceding the school year for which the pupil is requesting to be transferred.(2)(A)Notwithstanding paragraph (1), the governing board of a school district shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district immediately upon his or her acceptance.(B)If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days prior to the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district shall accept or deny the application prior to the commencement of the school year. A pupil may enroll in a school in the school district immediately upon his or her acceptance.(3)If the application is accepted, the notice required by this subdivision may be provided to the school district of residence. If the application is rejected, the district governing board may set forth in the written notification to the parent or guardian the specific reason or reasons for that determination, and may ensure that the determination, and the specific reason or reasons therefor, are accurately recorded in the minutes of a regularly scheduled board meeting in which the determination was made.(d)Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution withdraws from participation in the program and no longer will accept any transfer pupils from other districts. However, if a school district of choice withdraws from participation in the program, high school pupils admitted under this article may continue until they graduate from high school. |
|---|
| 265 | + | |
|---|
| 266 | + | |
|---|
| 267 | + | |
|---|
| 268 | + | (a)(1)An application requesting a transfer pursuant to this article shall be submitted by the parent or guardian of a pupil to the school district of choice that has elected to accept transfer pupils pursuant to Section 48301 prior to January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice. |
|---|
| 269 | + | |
|---|
| 270 | + | |
|---|
| 271 | + | |
|---|
| 272 | + | (2)The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent or guardian of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to submitting the application. |
|---|
| 273 | + | |
|---|
| 274 | + | |
|---|
| 275 | + | |
|---|
| 276 | + | (b)The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district. |
|---|
| 277 | + | |
|---|
| 278 | + | |
|---|
| 279 | + | |
|---|
| 280 | + | (c)(1)Not later than 90 days after the receipt by a school district of an application for transfer, the governing board of the school district may notify the parent or guardian in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. Final acceptance or rejection shall be made by May 15 preceding the school year for which the pupil is requesting to be transferred. |
|---|
| 281 | + | |
|---|
| 282 | + | |
|---|
| 283 | + | |
|---|
| 284 | + | (2)(A)Notwithstanding paragraph (1), the governing board of a school district shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district immediately upon his or her acceptance. |
|---|
| 285 | + | |
|---|
| 286 | + | |
|---|
| 287 | + | |
|---|
| 288 | + | (B)If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days prior to the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district shall accept or deny the application prior to the commencement of the school year. A pupil may enroll in a school in the school district immediately upon his or her acceptance. |
|---|
| 289 | + | |
|---|
| 290 | + | |
|---|
| 291 | + | |
|---|
| 292 | + | (3)If the application is accepted, the notice required by this subdivision may be provided to the school district of residence. If the application is rejected, the district governing board may set forth in the written notification to the parent or guardian the specific reason or reasons for that determination, and may ensure that the determination, and the specific reason or reasons therefor, are accurately recorded in the minutes of a regularly scheduled board meeting in which the determination was made. |
|---|
| 293 | + | |
|---|
| 294 | + | |
|---|
| 295 | + | |
|---|
| 296 | + | (d)Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution withdraws from participation in the program and no longer will accept any transfer pupils from other districts. However, if a school district of choice withdraws from participation in the program, high school pupils admitted under this article may continue until they graduate from high school. |
|---|
| 297 | + | |
|---|
| 298 | + | |
|---|
| 299 | + | |
|---|
| 300 | + | SEC. 10. Section 48309 of the Education Code is repealed.48309.(a)Any school district of choice that admits any pupil under this section may accept any completed coursework, attendance, and other academic progress credited to that pupil by the school district or districts previously attended by that pupil, and may grant academic standing to that pupil based upon the districts evaluation of the academic progress credited to that pupil.(b)Any school district of choice that admits a pupil under this section may revoke the pupils transfer if the pupil is recommended for expulsion pursuant to Section 48918. |
|---|
| 301 | + | |
|---|
| 302 | + | SEC. 10. Section 48309 of the Education Code is repealed. |
|---|
| 303 | + | |
|---|
| 304 | + | ### SEC. 10. |
|---|
| 305 | + | |
|---|
| 306 | + | 48309.(a)Any school district of choice that admits any pupil under this section may accept any completed coursework, attendance, and other academic progress credited to that pupil by the school district or districts previously attended by that pupil, and may grant academic standing to that pupil based upon the districts evaluation of the academic progress credited to that pupil.(b)Any school district of choice that admits a pupil under this section may revoke the pupils transfer if the pupil is recommended for expulsion pursuant to Section 48918. |
|---|
| 307 | + | |
|---|
| 308 | + | |
|---|
| 309 | + | |
|---|
| 310 | + | (a)Any school district of choice that admits any pupil under this section may accept any completed coursework, attendance, and other academic progress credited to that pupil by the school district or districts previously attended by that pupil, and may grant academic standing to that pupil based upon the districts evaluation of the academic progress credited to that pupil. |
|---|
| 311 | + | |
|---|
| 312 | + | |
|---|
| 313 | + | |
|---|
| 314 | + | (b)Any school district of choice that admits a pupil under this section may revoke the pupils transfer if the pupil is recommended for expulsion pursuant to Section 48918. |
|---|
| 315 | + | |
|---|
| 316 | + | |
|---|
| 317 | + | |
|---|
