Bill Text: CA SB268 | 2011-2012 | Regular Session | Amended
Bill Title: School attendance: interdistrict attendance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB268 Detail]
Download: California-2011-SB268-Amended.html
BILL NUMBER: SB 268 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2011
INTRODUCED BY Senator Wright
FEBRUARY 14, 2011
An act to amend Sections 46601, 46603, and 48204
Section 46601 of the Education Code, relating to
school attendance.
LEGISLATIVE COUNSEL'S DIGEST
SB 268, as amended, Wright. School attendance: interdistrict
attendance.
(1) Existing law authorizes the governing boards of 2 or more
school districts to enter into an agreement for the interdistrict
attendance of pupils who are residents of the school
districts. If either school district fails to approve the
interdistrict attendance of a pupil, or in the case of the failure or
refusal of the school districts to enter into an
agreement, existing law authorizes the person having legal custody of
the pupil to appeal to the county board of education in accordance
with a prescribed procedure.
This bill would require the county board of education to conduct
an impartial a hearing within 30 days
of the filing of the appeal. The bill would specify the issues to
which the county board's review of the decision would be limited.
The bill would provide that, after 2 school months have
passed, if no decision with respect to a pupil's interdistrict
attendance has been made by the 2 governing boards or the county
board, the school district of residence would receive the revenue
limit and state apportionment funding attributable to that pupil.
Because this bill would create new duties for county boards
of education, it would constitute a state-mandated local program.
(2) Existing law, among other things, until July 1, 2012, provides
that a school district may deem a pupil to have complied with
residency requirements for school attendance in a district if at
least one parent or the legal guardian of the pupil is physically
employed within the boundaries of that district.
This bill would instead provide that, until July 1, 2013, a school
district may deem a pupil to have complied with residency
requirements for school attendance in a district if at least one
parent or legal guardian of the pupil is physically employed within
the boundaries of that district during a majority of the time that
the pupil is scheduled to be in school.
(3)
(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 46601 of the Education Code is amended to read:
46601. (a) If, within 30 calendar days after the person having
legal custody of a pupil has so requested, the governing board of
either school district fails to approve interdistrict attendance in
the current term, or, in the absence of an agreement between the
districts, fails or refuses to enter into an agreement, the district
denying the permit, or, in the absence of an agreement, the district
of residence, shall advise the person requesting the permit of the
right to appeal to the county board of education.
(b) If, within 14 calendar days after the commencement of
instruction in a new term in each of the school districts,
respectively, when the person having legal custody of a pupil has so
requested separately of each district not later than 30 calendar days
prior to the commencement of instruction in that term in that
district, the governing board of either district fails to approve
interdistrict attendance in that term, or, in the absence of an
agreement between the districts to permit that attendance, fails or
refuses to enter an agreement, the district denying the permit, or,
in the absence of an agreement, the district of residence, shall
advise the person requesting the permit of the right to appeal to the
county board of education.
(c) Notifying districts shall also, in all instances, advise
persons making unsuccessful requests for interdistrict attendance of
all of the following:
(1) The person having legal custody may appeal, within 30 calendar
days of the failure or refusal to issue a permit, or to enter into
an agreement allowing the attendance, to the county board of
education having jurisdiction over the district of residence of the
parent or legal guardian or person having legal custody. Failure to
appeal within the required time is good cause for denial of an
appeal. An appeal shall be accepted only upon verification by the
county board's designee that appeals within the districts have been
exhausted. If new evidence or grounds for the request are introduced,
the county board may remand the matter for further consideration by
the district or districts. In all other cases, the appeal shall be
granted or denied on its merits.
(2) (A) The county board of education shall, within 30 calendar
days after the appeal is filed, conduct an impartial
a hearing to determine whether the pupil should
be permitted to attend in the district in which the pupil desires to
attend and the applicable period of time. In the event that
compliance by the county board within the time requirement for
determining whether the pupil should be permitted to attend in the
district in which the pupil desires to attend is impractical, the
county board or the county superintendent of schools, for good cause,
may extend the time period for up to an additional five school days.
The county shall provide adequate notice to all parties of the date
and time of any hearing scheduled and of the opportunity to submit
written statements and documentation and to be heard on the matter
pursuant to rules and regulations adopted by the county board of
education in accordance with this chapter. The county board rules may
provide for the granting of continuances upon a showing of good
cause. The county board of education shall render a decision within
three schooldays of any hearing conducted by the board unless the
person who filed the appeal requests a postponement.
(B) The review by the county board of education of the decision of
the district governing board under subparagraph (A) shall be limited
to the following questions:
(i) Whether the district acted in accordance with an interdistrict
attendance agreement, where applicable.
(ii) Whether the district followed the district's policy on
interdistrict attendance.
(iii) Whether the district provided the parent or guardian with an
opportunity to provide information relevant to the interdistrict
attendance request.
(iv) Whether there is relevant and material evidence that
was not considered by the district information that,
in the exercise of reasonable diligence, could not have been
produced, or that was improperly excluded, at the hearing before the
district governing board .
(C) In a class 1 or class 2 county, the county board rules may
provide for any hearing pursuant to this section to be conducted by a
hearing officer pursuant to Chapter 14 (commencing with Section
27720) of Part 3 of Division 2 of Title 3 of the Government Code, or
by an impartial administrative panel of three or more certificated
persons appointed by the county board of education. Section 27722 of
the Government Code is applicable to a hearing by any impartial
administrative panel and, for purposes of this section, the term
"hearing officer" in Section 27722 of the Government Code
includes an impartial administrative panel. No member of the
impartial administrative panel shall be a member of the county board
of education, nor be employed by the school district of residence or
the district of desired attendance. The definitions of "class 1
county" and "class 2 county" in subdivision (e) of Section 48919.5
apply to this section. If the hearing officer is not authorized to
decide whether the pupil should be permitted to attend in the
district in which the pupil desires to attend, the county board of
education , within 10 days of receiving the recommended
decision pursuant to subdivision (b) of Section 27722 of the
Government Code , shall render a decision.
