AB 1370: School accountability: Open Enrollment Act: low-achieving schools.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-02-17
(1)Commencing with the 201718 school year, the federal Elementary and Secondary Education Act of 1965, as amended by the federal Every Student Succeeds Act, requires the state to identify schools for comprehensive support and improvement pursuant to specified accountability system requirements.
Existing state law, the Open Enrollment Act (the act), authorizes the parent of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district other than the school district in which the parent resides, as specified. The act defines low-achieving school to mean a school on a list created annually by the Superintendent of Public Instruction of 1,000 schools ranked by increasing Academic Performance Index score with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 200809 school year.
Commencing July 1, 2019, this bill would instead define a low-achieving school for purposes of the act to include, among others, a school identified by the Superintendent or the State Board of Education for comprehensive support and improvement pursuant to federal specified accountability system requirements, including, among others, a school identified as being in the lowest performing 5% of all Title I schools, or a high school failing to graduate 1/3 or more of its pupils. The bill would provide that a low-achieving school shall not include a court, community, or community day school, limit the total number of low-achieving schools to no more than 1,000, and prohibit more than 10% of a local educational agencys schools from being low-performing. Commencing July 1, 2019, the bill would prohibit a school district of enrollment from not accepting transfers due to the costs associated with those transfers or because the pupil is special needs, including an individual with exceptional needs, or the pupil is an English learner, and would authorize a school district of residence to prohibit or limit transfers pursuant to the act only in specified circumstances relating to desegregation. The bill would also make conforming changes. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.
(2)The act encourages each school district to keep an accounting of all requests made for alternative attendance pursuant to the act and records of all disposition of those requests, as provided.
Commencing July 1, 2019, this bill would instead require each school district of enrollment to keep that information and would require the Superintendent to collect that information, as provided. On or before July 1, 2018, the bill would require the Superintendent to report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, the plan for collecting the information. Commencing July 1, 2019, the bill would require the school district of enrollment, on or before May 15 of each year, to report the information to each school district that is geographically adjacent, to its county office of education, and to the Superintendent, as specified, and would also require the Superintendent to annually make certain information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office, as provided. To the extent the bill would expand the duties of school districts under the act, the bill would impose a state-mandated local program.
(3)The act requires the Superintendent to contract for an independent evaluation of the open enrollment program, as provided. Existing law requires the Superintendent to provide a final evaluation report to the Legislature, Governor, and State Board of Education on or before October 1, 2014.
This bill would require the Legislative Analysts Office to complete an evaluation of, and to make recommendations on, the open enrollment program, as provided. The bill would require the Legislative Analysts Office to submit the final evaluation report to the Legislature, Governor, and state board on or before December 1, 2022. The bill would require the Superintendent to provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.
(4)This bill would make the act inoperative on July 1, 2023, and would repeal the act on January 1, 2024.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)For purposes of this article, the following definitions apply:
(a)(1)Low-achieving school means any school identified on a list created by the Superintendent pursuant to the following:
(1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the(A)Consistent with subparagraph (B), the Superintendent annually shall create a list of 1,000 schools ranked by increasing API with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 200809 school year.
(2)(B)In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:
(A)(i)A local educational agency shall not have more than 10 percent of its schools on the list. However, if the number of schools in a local educational agency is not evenly divisible by 10, the Superintendent shall round up to the next whole number of schools.
(B)(ii)Court, community, or community day schools shall not be included on the list.
(C)(iii)Charter schools shall not be included on the list.
(b)(2)Parent means the natural or adoptive parent or guardian of a dependent child.
(c)(3)School district of enrollment means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this article.
(d)(4)School district of residence means a school district in which the parent of a pupil resides and in which the pupil would otherwise be required to enroll pursuant to Section 48200.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 2.Section 48352 is added to the Education Code, to read:48352.(a)For purposes of this article, the following definitions apply:
(1)(A)Low-achieving school means either of the following:
(i)A school that is identified by the Superintendent or the state board for comprehensive support and improvement pursuant to the accountability system requirements of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal Every Student Succeeds Act (Public Law 114-95), including all of the following:
(I)A school identified as being in the lowest performing 5 percent of all Title I schools.