| 318 | + | SEC. 11. Section 48310 of the Education Code is repealed.48310.(a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence.(b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice.(c)(1)For a school district of choice that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this section shall be 70 percent of the school district local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, that would have been apportioned to the school district of residence.(2)Notwithstanding paragraph (1), until the Superintendent determines that the school district of residence is funded pursuant to Section 42238.02 in the prior fiscal year, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to paragraph (1) or 70 percent of the sum of the entitlements for the school district of residence for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance pursuant to this article for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02.(3)If the entitlements for the school district of residence computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, paragraph (2) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to paragraph (1).(4)For purposes of this subdivision, the term basic aid school district means a school district that does not receive from the state, for a fiscal year in which this subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02.(d)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation. |
|---|
| 319 | + | |
|---|
| 320 | + | SEC. 11. Section 48310 of the Education Code is repealed. |
|---|
| 321 | + | |
|---|
| 322 | + | ### SEC. 11. |
|---|
| 323 | + | |
|---|
| 324 | + | 48310.(a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence.(b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice.(c)(1)For a school district of choice that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this section shall be 70 percent of the school district local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, that would have been apportioned to the school district of residence.(2)Notwithstanding paragraph (1), until the Superintendent determines that the school district of residence is funded pursuant to Section 42238.02 in the prior fiscal year, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to paragraph (1) or 70 percent of the sum of the entitlements for the school district of residence for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance pursuant to this article for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02.(3)If the entitlements for the school district of residence computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, paragraph (2) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to paragraph (1).(4)For purposes of this subdivision, the term basic aid school district means a school district that does not receive from the state, for a fiscal year in which this subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02.(d)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation. |
|---|
| 325 | + | |
|---|
| 326 | + | |
|---|
| 327 | + | |
|---|
| 328 | + | (a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence. |
|---|
| 329 | + | |
|---|
| 330 | + | |
|---|
| 331 | + | |
|---|
| 332 | + | (b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice. |
|---|
| 333 | + | |
|---|
| 334 | + | |
|---|
| 335 | + | |
|---|
| 336 | + | (c)(1)For a school district of choice that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this section shall be 70 percent of the school district local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, that would have been apportioned to the school district of residence. |
|---|
| 337 | + | |
|---|
| 338 | + | |
|---|
| 339 | + | |
|---|
| 340 | + | (2)Notwithstanding paragraph (1), until the Superintendent determines that the school district of residence is funded pursuant to Section 42238.02 in the prior fiscal year, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to paragraph (1) or 70 percent of the sum of the entitlements for the school district of residence for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance pursuant to this article for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02. |
|---|
| 341 | + | |
|---|
| 342 | + | |
|---|
| 343 | + | |
|---|
| 344 | + | (3)If the entitlements for the school district of residence computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, paragraph (2) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to paragraph (1). |
|---|
| 345 | + | |
|---|
| 346 | + | |
|---|
| 347 | + | |
|---|
| 348 | + | (4)For purposes of this subdivision, the term basic aid school district means a school district that does not receive from the state, for a fiscal year in which this subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02. |
|---|
| 349 | + | |
|---|
| 350 | + | |
|---|
| 351 | + | |
|---|
| 352 | + | (d)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation. |
|---|
| 353 | + | |
|---|
| 354 | + | |
|---|
| 355 | + | |
|---|
| 356 | + | SEC. 12. Section 48311 of the Education Code is repealed.48311.Upon request of the pupils parent or guardian, each school district of choice that admits a pupil under this section to any school or program of the district may provide to the pupil transportation assistance within the boundaries of the district to that school or program, to the extent that the district otherwise provides transportation assistance to pupils. |
|---|
| 357 | + | |
|---|
| 358 | + | SEC. 12. Section 48311 of the Education Code is repealed. |
|---|
| 359 | + | |
|---|
| 360 | + | ### SEC. 12. |
|---|
| 361 | + | |
|---|
| 362 | + | 48311.Upon request of the pupils parent or guardian, each school district of choice that admits a pupil under this section to any school or program of the district may provide to the pupil transportation assistance within the boundaries of the district to that school or program, to the extent that the district otherwise provides transportation assistance to pupils. |
|---|
| 363 | + | |
|---|
| 364 | + | |
|---|
| 365 | + | |
|---|
| 366 | + | Upon request of the pupils parent or guardian, each school district of choice that admits a pupil under this section to any school or program of the district may provide to the pupil transportation assistance within the boundaries of the district to that school or program, to the extent that the district otherwise provides transportation assistance to pupils. |
|---|
| 367 | + | |
|---|
| 368 | + | |
|---|
| 369 | + | |
|---|
| 370 | + | SEC. 13. Section 48312 of the Education Code is repealed.48312.Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request. |
|---|
| 371 | + | |
|---|
| 372 | + | SEC. 13. Section 48312 of the Education Code is repealed. |
|---|
| 373 | + | |
|---|
| 374 | + | ### SEC. 13. |
|---|
| 375 | + | |
|---|
| 376 | + | 48312.Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request. |
|---|
| 377 | + | |
|---|
| 378 | + | |
|---|
| 379 | + | |
|---|
| 380 | + | Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request. |
|---|
| 381 | + | |
|---|
| 382 | + | |
|---|
| 383 | + | |
|---|
