California-2011-SB172-Amended

BILL NUMBER: SB 172	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 6, 2012
	AMENDED IN SENATE  MARCH 16, 2011

INTRODUCED BY   Senator Huff

                        FEBRUARY 3, 2011

   An act to amend Sections 48352 and 48354 of the Education Code,
relating to school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 172, as amended, Huff. School districts: Open Enrollment Act.
   Existing law, the Open Enrollment Act, authorizes the parent of a
pupil enrolled in a low-achieving school, as defined, to submit an
application for the pupil to attend a school in a school district
other than the school district in which the parent of the pupil
resides. Existing law requires that applications for transfer be
submitted by the parent of a pupil to the school district of
enrollment prior to January 1 of the school year preceding the school
year for which the pupil is requesting to transfer. A school
district may adopt specific, written standards for acceptance and
rejection of applications made pursuant to the act. The standards may
include consideration of the capacity of a program, class, grade
level, school building, or adverse financial impact. The standards
are prohibited from including consideration of a pupil's previous
academic achievement, physical condition, proficiency in the English
language, family income, disability, gender, nationality, race or
ethnicity, religion, sexual orientation, or any other specified
individual characteristics. Existing law encourages school districts
to keep an accounting of requests for alternative attendance made
pursuant to the act.
   This bill would redefine a "low-achieving school" as an 
"open enrollment   "enrollment opportunities 
school." The bill would change the application deadline from January
1 to January 5 of the school year preceding the school year for which
the pupil is requesting to transfer.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 48352 of the Education Code is amended to read:

   48352.  For purposes of this article, the following definitions
apply:
   (a)  "Open enrollment   "Enrollment
opportunities  school" means a school identified by the
Superintendent pursuant to the following:
   (1) Excluding the schools, and taking into account the impact of
the criteria in paragraph (2), the Superintendent annually shall
create a list of 1,000 schools ranked by increasing  API
  Academic Performance Index  with the same ratio
of elementary, middle, and high schools as existed in decile 1 in the
2008-09 school year.
   (2) In constructing the list of 1,000 schools each year, the
Superintendent shall ensure each of the following:
   (A) A local educational agency shall not have more than 10 percent
of its schools on the list. If the number of schools in a local
educational agency is not evenly divisible by 10, the Superintendent
shall round up to the next whole number of schools.
   (B) Court, community, or community day schools shall not be
included on the list.
   (C) Charter schools shall not be included on the list.
   (b) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
   (c) "School district of enrollment" means a school district other
than the school district in which the parent of a pupil resides, but
in which the parent of the pupil nevertheless intends to enroll the
pupil pursuant to this article.
   (d) "School district of residence" means a school district in
which the parent of a pupil resides and in which the pupil would
otherwise be required to enroll pursuant to Section 48200.
  SEC. 2.  Section 48354 of the Education Code is amended to read:
   48354.  (a) The parent of a pupil enrolled in an  open
enrollment   enrollment opportunities  school may
submit an application for the pupil to attend a school in a school
district of enrollment pursuant to this article.
   (b) (1) Consistent with the requirements of Section 1116(b)(1)(E)
of the federal Elementary and Secondary Education Act of 2001 (20
U.S.C. Sec. 6301 et seq.), on or before the first day of the school
year, or, if later, on the date the notice of program improvement,
corrective action, or restructuring status is required to be provided
under federal law the district of residence shall provide the
parents and guardians of all pupils enrolled in a school determined
in subdivision (a) of Section 48352 with notice of the option to
transfer to another public school served by the school district of
residence or another school district.
   (2) An application requesting a transfer pursuant to this article
shall be submitted by the parent of a pupil to the school district of
enrollment prior to January 5 of the school year preceding the
school year for which the pupil is requesting to transfer. The school
district of enrollment may waive the deadline specified in this
paragraph.
   (3) The application deadline specified in paragraph (2) does not
apply to an application requesting a transfer if the parent, with
whom the pupil resides, is enlisted in the military and was relocated
by the military within 90 days prior to submitting the application.
   (4) The application may request enrollment of the pupil in a
specific school or program within the school district of enrollment.
   (5) A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval of
his or her application.
   (6) In order to provide priority enrollment opportunities for
pupils residing in the school district, a school district of
enrollment shall establish a period of time for resident pupil
enrollment prior to accepting transfer applications pursuant to this
article.