(II)A high school that fails to graduate one-third or more of its pupils.
(III)A school subject to a mandatory targeted support and improvement plan.
(ii)A school receiving mandatory assistance pursuant to subdivision (f) of Section 52074.
(B)Notwithstanding subparagraph (A), a low-achieving school shall not include court, community, or community day schools.
(2)Parent means the natural or adoptive parent or guardian of a dependent child.
(3)School district of enrollment means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this article.
(4)School district of residence means a school district in which the parent of a pupil resides and in which the pupil would otherwise be required to enroll pursuant to Section 48200.
(b)The number of schools identified as low-achieving schools shall not exceed 1,000 schools.
(c)A local educational agency shall not have more than 10 percent of its schools identified as low-achieving schools. However, if the number of schools in a local educational agency is not evenly divisible by 10, the Superintendent shall round up to the next whole number of schools.
(d)This section shall become operative on July 1, 2019.
SEC. 3.Section 48354 of the Education Code is amended to read:48354.(a)The parent of a pupil enrolled in a low-achieving school may submit an application for the pupil to attend a school in a school district of enrollment pursuant to this article.
(b)(1)Consistent with the requirements of Section 1116(b)(1)(E) of the federal Elementary and Secondary Education Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first day of the school year, or, if later, on the date the notice of program improvement, corrective action, or restructuring status is required to be provided under federal law law, the school district of residence shall provide the parents and guardians of all pupils enrolled in a school low-achieving school, as determined in pursuant to paragraph (1) of subdivision (a) of Section 48352 48352, with notice of the option to transfer to another public school served by the school district of residence or another school district.
(2)An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of enrollment prior to before January 1 of the school year preceding the school year for which the pupil is requesting to transfer. The school district of enrollment may waive the deadline specified in this paragraph.
(3)The application deadline specified in paragraph (2) does not apply to an application requesting a transfer if the parent, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to before submitting the application.
(4)The application may request enrollment of the pupil in a specific school or program within the school district of enrollment.
(5)A pupil may enroll in a school in the school district of enrollment in the school year immediately following the approval of his or her application.
(6)In order to provide priority enrollment opportunities for pupils residing in the school district, a school district of enrollment shall establish a period of time for resident pupil enrollment prior to before accepting transfer applications pursuant to this article.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.Section 48354 is added to the Education Code, to read:48354.(a)The parent of a pupil enrolled in a low-achieving school may submit an application for the pupil to attend a school in a school district of enrollment pursuant to this article.
(b)(1)Consistent with the authorization in Section 1111(d)(1)(D) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal Every Student Succeeds Act (Public Law 114-95), on or before the first day of the school year, or, if later, on the date of the notice of identification of schools for comprehensive support and improvement, the school district of residence shall provide the parents and guardians of all pupils enrolled in a low-achieving school, as determined pursuant to paragraph (1) of subdivision (a) of Section 48352, with notice of the option to transfer to another public school served by the school district of residence or another school district.
(2)An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of enrollment before January 1 of the school year preceding the school year for which the pupil is requesting to transfer. The school district of enrollment may waive the deadline specified in this paragraph.
(3)The application deadline specified in paragraph (2) does not apply to an application requesting a transfer if the parent, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days before submitting the application.
(4)The application may request enrollment of the pupil in a specific school or program within the school district of enrollment.
(5)A pupil may enroll in a school in the school district of enrollment in the school year immediately following the approval of his or her application.
(6)In order to provide priority enrollment opportunities for pupils residing in the school district, a school district of enrollment shall establish a period of time for resident pupil enrollment before accepting transfer applications pursuant to this article.
(c)This section shall become operative on July 1, 2019.
SEC. 5.Section 48356 of the Education Code is amended to read:48356.(a)A school district of enrollment may adopt specific, written standards for acceptance and rejection of applications pursuant to this article. The standards may include consideration of the capacity of a program, class, grade level, school building, or adverse financial impact. Subject to subdivision (b), and except as necessary in accordance with Section 48355, the standards shall not include consideration of a pupils previous academic achievement, physical condition, proficiency in the English language, family income, or any of the individual characteristics set forth in Section 200.