| 384 | + | SEC. 14. Section 48313 of the Education Code is repealed.48313.(a)Pursuant to this article, each school district electing to accept transfer pupils shall keep an accounting of all requests made for alternative attendance and records of all disposition of those requests that shall 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 transferred out of the district pursuant to this article.(3)The number of pupils transferred into the district 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 at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district shall report the information maintained pursuant to subdivision (a) in addition to information regarding the districts status as a school district of choice in the upcoming school year to each school district that is geographically adjacent to the district electing to accept transfer pupils, the county office of education in which the district is located, the Superintendent, and the Department of Finance. The Department of Finance shall make the information reported to it pursuant to this subdivision available upon request to the Legislative Analyst.(c)The Legislative Analyst annually shall make all of the following information available to the Governor and the appropriate fiscal and policy committees of the Legislature:(1)The number and characteristics of pupils who use the school district of choice option pursuant to this article.(2)The Academic Performance Index scores of schools in school districts of residence and school districts of choice.(3)The graduation rates of school districts of residence and school districts of choice.(4)The enrollment of school districts of residence and school districts of choice for the previous five years.(5)The fiscal health of school districts of residence and school districts of choice, 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)Whether a school district has exceeded the transfer limits specified in Section 48307.(7)Other information the Legislative Analyst deems appropriate.(d)As necessary and practicable, the Legislative Analyst shall survey school districts of residence and school districts of choice to gather the information described in subdivision (c). |
|---|
| 385 | + | |
|---|
| 386 | + | SEC. 14. Section 48313 of the Education Code is repealed. |
|---|
| 387 | + | |
|---|
| 388 | + | ### SEC. 14. |
|---|
| 389 | + | |
|---|
| 390 | + | 48313.(a)Pursuant to this article, each school district electing to accept transfer pupils shall keep an accounting of all requests made for alternative attendance and records of all disposition of those requests that shall 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 transferred out of the district pursuant to this article.(3)The number of pupils transferred into the district 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 at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district shall report the information maintained pursuant to subdivision (a) in addition to information regarding the districts status as a school district of choice in the upcoming school year to each school district that is geographically adjacent to the district electing to accept transfer pupils, the county office of education in which the district is located, the Superintendent, and the Department of Finance. The Department of Finance shall make the information reported to it pursuant to this subdivision available upon request to the Legislative Analyst.(c)The Legislative Analyst annually shall make all of the following information available to the Governor and the appropriate fiscal and policy committees of the Legislature:(1)The number and characteristics of pupils who use the school district of choice option pursuant to this article.(2)The Academic Performance Index scores of schools in school districts of residence and school districts of choice.(3)The graduation rates of school districts of residence and school districts of choice.(4)The enrollment of school districts of residence and school districts of choice for the previous five years.(5)The fiscal health of school districts of residence and school districts of choice, 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)Whether a school district has exceeded the transfer limits specified in Section 48307.(7)Other information the Legislative Analyst deems appropriate.(d)As necessary and practicable, the Legislative Analyst shall survey school districts of residence and school districts of choice to gather the information described in subdivision (c). |
|---|
| 391 | + | |
|---|
| 392 | + | |
|---|
| 393 | + | |
|---|
| 394 | + | (a)Pursuant to this article, each school district electing to accept transfer pupils shall keep an accounting of all requests made for alternative attendance and records of all disposition of those requests that shall include, but are not limited to, all of the following: |
|---|
| 395 | + | |
|---|
| 396 | + | |
|---|
| 397 | + | |
|---|
| 398 | + | (1)The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials. |
|---|
| 399 | + | |
|---|
| 400 | + | |
|---|
| 401 | + | |
|---|
| 402 | + | (2)The number of pupils transferred out of the district pursuant to this article. |
|---|
| 403 | + | |
|---|
| 404 | + | |
|---|
| 405 | + | |
|---|
| 406 | + | (3)The number of pupils transferred into the district pursuant to this article. |
|---|
| 407 | + | |
|---|
| 408 | + | |
|---|
| 409 | + | |
|---|
| 410 | + | (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). |
|---|
| 411 | + | |
|---|
| 412 | + | |
|---|
| 413 | + | |
|---|
| 414 | + | (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. |
|---|
| 415 | + | |
|---|
| 416 | + | |
|---|
| 417 | + | |
|---|
| 418 | + | (b)The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district shall report the information maintained pursuant to subdivision (a) in addition to information regarding the districts status as a school district of choice in the upcoming school year to each school district that is geographically adjacent to the district electing to accept transfer pupils, the county office of education in which the district is located, the Superintendent, and the Department of Finance. The Department of Finance shall make the information reported to it pursuant to this subdivision available upon request to the Legislative Analyst. |
|---|
| 419 | + | |
|---|
| 420 | + | |
|---|
| 421 | + | |
|---|
| 422 | + | (c)The Legislative Analyst annually shall make all of the following information available to the Governor and the appropriate fiscal and policy committees of the Legislature: |
|---|
| 423 | + | |
|---|
| 424 | + | |
|---|
| 425 | + | |
|---|
| 426 | + | (1)The number and characteristics of pupils who use the school district of choice option pursuant to this article. |
|---|
| 427 | + | |
|---|
| 428 | + | |
|---|
| 429 | + | |
|---|
| 430 | + | (2)The Academic Performance Index scores of schools in school districts of residence and school districts of choice. |
|---|
| 431 | + | |
|---|
| 432 | + | |
|---|
| 433 | + | |
|---|
| 434 | + | (3)The graduation rates of school districts of residence and school districts of choice. |
|---|
| 435 | + | |
|---|
| 436 | + | |
|---|
| 437 | + | |
|---|
| 438 | + | (4)The enrollment of school districts of residence and school districts of choice for the previous five years. |
|---|
| 439 | + | |
|---|
| 440 | + | |
|---|
| 441 | + | |
|---|
| 442 | + | (5)The fiscal health of school districts of residence and school districts of choice, including, but not limited to, both of the following: |
|---|
| 443 | + | |
|---|
| 444 | + | |
|---|
| 445 | + | |
|---|
| 446 | + | (A)Increasing or declining enrollment. |
|---|
| 447 | + | |
|---|
| 448 | + | |
|---|
| 449 | + | |
|---|
| 450 | + | (B)Whether a school district received a negative or qualified rating pursuant to Section 42131. |
|---|
| 451 | + | |
|---|
| 452 | + | |
|---|
| 453 | + | |
|---|
| 454 | + | (6)Whether a school district has exceeded the transfer limits specified in Section 48307. |
