BILL NUMBER: SB 172	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Huff

                        FEBRUARY 3, 2011

   An act to amend Section 48352 of the Education Code, relating to
school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 172, as introduced, 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 another school in the district of
residence or a school in a school district other than the school
district in which the parent of the pupil resides. 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 make technical, nonsubstantive changes to the
definitions of terms used in the act.
   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) "Low-achieving school" means  any   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 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.  However, if   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.