(b)In considering an application pursuant to this article, a nonresident school district may apply its usual requirements for admission to a magnet school or a program designed to serve gifted and talented pupils.
(c)Subject to the rules and standards that apply to pupils who reside in the school district of enrollment, a resident nonresident pupil who is enrolled in one of the school districts schools pursuant to this article shall not be required to submit an application in order to remain enrolled.
(d)A school district of enrollment shall ensure that pupils enrolled pursuant to standards adopted pursuant to this section are enrolled in a school with a higher Academic Performance Index than the school in which the pupil was previously enrolled and are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based on his or her individual academic or athletic performance, or any of the other characteristics set forth in subdivision (a), except that pupils applying for a transfer pursuant to this article shall be assigned priority for approval as follows:
(1)First priority for the siblings of children who already attend the desired school.
(2)Second priority for pupils transferring from a program improvement school ranked in decile 1 on the Academic Performance Index Index, as determined pursuant to paragraph (1) of subdivision (a) of Section 48352.
(3)If the number of pupils who request a particular school exceeds the number of spaces available at that school, a lottery shall be conducted in the group priority order identified in paragraphs (1) and (2) to select pupils at random until all of the available spaces are filled.
(e)The initial application of a pupil for transfer to a school within a school district of enrollment shall not be approved if the transfer would require the displacement from the desired school of any other pupil who resides within the attendance area of that school or is currently enrolled in that school.
(f)A pupil approved for a transfer to a school district of enrollment pursuant to this article shall be deemed to have fulfilled the requirements of Section 48204.
(g)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.Section 48356 is added to the Education Code, to read:48356.(a)A school district of enrollment may adopt specific, written standards for acceptance and rejection of applications pursuant to this article. The standards may include consideration of the capacity of a program, class, grade level, school building, or adverse financial impact. Subject to subdivision (b), and except as necessary in accordance with Section 48355, the standards shall not include consideration of a pupils previous academic achievement, physical condition, proficiency in the English language, family income, or any of the individual characteristics set forth in Section 200.
(b)In considering an application pursuant to this article, a school district of enrollment may apply its usual requirements for admission to a magnet school or a program designed to serve gifted and talented pupils.
(c)Subject to the rules and standards that apply to pupils who reside in the school district of enrollment, a nonresident pupil who is enrolled in one of the school districts schools pursuant to this article shall not be required to submit an application in order to remain enrolled.
(d)A school district of enrollment shall ensure that pupils enrolled pursuant to standards adopted pursuant to this section are enrolled in a school not identified as being a low-achieving school pursuant to paragraph (1) of subdivision (a) of Section 48352 and are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based on his or her individual academic or athletic performance, or any of the other characteristics set forth in subdivision (a), except that pupils applying for a transfer pursuant to this article shall be assigned priority for approval as follows:
(1)First priority for the siblings of children who already attend the desired school.
(2)Second priority for unduplicated pupils, as defined in paragraph (1) of subdivision (b) of Section 42238.02, transferring from a low-achieving school, as determined pursuant to paragraph (1) of subdivision (a) of Section 48352.
(3)If the number of pupils who request a particular school exceeds the number of spaces available at that school, a lottery shall be conducted in the group priority order identified in paragraphs (1) and (2) to select pupils at random until all of the available spaces are filled.
(e)The initial application of a pupil for transfer to a school within a school district of enrollment shall not be approved if the transfer would require the displacement from the desired school of any other pupil who resides within the attendance area of that school or is currently enrolled in that school.
(f)A pupil approved for a transfer to a school district of enrollment pursuant to this article shall be deemed to have fulfilled the requirements of Section 48204.
(g)Communications to parents by school districts of enrollment shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a childs actual or perceived academic or athletic performance or any other personal characteristic.
(h)All communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence pursuant to Section 48985.
(i)(1)The school district of enrollment shall not prohibit a transfer of a pupil under this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, or an English learner.