|---|
| 455 | + | |
|---|
| 456 | + | |
|---|
| 457 | + | |
|---|
| 458 | + | (7)Other information the Legislative Analyst deems appropriate. |
|---|
| 459 | + | |
|---|
| 460 | + | |
|---|
| 461 | + | |
|---|
| 462 | + | (d)As necessary and practicable, the Legislative Analyst shall survey school districts of residence and school districts of choice to gather the information described in subdivision (c). |
|---|
| 463 | + | |
|---|
| 464 | + | |
|---|
| 465 | + | |
|---|
| 466 | + | SEC. 15. Section 48314 of the Education Code is repealed.48314.It is the intent of the Legislature that every parent in this state be informed of their opportunity for currently existing choice options under this article regardless of ethnicity, primary language, or literacy. |
|---|
| 467 | + | |
|---|
| 468 | + | SEC. 15. Section 48314 of the Education Code is repealed. |
|---|
| 469 | + | |
|---|
| 470 | + | ### SEC. 15. |
|---|
| 471 | + | |
|---|
| 472 | + | 48314.It is the intent of the Legislature that every parent in this state be informed of their opportunity for currently existing choice options under this article regardless of ethnicity, primary language, or literacy. |
|---|
| 473 | + | |
|---|
| 474 | + | |
|---|
| 475 | + | |
|---|
| 476 | + | It is the intent of the Legislature that every parent in this state be informed of their opportunity for currently existing choice options under this article regardless of ethnicity, primary language, or literacy. |
|---|
| 477 | + | |
|---|
| 478 | + | |
|---|
| 479 | + | |
|---|
| 480 | + | SEC. 16. Section 48315 of the Education Code is repealed.48315.This article shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. |
|---|
| 481 | + | |
|---|
| 482 | + | SEC. 16. Section 48315 of the Education Code is repealed. |
|---|
| 483 | + | |
|---|
| 484 | + | ### SEC. 16. |
|---|
| 485 | + | |
|---|
| 486 | + | 48315.This article shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. |
|---|
| 487 | + | |
|---|
| 488 | + | |
|---|
| 489 | + | |
|---|
| 490 | + | This article shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. |
|---|
| 491 | + | |
|---|
| 492 | + | |
|---|
| 493 | + | |
|---|
| 494 | + | SEC. 17. Section 48316 of the Education Code is repealed.48316.The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension, to the appropriate education policy committees of the Legislature and to the Governor by January 31, 2016. |
|---|
| 495 | + | |
|---|
| 496 | + | SEC. 17. Section 48316 of the Education Code is repealed. |
|---|
| 497 | + | |
|---|
| 498 | + | ### SEC. 17. |
|---|
| 499 | + | |
|---|
| 500 | + | 48316.The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension, to the appropriate education policy committees of the Legislature and to the Governor by January 31, 2016. |
|---|
| 501 | + | |
|---|
| 502 | + | |
|---|
| 503 | + | |
|---|
| 504 | + | The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension, to the appropriate education policy committees of the Legislature and to the Governor by January 31, 2016. |
|---|
| 505 | + | |
|---|
| 506 | + | |
|---|
| 507 | + | |
|---|
| 508 | + | SEC. 18. Section 48317 is added to the Education Code, to read:48317. (a) A school district of choice established pursuant to this article, as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year.(b) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed. |
|---|
| 509 | + | |
|---|
| 510 | + | SEC. 18. Section 48317 is added to the Education Code, to read: |
|---|
| 511 | + | |
|---|
| 512 | + | ### SEC. 18. |
|---|
| 513 | + | |
|---|
| 514 | + | 48317. (a) A school district of choice established pursuant to this article, as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year.(b) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed. |
|---|
| 515 | + | |
|---|
| 516 | + | 48317. (a) A school district of choice established pursuant to this article, as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year.(b) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed. |
|---|
| 517 | + | |
|---|
| 518 | + | 48317. (a) A school district of choice established pursuant to this article, as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year.(b) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed. |
|---|
| 519 | + | |
|---|
| 520 | + | |
|---|
| 521 | + | |
|---|
| 522 | + | 48317. (a) A school district of choice established pursuant to this article, as it read on December 31, 2016, may continue to operate under those provisions, as they read on December 31, 2016, except that a school district of choice shall not, on or after July 1, 2017, accept or enroll any pupils for attendance during the 201718 school year other than pupils enrolled before July 1, 2017, for attendance during the 201718 school year. |
|---|
| 523 | + | |
|---|
| 524 | + | (b) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed. |
|---|
| 525 | + | |
|---|
| 526 | + | SEC. 19. Section 48318 is added to the Education Code, to read:48318. (a) A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to this article, as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so.(b) Siblings of pupils attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so. |
|---|
| 527 | + | |
|---|
| 528 | + | SEC. 19. Section 48318 is added to the Education Code, to read: |
|---|
| 529 | + | |
|---|
| 530 | + | ### SEC. 19. |
|---|
| 531 | + | |
|---|
| 532 | + | 48318. (a) A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to this article, as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so.(b) Siblings of pupils attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so. |
|---|
| 533 | + | |
|---|
| 534 | + | 48318. (a) A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to this article, as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so.(b) Siblings of pupils attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so. |
|---|
| 535 | + | |
|---|
| 536 | + | 48318. (a) A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to this article, as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so.(b) Siblings of pupils attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so. |
|---|
| 537 | + | |
|---|
| 538 | + | |
|---|
| 539 | + | |
|---|
| 540 | + | 48318. (a) A pupil enrolled in a school district of choice on or before June 30, 2017, pursuant to this article, as it read on December 31, 2016, may continue to enroll in that same school district of choice if the school district of choice authorizes the pupil to do so. |
|---|
| 541 | + | |
|---|
| 542 | + | (b) Siblings of pupils attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so. |
|---|
| 543 | + | |
|---|
| 544 | + | SEC. 20. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to continue the school district of choice program for pupils currently participating in the program without disruption, it is necessary that this act take immediate effect. |
|---|
| 545 | + | |
|---|
| 546 | + | SEC. 20. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to continue the school district of choice program for pupils currently participating in the program without disruption, it is necessary that this act take immediate effect. |