(3) The county supervisor of attendance, or other designee of the
county superintendent of schools, shall investigate to determine
whether local remedies in the matter have been exhausted and to
provide any additional information deemed useful to the county board
in reaching a decision.
(4) If the interdistrict attendance involves school districts
located in different counties, the county board of education having
jurisdiction over the district denying a permit, or refusing or
failing to enter into an agreement to allow for the issuance of a
permit, shall have jurisdiction for purposes of an appeal. If both
districts deny a permit, or refuse or fail to enter into an agreement
to allow for the issuance of a permit, the county board having
jurisdiction over the district of residence shall have jurisdiction
for purposes of an appeal and, upon granting a pupil's appeal, shall
seek concurrence in the decision by the county board of the other
county , which shall provide adequate opportunity for the
district under its jurisdiction to be heard on the matter before
making a decision. If the two county boards do not then concur, the
pupil's appeal shall be denied.
(5) Students who are A pupil who is
under consideration for expulsion, or who have
has been expelled pursuant to Sections 48915 and 48918,
may not appeal interdistrict attendance denials or recisions
while expulsion proceedings are an interdistrict
attendance denial or rescission while an expulsion proceeding is
pending, or during the term of the expulsion.
SEC. 2. Section 46603 of the Education Code is
amended to read:
46603. (a) For a period not to exceed two school months, the
governing board of a school district may provisionally admit to the
schools of the district a pupil who resides in another district,
pending a decision of the two boards, or by the county board of
education upon appeal, regarding the interdistrict attendance.
(b) Regardless of whether the decision on interdistrict attendance
is allowed, the provisional attendance may be counted by the
district of attendance for revenue limit and state apportionment
purposes. After two school months have passed, if no decision has
been made by the two governing boards or the county board of
education under subdivision (a), the school district of residence
shall receive the revenue limit and state apportionment funding
attributable to that pupil.
SEC. 3. Section 48204 of the Education Code, as
amended by Section 1 of Chapter 33 of the Statutes of 2007, is
amended to read:
48204. (a) Notwithstanding Section 48200, a pupil complies with
the residency requirements for school attendance in a school
district, if he or she is any of the following:
(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(B) An agency placing a pupil in a home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(2) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(3) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(4) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(5) A pupil residing in a state hospital located within the
boundaries of that school district.
(b) A school district may deem a pupil to have complied with the
residency requirements for school attendance in the district if at
least one parent or legal guardian of the pupil is physically
employed within the boundaries of that district during a majority of
the time that the pupil is scheduled to be in school.
(1) This subdivision does not require the school district within
which at least one parent or legal guardian of a pupil is employed to
admit the pupil to its schools. A school district shall not,
however, refuse to admit a pupil under this subdivision on the basis,
except as expressly provided in this subdivision, of race,
ethnicity, sex, parental income, scholastic achievement, or any other
arbitrary consideration.
(2) The school district in which the residency of either the
parents or the legal guardian of the pupil is established, or the
school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the court-ordered or voluntary
desegregation plan of the district.
(3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
district determines that the additional cost of educating the pupil
would exceed the amount of additional state aid received as a result
of the transfer.
(4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) is
encouraged to identify, and communicate in writing to the parents or
the legal guardian of the pupil, the specific reasons for that
determination and is encouraged to ensure that the determination, and
the specific reasons therefor, are accurately recorded in the
minutes of the board meeting in which the determination was made.
(5) The average daily attendance for pupils admitted pursuant to
this subdivision is calculated pursuant to Section 46607.
(6) Unless approved by the sending school district, this
subdivision does not authorize a net transfer of pupils out of a
school district, calculated as the difference between the number of
pupils exiting the district and the number of pupils entering the
district, in a fiscal year in excess of the following amounts:
(A) For a school district with an average daily attendance for
that fiscal year of less than 501, 5 percent of the average daily
attendance of the district.
(B) For a school district with an average daily attendance for
that fiscal year of 501 or more, but less than 2,501, 3 percent of
the average daily attendance of the district or 25 pupils, whichever
amount is greater.
(C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
district or 75 pupils, whichever amount is greater.
(7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district the boundaries of which
include the location where at least one parent or the legal guardian
of a pupil is physically employed, the pupil does not have to reapply
in the next school year to attend a school within that district and
the district governing board shall allow the pupil to attend school
through grade 12 in that district if the parent or legal guardian so
chooses and if at least one parent or the legal guardian of the pupil
continues to be physically employed by an employer situated within
the attendance boundaries of the district, subject to paragraphs (1)
to (6), inclusive.
(c) This section shall become inoperative on July 1, 2013, and as
of January 1, 2014, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 48204 of the Education Code, as
amended by Section 2 of Chapter 33 of the Statutes of 2007, is
amended to read:
48204. Notwithstanding Section 48200, a pupil complies with the
residency requirements for school attendance in a school district, if
he or she is:
(a) (1) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(2) An agency placing a pupil in the home or institution described
in paragraph (1) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(b) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(c) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(d) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(e) A pupil residing in a state hospital located within the
boundaries of that school district.
(f) This section shall become operative on July 1, 2013.
SEC. 5. SEC. 2. 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.