(2)This subdivision is intended to ensure that special education, bilingual, English learner, or other special needs pupils are not discriminated against by the school district of enrollment because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this article.
(j)A school district of enrollment, with respect to compliance with subdivisions (d) and (g), shall be subject to the audit conducted pursuant to Section 41020.
(k)This section shall become operative on July 1, 2019.
SEC. 7.Section 48357.5 is added to the Education Code, to read:48357.5.(a)A school district of residence, upon notification of the pupils acceptance to the school district of enrollment, may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following:
(1)The court-ordered desegregation plan of the school district of residence.
(2)The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.
(3)The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, General Election.
(b)This section shall become operative on July 1, 2019.
SEC. 8.Section 48359 of the Education Code is amended to read:48359.(a)Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:
(1)The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials.
(2)The number of pupils who transfer out of the district.
(3)The number of pupils who transfer into the district.
(4)The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).
(5)The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.
(b)The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 9.Section 48359 is added to the Education Code, to read:48359.(a)Each school district of enrollment shall keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following:
(1)The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.
(2)The number of pupils who transfer out of the school district of residence pursuant to this article.
(3)The number of pupils who transfer into the school district of enrollment pursuant to this article.
(4)The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3).
(5)The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.
(b)The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of enrollment at a regularly scheduled meeting of the governing board. No later than May 15th of each year, the school district of enrollment shall report the information maintained pursuant to subdivision (a) for that school year to each school district that is geographically adjacent to the school district of enrollment, the county office of education in which the school district of enrollment is located, and the Superintendent through the California Longitudinal Pupil Achievement Data System or other electronic program.
(c)The Superintendent shall do both of the following:
(1)Collect the information specified in subdivision (a) from each school district of enrollment. The Superintendent shall ensure that school districts of enrollment provide this information in a complete format. The Superintendent may provide a template for school districts of enrollment to use and may issue guidance regarding the procedures for collecting and reporting data.
(2)Post the information collected pursuant to paragraph (1) on the departments Internet Web site. The information shall be accompanied by an explanation of the transfers authorized by this article. The Superintendent shall make this information available by request to any school district.
(d)The Superintendent may require the information specified in subdivision (a) to be provided through the California Longitudinal Pupil Achievement Data System, another data collection system administered by the department, or another manner authorized by the Superintendent. It is the intent of the Legislature that the Superintendent collect the data in a manner that minimizes the administrative burden for school districts and the department.
(e)The Superintendent shall annually make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office:
(1)The number and characteristics of pupils who use the school district open enrollment option pursuant to this article.
(2)The assessment scores of schools in school districts of residence and school districts of enrollment pursuant to subdivision (b) of Section 60640.
(3)The graduation rates of school districts of enrollment and school districts of residence.
(4)The enrollment of school districts of residence and school districts of enrollment for the previous five years.
(5)The fiscal health of school districts of residence and school districts of enrollment, including, but not limited to, both of the following:
(A)Increasing or declining enrollment.
(B)Whether a school district received a negative or qualified rating pursuant to Section 42131.
(6)Other information the Superintendent deems appropriate.
(f)This section shall become operative on July 1, 2019.
SEC. 10.Section 48359.3 is added to the Education Code, to read:48359.3.On or before July 1, 2018, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Governor, and the Legislative Analysts Office a description of the plan for collecting the data specified in subdivision (a) of Section 48359, as required pursuant to subdivisions (c) and (d) of Section 48359, as added by the act adding this section.
SEC. 11.Section 48360 of the Education Code is amended to read:48360.(a) From federal funds appropriated for this purpose, the Superintendent The Legislative Analysts Office shall contract for complete an independent evaluation of the open enrollment program operated pursuant to this article. The evaluation shall, at a minimum, consider all of the following:
(1)The levels of, and changes in, academic achievement of pupils in school districts of residence and school districts of enrollment for pupils who do and do not elect to enroll in a school district of enrollment.
(2)Fiscal and programmatic effects on school districts of residence and school districts of enrollment.
(3)Numbers and demographic and socioeconomic characteristics of pupils who do and do not elect to enroll in a school district of enrollment.