|---|
| 547 | + | |
|---|
| 548 | + | SEC. 20. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: |
|---|
| 549 | + | |
|---|
| 550 | + | ### SEC. 20. |
|---|
| 551 | + | |
|---|
| 552 | + | In order to continue the school district of choice program for pupils currently participating in the program without disruption, it is necessary that this act take immediate effect. |
|---|
| 553 | + | |
|---|
| 554 | + | |
|---|
| 555 | + | |
|---|
| 556 | + | |
|---|
| 557 | + | |
|---|
| 558 | + | (a)(1)The governing board of any school district may elect to operate the school district as a school district of choice and may accept transfers from school districts of residence pursuant to this article. If the governing board of a school district elects to accept transfers as authorized under this article, it shall, by resolution, determine and adopt the number of transfers it is willing to accept under this article and shall accept all pupils who apply to transfer until the school district is at maximum capacity. The school district of choice shall ensure that pupils admitted under this article are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based upon his or her academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 200. |
|---|
| 559 | + | |
|---|
| 560 | + | |
|---|
| 561 | + | |
|---|
| 562 | + | (2)If the number of transfer applications exceeds the number of transfers the governing board of a school district of choice elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district of choice. |
|---|
| 563 | + | |
|---|
| 564 | + | |
|---|
| 565 | + | |
|---|
| 566 | + | (b)Communications to parents by school districts of choice shall be factually accurate and not target individual parents, residential neighborhoods, or any other specific ascertainable cohort on the basis of a pupil or pupils actual or perceived academic or athletic skill or other personal characteristic. |
|---|
| 567 | + | |
|---|
| 568 | + | |
|---|
| 569 | + | |
|---|
| 570 | + | (c)A school district of choice, with respect to compliance with subdivisions (a) and (b), shall be subject to the audit conducted pursuant to Section 41020. |
|---|
| 571 | + | |
|---|
| 572 | + | |
|---|
| 573 | + | |
|---|
| 574 | + | (d)A school district of choice shall post application information on its Internet Web site. This information shall include, at a minimum, any applicable form, information about the transportation program, and the timeline for a transfer pursuant to this article. It also shall include an explanation of the selection process the school district of choice implements pursuant to subdivision (a). |
|---|
| 575 | + | |
|---|
| 576 | + | |
|---|
| 577 | + | |
|---|
| 578 | + | (e)A pupil attending a school in a school district of choice shall be deemed to have fulfilled the requirements of Section 48204. |
|---|
| 579 | + | |
|---|
| 580 | + | |
|---|
| 581 | + | |
|---|
| 582 | + | (f)All communication from the school district of choice regarding the transfer opportunities under the program and regarding the transportation program shall be available in all languages for which translations are required in the school district of residence pursuant to Section 48985. |
|---|
| 583 | + | |
|---|
| 584 | + | |
|---|
| 585 | + | |
|---|
| 586 | + | (g)On or before July 1, 2018, a school district of choice shall register as a school district of choice with both the Superintendent through the California Longitudinal Pupil Achievement Data System or another system specified by the Superintendent and with the county board of education where the school district of choice is located. |
|---|
| 587 | + | |
|---|
| 588 | + | |
|---|
| 589 | + | |
|---|
| 590 | + | (h)A school district of choice shall not enroll pupils under this article until the school district has registered pursuant to subdivision (g). |
|---|
| 140 | | - | (b)A sibling of a pupil attending a school district of choice pursuant to subdivision (a) may enroll in any school in the school district of choice if the school district of choice authorizes the sibling of the pupil to do so. |
|---|
| 610 | + | (b)A school district of choice shall give second priority for attendance to pupils eligible for free or reduced-price meals. |
|---|
| 611 | + | |
|---|
| 612 | + | |
|---|
| 613 | + | |
|---|
| 614 | + | (c)A school district of choice may give priority for attendance to children of military personnel. |
|---|
| 615 | + | |
|---|
| 616 | + | |
|---|
| 617 | + | |
|---|
| 618 | + | |
|---|
| 619 | + | |
|---|
| 620 | + | |
|---|
| 621 | + | |
|---|
| 622 | + | (a)A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring out each year to 1 percent of its current year estimated average daily attendance. |
|---|
| 623 | + | |
|---|
| 624 | + | |
|---|
| 625 | + | |
|---|
| 626 | + | (b)(1)Before the 201819 school year, a school district of residence with an average daily attendance of 50,000 or less may limit the number of pupils transferring out to 3 percent of its current year estimated average daily attendance and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period. |
|---|
| 627 | + | |
|---|
| 628 | + | |
|---|
| 629 | + | |
|---|
| 630 | + | (2)Beginning with the 201819 school year, a school district of residence with an average daily attendance of 50,000 or less may limit the number of pupils transferring out to 3 percent of its estimated average daily attendance in any single school year and may limit the number of pupils enrolled in all school districts of choice at any given time to 6 percent of the average daily attendance of the school district of residence at that point in time. A school district of residence with an average daily attendance of 50,000 or less shall authorize additional pupils to participate in the program authorized by this article as program participants leave or graduate, provided that the total number of pupils does not exceed the school districts 6-percent limit. |
|---|
| 631 | + | |
|---|
| 632 | + | |
|---|
| 633 | + | |
|---|
| 634 | + | (3)A pupil who enrolls in a school district of choice before the 201819 school year may continue enrollment in the school district of choice without regard to whether the school district of residence has achieved the 6-percent limit for the current fiscal year. If a school district of residence calculates the percentage of pupils enrolled in all school districts of choice to be greater than 6 percent, no additional transfers shall begin until that percentage is below 6 percent. |
|---|
| 635 | + | |
|---|
| 636 | + | |
|---|
| 637 | + | |
|---|
| 638 | + | (4)A school district of residence that, before January 1, 2018, implemented the 10-percent limit and stopped transferring pupils for the duration of the program pursuant to this subdivision, as it read on January 1, 2017, shall authorize 1 percent of the school district average daily attendance to transfer beginning with the 201718 school year and, each school year thereafter, shall authorize an additional 1 percent of the school district average daily attendance to transfer until the 6-percent limit specified in paragraph (2) is reached. |
|---|
| 639 | + | |
|---|
| 640 | + | |
|---|
| 641 | + | |
|---|
| 642 | + | (c)A school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year, and once the school district of residence has received notification from a school district of choice or school districts of choice that the number of pupils that the school district of residence calculates to be equal to that limit have been accepted into that school district of choice or those school districts of choice, the school district of residence may, by resolution in a public meeting of the governing board of the school district of residence, restrict any further pupils from transferring under this article for the upcoming school year. |
|---|
| 643 | + | |
|---|
| 644 | + | |
|---|
| 645 | + | |
|---|
| 646 | + | (d)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, if a county superintendent of schools determines that a school district of residence would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year, the school district of residence may limit the number of pupils who transfer pursuant to this article in the upcoming school year. |
|---|
| 647 | + | |
|---|
| 648 | + | |
|---|
| 649 | + | |
|---|
| 650 | + | (e)A school district of residence, upon receiving notification of a pupils acceptance into the school district of choice, 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: |
|---|
| 651 | + | |
|---|
| 652 | + | |
|---|
| 653 | + | |
|---|
| 654 | + | (1)The court-ordered desegregation plan of the school district of residence. |
|---|
| 655 | + | |
|---|
| 656 | + | |
|---|
| 657 | + | |
|---|
| 658 | + | (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. |
|---|
| 659 | + | |
|---|
| 660 | + | |
|---|
| 661 | + | |
|---|
| 662 | + | (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. |
|---|
| 663 | + | |
|---|
| 664 | + | |
|---|
| 665 | + | |
|---|
| 666 | + | (f)Notwithstanding any other provision of this article, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent. |
|---|
| 667 | + | |
|---|
| 668 | + | |
|---|
| 669 | + | |
|---|
| 670 | + | (g)A school district of residence shall not adopt policies that in any way block or discourage pupils from applying for transfer to a school district of choice. |
|---|
| 671 | + | |
|---|
| 672 | + | |
|---|
| 673 | + | |
|---|
| 674 | + | (h)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of acceptance into a school district of choice before the resolution by the school district of residence to restrict further transfers shall be permitted to attend the school district of choice. |
|---|
| 675 | + | |
|---|
| 676 | + | |
|---|
| 677 | + | |
|---|
| 678 | + | |
|---|
| 679 | + | |
|---|
| 680 | + | |
|---|
| 681 | + | |
|---|
| 682 | + | (a)(1)An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of choice before January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice. |
|---|
| 683 | + | |
|---|
| 684 | + | |
|---|
| 685 | + | |
|---|
| 686 | + | (2)The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent of the pupil, with whom the pupil resides, is enlisted in the military and was relocated by the military less than 90 days before submitting the application. |
|---|
| 687 | + | |
|---|
| 688 | + | |
|---|
| 689 | + | |
|---|
| 690 | + | (b)The application may be submitted on a form provided for this purpose by the department and may request enrollment of the pupil in a specific school or program of the school district of choice. |
|---|
| 691 | + | |
|---|
| 692 | + | |
|---|
| 693 | + | |
|---|
| 694 | + | (c)(1)No later than February 15 of the school year preceding the school year for which the pupil is requesting to be transferred, the governing board of the school district of choice shall notify the parent in writing whether the application has been provisionally accepted or rejected or of the placement of the pupil on a waiting list. The governing board of the school district of choice may fill vacancies from the waiting list until May 1 preceding the school year for which the pupil is requesting to be transferred. No pupils shall be accepted at a school district of choice after May 1 preceding the school year for which the pupil is requesting to be transferred. |
|---|
| 695 | + | |
|---|
| 696 | + | |
|---|
| 697 | + | |
|---|
| 698 | + | (2)If the application is rejected, the governing board of the school district of choice shall include in the written notification to the parent that the number of pupils applying to transfer exceeded the capacity of the school district of choice and that the pupil was not selected during the random drawing. The determination shall be accurately recorded in the minutes of the board meeting in which the determination was made. |
|---|
| 699 | + | |
|---|
| 700 | + | |
|---|
| 701 | + | |
|---|
| 702 | + | (3)If a pupil is accepted into a school district of choice, the school district of choice shall notify the school district of residence of the pupil no later than February 15 of the school year preceding the school year for which the pupil is requesting to be transferred. On or before February 15, the school district of choice shall provide the school district of residence the number of pupils accepted, by school and grade level, by the school district of choice. On or before May 2, the school district of choice shall provide the school district of residence with the final number of pupils enrolled, by school, in the school district of choice, the grade levels of the pupils, and the names of the pupils. |
|---|
| 703 | + | |
|---|
| 704 | + | |
|---|
| 705 | + | |
|---|
| 706 | + | (4)(A)Notwithstanding paragraph (1), the governing board of a school district of choice shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district of choice immediately upon his or her acceptance. |
|---|
| 707 | + | |
|---|
| 708 | + | |
|---|
| 709 | + | |
|---|
| 710 | + | (B)If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days before the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district of choice shall accept or deny the application before the commencement of the school year. A pupil may enroll in a school in the school district of choice immediately upon his or her acceptance. |
|---|
| 711 | + | |
|---|
| 712 | + | |
|---|
| 713 | + | |
|---|
| 714 | + | (d)Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution elects to no longer accept any transfer pupils pursuant to this article. However, if a school district of choice elects to no longer accept pupils under this article, high school pupils admitted under this article may continue to attend the same school in the school district of choice until they graduate from high school. |
|---|
| 715 | + | |
|---|
| 716 | + | |
|---|
| 717 | + | |
|---|
| 718 | + | |
|---|
| 719 | + | |
|---|
| 720 | + | |
|---|
| 721 | + | |
|---|
| 722 | + | (a)The parent of a pupil who is denied a transfer pursuant to this article may appeal that decision to the county board of education of the county in which the school district issuing the denial is located. |
|---|
| 723 | + | |
|---|
| 724 | + | |
|---|
| 725 | + | |
|---|
| 726 | + | (b)A school district of choice may bring a complaint alleging a violation of this article by a school district of residence to the county board of education of the county in which the school district of residence is located. |