(b)The Superintendent Legislative Analysts Office shall provide a make recommendations on any additional or revised eligibility criteria for the open enrollment program based on the states new accountability system adopted for purposes of complying with the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6311), as amended by the federal Every Student Succeeds Act (Public Law 114-95), including the use of local control funding formula unduplicated subgroup criteria, and may also include recommendations on whether other open enrollment program provisions should be altered, expanded, or deleted. The final evaluation report shall be submitted by the Legislative Analysts Office to the Legislature, Governor, and state board on or before October December 1, 2014. 2022. The Superintendent shall provide the data necessary to complete the report to the Legislative Analysts Office by December 1, 2021.
SEC. 12.Section 48362 is added to the Education Code, to read:48362.This article shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.
SEC. 13.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Jan 10, 2018 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 27, 2017 | Referred to Com. on ED. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| American Civil Liberties Union | ** Against | Jan 9, 2018 |
| Edvoice | ** Support | Jan 9, 2018 |
| Public Advocates | ** Against | Jan 9, 2018 |
Date of Hearing: January 10, 2018
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 1370 (
Author:Kiley) – As Introduced Ver:February 17, 2017
SUBJECT: School accountability: Open Enrollment Act: low-achieving schools
SUMMARY: Makes changes to the Open Enrollment Act by replacing the Academic Performance Index with new eligibility criteria for identifying low-achieving schools. Specifically, this bill:
- Deletes the existing definition of "low-achieving school" and instead establishes the definition of low-achieving school to mean either of the following, effective July 1, 2019, for purposes of the Open Enrollment Act:
- A school that is identified by the Superintendent of Public Instruction (SPI) or the State Board of Education for comprehensive support and improvement pursuant to the accountability system requirements of the federal Elementary and Secondary Education Act of 1965, as amended by the federal Every Student Succeeds Act (Public Law 114-95), including all of the following:
- A school identified as being in the lowest performing 5% of all Title I schools.
- A high school that fails to graduate one-third or more of its pupils.
- A school subject to a mandatory targeted support and improvement plan.
- A school receiving mandatory assistance from the California Collaborative for Educational Excellence (CCEE), as directed by the SPI.
- A school that is identified by the Superintendent of Public Instruction (SPI) or the State Board of Education for comprehensive support and improvement pursuant to the accountability system requirements of the federal Elementary and Secondary Education Act of 1965, as amended by the federal Every Student Succeeds Act (Public Law 114-95), including all of the following:
- Provides that a low-achieving school shall not include court, community or community day schools.
- Specifies that the list of low achieving schools not exceed 1,000 schools; and, specifies that no more than 10% of schools in a local education agency shall be identified on the list of low achieving schools.
- Requires schools identified on the list of low achieving schools to notify parents and guardians of students enrolled at those schools of their option to transfer to another public school served by the school district of residence or another school district.
- Provides that a school district of enrollment shall ensure that pupils enrolled are enrolled in a school that is not identified as being a low-achieving school and are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based on his or her individual academic or athletic performance, or any of the other characteristics, except that pupils applying for a transfer shall be assigned priority for approval, as follows:
- First priority for the siblings of children who already attend the desired school.
- Second priority for unduplicated pupils, as specified, transferring from a low-achieving school.
- If the number of pupils who request a particular school exceeds the number of spaces available at that school, a lottery shall be conducted in the group priority order to select pupils at random until all of the available spaces are filled.
- Requires communications to parents by school districts of enrollment to be factually accurate and not target individual parents or residential neighborhoods on the basis of a child's actual or perceived academic or athletic performance or any other personal characteristic; and requires all communications from the school district of enrollment regarding the transfer opportunities pursuant to this article shall be available in all languages required for the school district of residence.
- Specifies that a school district of enrollment shall not prohibit a transfer of a pupil based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of enrollment shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined, or an English learner.
- On July 1, 2019, authorizes a school district of residence, upon notification of the pupil's acceptance to the school district of enrollment, to prohibit the transfer of a pupil 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:
- The court-ordered desegregation plan of the school district of residence.