|---|
| 727 | + | |
|---|
| 728 | + | |
|---|
| 729 | + | |
|---|
| 730 | + | (c)A school district of residence may bring a complaint alleging a violation of this article by a school district of choice to the county board of education of the county in which the school district of choice is located. |
|---|
| 731 | + | |
|---|
| 732 | + | |
|---|
| 733 | + | |
|---|
| 734 | + | (d)In considering an appeal or a complaint brought pursuant to this section, a county board of education shall consider only the provisions of this article and determine only whether the provisions were applied accurately. |
|---|
| 735 | + | |
|---|
| 736 | + | |
|---|
| 737 | + | |
|---|
| 738 | + | (e)Nothing in this section shall be interpreted to limit or restrict any entity from seeking a judicial remedy for a violation of this article. |
|---|
| 739 | + | |
|---|
| 740 | + | |
|---|
| 741 | + | |
|---|
| 742 | + | |
|---|
| 743 | + | |
|---|
| 744 | + | |
|---|
| 745 | + | |
|---|
| 746 | + | (a)The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence. |
|---|
| 747 | + | |
|---|
| 748 | + | |
|---|
| 749 | + | |
|---|
| 750 | + | (b)Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice. |
|---|
| 751 | + | |
|---|
| 752 | + | |
|---|
| 753 | + | |
|---|
| 754 | + | (c)The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation. |
|---|
| 755 | + | |
|---|
| 756 | + | |
|---|
| 757 | + | |
|---|
| 758 | + | |
|---|
| 759 | + | |
|---|
| 760 | + | |
|---|
| 761 | + | |
|---|
| 762 | + | (a)Upon request of the pupils parents, each school district of choice that admits a pupil under this section to any school or program of the school district may provide to the pupil free transportation assistance. |
|---|
| 763 | + | |
|---|
| 764 | + | |
|---|
| 765 | + | |
|---|
| 766 | + | (b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed. |
|---|
| 767 | + | |
|---|
| 768 | + | |
|---|
| 769 | + | |
|---|
| 770 | + | |
|---|
| 771 | + | |
|---|
| 772 | + | |
|---|
| 773 | + | |
|---|
| 774 | + | (a)Upon request of the pupils parent, a school district of choice shall provide free transportation assistance to the school or program to a pupil who is eligible for free or reduced-price meals and has transferred to a school district of choice. |
|---|
| 775 | + | |
|---|
| 776 | + | |
|---|
| 777 | + | |
|---|
| 778 | + | (b)A school district of choice shall provide transportation assistance to pupils pursuant to subdivision (a) who live up to 10 miles from the school district boundary. |
|---|
| 779 | + | |
|---|
| 780 | + | |
|---|
| 781 | + | |
|---|
| 782 | + | (c)A school district of choice may provide transportation assistance to any pupil admitted under this article. |
|---|
| 783 | + | |
|---|
| 784 | + | |
|---|
| 785 | + | |
|---|
| 786 | + | (d)A school district of choice shall not charge any fees for transportation. |
|---|
| 787 | + | |
|---|
| 788 | + | |
|---|
| 789 | + | |
|---|
| 790 | + | (e)The school district of choice shall design and implement a transportation program to provide reasonable access to all eligible pupils pursuant to subdivision (a) enrolled in the school district of choice who reside within 10 miles of the school district boundary. |
|---|
| 791 | + | |
|---|
| 792 | + | |
|---|
| 793 | + | |
|---|
| 794 | + | (f)This section shall become operative on July 1, 2020. |
|---|
| 795 | + | |
|---|
| 796 | + | |
|---|
| 797 | + | |
|---|
| 798 | + | |
|---|
| 799 | + | |
|---|
| 800 | + | |
|---|
| 801 | + | |
|---|
| 802 | + | (a)Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request. |
|---|
| 803 | + | |
|---|
| 804 | + | |
|---|
| 805 | + | |
|---|
| 806 | + | (b)A school district of choice shall make public announcements regarding its schools, programs, including the transportation program, policies, and procedures during the enrollment period. |
|---|
| 807 | + | |
|---|
| 808 | + | |
|---|
| 809 | + | |
|---|
| 810 | + | |
|---|
| 811 | + | |
|---|
| 812 | + | |
|---|
| 813 | + | |
|---|
| 814 | + | (a)(1)Pursuant to this article, each school district of choice shall keep an accounting of all requests made for transfers pursuant to this article and records of all disposition of those requests that shall include, but are not limited to, all of the following: |
|---|
| 815 | + | |
|---|
| 816 | + | |
|---|
| 817 | + | |
|---|
| 818 | + | (A)The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials. |
|---|
| 819 | + | |
|---|
| 820 | + | |
|---|
| 821 | + | |
|---|
| 822 | + | (B)The number of pupils transferred out of the school district of choice pursuant to this article. |
|---|
| 823 | + | |
|---|
| 824 | + | |
|---|
| 825 | + | |
|---|
| 826 | + | (C)The number of pupils transferred into the school district of choice pursuant to this article. |
|---|
| 827 | + | |
|---|
| 828 | + | |
|---|
| 829 | + | |
|---|
| 830 | + | (D)The race, ethnicity, gender, self-reported socioeconomic status, eligibility for free or reduced-price meals, and the school district of residence of each of the pupils described in subparagraphs (B) and (C). |
|---|
| 831 | + | |
|---|
| 832 | + | |
|---|
| 833 | + | |
|---|
| 834 | + | (E)The number of pupils described in subparagraphs (B) and (C) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026. |
|---|
| 835 | + | |
|---|
| 836 | + | |
|---|
| 837 | + | |
|---|
| 838 | + | (F)The number of pupils eligible for free or reduced-price meals transported pursuant to subdivision (a) of Section 48311 and the total number of pupils transported under this article. |
|---|
| 839 | + | |
|---|
| 840 | + | |
|---|
| 841 | + | |
|---|
| 842 | + | (2)Each school district of choice shall keep records of the transportation plan and map of bus stops, if applicable, for transportation pursuant to Section 48311. |
|---|
| 843 | + | |
|---|
| 844 | + | |
|---|
| 845 | + | |
|---|
| 846 | + | (b)The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of choice at a regularly scheduled meeting of the governing board of the school district of choice. No later than October 15 of each year, the school district of choice shall report the information maintained pursuant to subdivision (a) for the current school year in addition to information regarding the districts status as a school district of choice for the upcoming school year to each school district that is geographically adjacent to the school district of choice, the county office of education in which the school district of choice is located, and the Superintendent in a manner consistent with subdivision (e). |
|---|
| 847 | + | |
|---|
| 848 | + | |
|---|
| 849 | + | |
|---|
| 850 | + | (c)A school district of choice shall not enroll a pupil under this article if the school district does not report all the data required pursuant to subdivision (b). |
|---|
| 851 | + | |
|---|
| 852 | + | |
|---|
| 853 | + | |
|---|
| 854 | + | (d)The Superintendent shall do all of the following: |
|---|
| 855 | + | |
|---|
| 856 | + | |
|---|
| 857 | + | |
|---|
| 858 | + | (1)Maintain a list of the school districts of choice in the state. |
|---|
| 859 | + | |
|---|
| 860 | + | |
|---|
| 861 | + | |
|---|
| 862 | + | (2)Collect the information specified in subdivision (a) from each school district of choice. The Superintendent shall ensure school districts of choice provide this information in a complete format. The Superintendent may provide a template for school districts of choice to use and may issue guidance regarding the procedures for collecting and reporting data. |
|---|
| 863 | + | |
|---|
| 864 | + | |
|---|
| 865 | + | |
|---|
| 866 | + | (3)Post the information collected under paragraphs (1) and (2) on the Internet Web site of the department. The information shall be accompanied by explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district. |
|---|
| 867 | + | |
|---|
| 868 | + | |
|---|
| 869 | + | |
|---|
| 870 | + | (4)Post a single list of all school choice programs, including, but not limited to, school districts of choice, on the Internet Web site of the department. |
|---|
| 871 | + | |
|---|
| 872 | + | |
|---|
| 873 | + | |
|---|
| 874 | + | (e)(1)The Superintendent may require 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 data in the manner that minimizes the administrative burden for school districts and the state. |
|---|
| 875 | + | |
|---|
| 876 | + | |
|---|
| 877 | + | |
|---|
| 878 | + | (2)No later than July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office with a description of the plan for collecting the data specified in subdivision (a). |
|---|
| 879 | + | |
|---|
| 880 | + | |
|---|
| 881 | + | |
|---|
| 882 | + | (f)The Superintendent annually shall make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office: |
|---|
| 883 | + | |
|---|
| 884 | + | |
|---|
| 885 | + | |
|---|
| 886 | + | (1)The number and characteristics of pupils who use the school district of choice option pursuant to this article. |
|---|
| 887 | + | |
|---|
| 888 | + | |
|---|
| 889 | + | |
|---|
| 890 | + | (2) Assessment scores of school districts of choice and school districts of residence pursuant to subdivision (b) of Section 60640. |
|---|
| 891 | + | |
|---|
| 892 | + | |
|---|
| 893 | + | |
|---|
| 894 | + | (3)The graduation rates of school districts of residence and school districts of choice. |
|---|
| 895 | + | |
|---|
| 896 | + | |
|---|
| 897 | + | |
|---|
| 898 | + | (4)The enrollment of school districts of residence and school districts of choice for the previous five years. |
|---|
| 899 | + | |
|---|
| 900 | + | |
|---|
| 901 | + | |
|---|
| 902 | + | (5)The fiscal health of school districts of residence and school districts of choice, including, but not limited to, both of the following: |
|---|
| 903 | + | |
|---|
| 904 | + | |
|---|
| 905 | + | |
|---|
| 906 | + | (A)Increasing or declining enrollment. |
|---|
| 907 | + | |
|---|
| 908 | + | |
|---|
| 909 | + | |
|---|
| 910 | + | (B)Whether a school district received a negative or qualified rating pursuant to Section 42131. |
|---|
| 911 | + | |
|---|
| 912 | + | |
|---|
| 913 | + | |
|---|
| 914 | + | (6)Whether a school district of residence has exceeded the transfer limits specified in Section 48307. |
|---|
| 915 | + | |
|---|
| 916 | + | |
|---|
| 917 | + | |
|---|
| 918 | + | (7)On and after July 1, 2020, the number of pupils eligible for free or reduced-price meals transported and the total number of pupils transported under this article pursuant to subdivision (a) of Section 48311. |
|---|
| 919 | + | |
|---|
| 920 | + | |
|---|
| 921 | + | |
|---|
| 922 | + | (8)Other information the Superintendent deems appropriate. |
|---|
| 923 | + | |
|---|
| 924 | + | |
|---|
| 925 | + | |
|---|
| 926 | + | |
|---|
| 927 | + | |
|---|
| 928 | + | |
|---|
| 929 | + | |
|---|
| 930 | + | It is the intent of the Legislature that every parent in this state be informed of his or her opportunity for currently existing school district of choice options under this article regardless of ethnicity, primary language, literacy, or special needs. |
|---|
| 931 | + | |
|---|
| 932 | + | |
|---|
| 933 | + | |
|---|
| 934 | + | |
|---|
| 935 | + | |
|---|
| 936 | + | |
|---|
| 937 | + | |
|---|
| 938 | + | This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed. |
|---|
| 939 | + | |
|---|
| 940 | + | |
|---|
| 941 | + | |
|---|
| 942 | + | |
|---|
| 943 | + | |
|---|
| 944 | + | |
|---|
| 945 | + | |
|---|
| 946 | + | The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension and recommendations for improvements for the transportation requirement to ensure equal access to the program for low-income pupils, to the appropriate education policy committees of the Legislature and to the Governor by January 31, 2021. |
|---|
| 947 | + | |
|---|
| 948 | + | |
|---|
| 949 | + | |
|---|
| 950 | + | |
|---|
| 951 | + | |
|---|
| 952 | + | |
|---|
| 953 | + | |
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| 954 | + | Commencing with the 201718 school year, and each year thereafter, the Superintendent shall conduct a review of not fewer than 100 randomly selected school districts that enroll pupils through interdistrict transfer to determine whether the school district is operating as a school district of choice. If the Superintendent finds that a school district is accepting pupils through a school district of choice program and the school district is not registered pursuant to Section 48301 or finds that a school district of choice is not reporting the required data to the designated agencies pursuant to Section 48313, the Superintendent shall withhold from the school districts apportionment pursuant to Section 42238.02 an amount attributable to the average daily attendance of pupils enrolled through the school district of choice in the previous year. The Superintendent shall withhold this amount of the school districts apportionment until the school district registers pursuant to Section 48301 or provides the required data pursuant to Section 48313. |
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| 955 | + | |
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| 956 | + | |
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| 957 | + | |
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| 958 | + | |
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| 959 | + | |
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| 960 | + | 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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| 961 | + | |
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| 962 | + | |
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| 963 | + | |
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| 964 | + | |
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| 965 | + | |
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| 966 | + | This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: |
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| 967 | + | |
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| 968 | + | |
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| 969 | + | |
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| 970 | + | In order to keep the school district of choice program running without disruption to pupils and school districts, it is necessary that this act take immediate effect. |
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