- 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.
- 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.
- Requires each school district of enrollment to keep an accounting of all requests made for alternative attendance and records of all disposition of those requests; requires the data to be reported to the school board, the school boards of adjacent school districts, the county board of education and the Superintendent of Public Instruction (SPI); and, requires this data to be reported annually to the Legislature and Governor, as specified.
- Requires the SPI, on or before July 1, 2018, to report to the appropriate fiscal and policy committees of the Legislature, the Governor and the Legislative Analyst's Office a description of the plan for collecting the required data.
- Requires the Legislative Analyst's Office (LAO) to complete an evaluation of the open enrollment program, as specified, and to make recommendations on any additional or revised eligibility criteria based on the state's new accountability system adopted for purposes of complying with federal law, including the use of local control funding formula unduplicated subgroup criteria. Provides that the LAO may also include recommendations on whether other open enrollment program provisions should be altered, expanded, or deleted. Requires the final evaluation report to be submitted to the Legislature, Governor, and State Board of Education on or before December 1, 2022, and for the SPI to provide the data necessary to complete the report to the LAO by December 1, 2021.
- Establishes a sunset date for the program of July 1, 2023 and repeal date of January 1, 2024.
EXISTING LAW:
- Establishes the Open Enrollment Act as follows:
- Allows the parent of a pupil attending a school identified by the SPI as "low-achieving" to submit an application for the pupil to attend another school within the same district or transfer to another school district (school district of enrollment). A list of 1,000 "low-achieving schools" ranked by increasing Academic Performance Index (API) is identified by the SPI each year.
- Provides that a school district of enrollment may adopt specific written standards for acceptance and rejection of transfer applications, including consideration of the capacity of a program, class, grade level, or school building, or adverse fiscal impact.
- Prohibits a school district of enrollment from considering a pupil's previous academic achievement, physical condition, and proficiency in the English language, family income or any of the individual characteristics set forth in Education Code Section 200, and shall ensure that pupils are enrolled in a school with a higher API than the school in which the pupil was previously enrolled.
- Requires that pupils are selected through a random, unbiased process, except that pupils applying for transfer are assigned specific priorities, with the first priority given to siblings of children who already attend the desired school and second priority for pupils transferring from a program improvement school ranked in decile 1 on the API. (Education Code (EC) 48350, et seq.)
- Establishes the CCEE for the purpose of advising and assisting school districts, county superintendent of schools, and charter schools in achieving the goals set forth in a local control and accountability plan (LCAP). (EC 52074)
- Authorizes the SPI to direct the CCEE to advise and assist a school district, county superintendent of schools, or charter school in any of the following circumstances:
- If the governing board of a school district, county board of education, or governing body or a charter school requests the advice and assistance of the CCEE.
- If the county superintendent of schools determines, following the provision of technical assistance, that the advice and assistance of the CCEE is necessary to help the district or charter school accomplish the goals described in the LCAP.
- If the SPI determines that the advice and assistance of the CCEE is necessary to help the school district, county superintendent of schools, or charter school accomplish the goals set forth in the LCAP. (EC 52074)
FISCAL EFFECT: Unknown
COMMENTS: This bill changes the calculation of how the schools are identified to participate in the Open Enrollment program. Specifically, this bill provides that a low-achieving school is a school that is identified in the lowest 5% of Title 1 schools, has high dropout rates, is identified by the Superintendent of Public Instruction or the State Board of Education for comprehensive support and improvement, as specified, or a school that is receiving mandatory assistance by the California Collaborative for Educational Excellence (CCEE).
Background: The Open Enrollment Act was created during a time when the State was competing for Federal funding called Race to the Top. Despite making several changes to state law, California was not awarded Race to the Top funding. The statutory changes made at the time have continued despite the State's lack of participation in the Race to the Top program. The Open Enrollment program requires the SPI to create a list of the 1,000 lowest achieving schools based on the API and requires that parents at those schools be notified that their child attends a school on this list. Students that attend the 1,000 lowest achieving schools are then authorized to transfer to higher achieving schools. The State has replaced the API with a new assessment system and the API is now outdated. The Open Enrollment program has largely been duplicative of federal law which, until the recent reauthorization of the Every Student Succeeds Act (ESSA), allowed students who attend schools in program improvement to transfer to higher achieving schools. Federal law no longer specifies that students in low achieving schools must be allowed to transfer, therefore this program is no longer a requirement of federal law.
According to the California Department of Education who publishes the list of Open Enrollment schools, the last available list is currently posted on the CDE website and is based on the assessment results from the 2013 California Standards Tests which were developed under the prior state content standards. Due to the transition to the new California Assessment of Student Performance and Progress system, the calculation of the 2014 Growth and Base and 2015 Growth APIs were suspended by the State Board of Education. With the absence of a 2015 API score, the CDE cannot produce a new Open Enrollment Act list.
State Accountability Plan & Timing. This bill is be premature in relation to the State Board of Education's (SBE) planned actions to finalize the State Accountability Plan and the methodology for identifying the lowest performing 5% of schools, as required by ESSA. While it was originally thought that the SBE might take final action at the January 2018 meeting, due to recent feedback from the Federal government about the state's accountability plan which will require revisions, it no longer appears probable that the SBE will take action this month. It is more likely that the SBE would be ready to take action in identifying the lowest 5% of schools in either March or May. Therefore, the Committee should consider whether this bill is premature.
Code Consistency: This bill may also be premature due to the fact all other outdated references to API in the Education Code are still present in the Code. The Legislature is grappling with how the new metrics based on the new accountability system should be incorporated into the Education Code in several places. The Committee should consider whether all the outdated references to API in the Code should be replaced at the same time, with consistent language.
Author's Statement: According to the author, "the Academic Performance Index (API), along with a specified sometimes confusing legislatively mandated calculation has been the previous method for identifying the 1,000 low achieving schools whose enrollment assignment would trigger a student’s eligibility for Open Enrollment. The last published list of 1,000 is out dated with no new APIs being produced in the last two years. And, some schools objected to the current formula, which resulted in some of the lowest performing schools in California not being on the list at all. With the state adoption of a new assessment system called the California Assessment of Student Performance and Progress (CAASPP), and the temporary and possibly permanent hiatus on the publication of a new API, there is an interest in using updated definitions and information more accurately reflecting the concept of persistently low school performance. The API is no longer being updated and the last published list is based on the old STAR Program instead of the CAASPP scores. AB 1370 updates the eligibility for additional public school options for students enrolled in persistently low performing schools by maintaining the Open Enrollment Act, and referencing definitions of persistently low performance in the newly enacted federal Every Student Succeeds Act (ESSA) and state Local Control Funding Formula statutes as the criteria for defining low performing schools. The Open Enrollment Act provides students who are otherwise zip-code assigned to the lowest performing schools a choice to attend a higher performing public school even if the neighborhood school is persistently low performing. Accordingly, AB 1370 helps the state protect students’ constitutional guarantee to equitable opportunity for a quality public education in California."
Racial Segregation in Schools. According to an April 2016, Government Accountability Office (GAO) report entitled, Better Use of Information Could Help Agencies Identify Disparities and Address Racial Discrimination, "The percentage of K-12 public schools in the United States with students who are poor and are mostly Black or Hispanic is growing and these schools share a number of challenging characteristics. From school years 2000-01 to 2013-14 (the most recent data available), the percentage of all K-12 public schools that had high percentages of poor and Black or Hispanic students grew from 9 to 16%, according to GAO's analysis of data from the Department of Education. These schools were the most racially and economically concentrated: 75 to 100% of the students were Black or Hispanic and eligible for free or reduced-price lunch—a commonly used indicator of poverty. GAO's analysis of Education data also found that compared with other schools, these schools offered disproportionately fewer math, science, and college preparatory courses and had disproportionately higher rates of students who were held back in 9th grade, suspended, or expelled."
The Assembly should consider whether the Open Enrollment program will exacerbate racial segregation in California schools as limited evidence shows is happening with the similar District of Choice program.
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Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087
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