AB 2826: Pupil enrollment: interdistrict attendance.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-19
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. Existing law authorizes the person having legal custody of the pupil to 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 school district of residence. Existing law also authorizes the governing board of a school district to provisionally admit a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance.
This bill would require each school district of residence and school district of proposed enrollment to post on its Internet Web site the procedures and timelines regarding a request for an interdistrict transfer permit, including, among other things, the date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and the reasons for which the school district may approve or deny a request. The bill would require a school district to notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and would require a school district to notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. The bill would require a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
The bill would make a pupil eligible for provisional admission to a school district of proposed enrollment only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. The bill would also make various nonsubstantive changes to these provisions.
This bill would incorporate additional changes to Section 46600 of the Education Code proposed by AB 3086 to be operative only if this bill and AB 3086 are enacted and this bill is enacted last.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. Existing law authorizes the person having legal custody of the pupil to 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 school district of residence. Existing law also authorizes the governing board of a school district to provisionally admit a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance.
This bill would require each school district of residence and school district of proposed enrollment to post on its Internet Web site the procedures and timelines regarding a request for an interdistrict transfer permit, including, among other things, the date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and the reasons for which the school district may approve or deny a request. The bill would require a school district to notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and would require a school district to notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. The bill would require a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
The bill would make a pupil eligible for provisional admission to a school district of proposed enrollment only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. The bill would also make various nonsubstantive changes to these provisions.
This bill would incorporate additional changes to Section 46600 of the Education Code proposed by AB 3086 to be operative only if this bill and AB 3086 are enacted and this bill is enacted last.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. Existing law authorizes the person having legal custody of the pupil to 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 school district of residence. Existing law also authorizes the governing board of a school district to provisionally admit a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance.
This bill would require each school district of residence and school district of proposed enrollment to post on its Internet Web site the procedures and timelines regarding a request for an interdistrict transfer permit, including, among other things, the date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and the reasons for which the school district may approve or deny a request. The bill would require a school district to notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and would require a school district to notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. The bill would require a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
The bill would make a pupil eligible for provisional admission to a school district of proposed enrollment only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. The bill would also make various nonsubstantive changes to these provisions.
This bill would incorporate additional changes to Section 46600 of the Education Code proposed by AB 3086 to be operative only if this bill and AB 3086 are enacted and this bill is enacted last.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. Existing law authorizes the person having legal custody of the pupil to 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 school district of residence. Existing law also authorizes the governing board of a school district to provisionally admit a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance.
This bill would require each school district of residence and school district of proposed enrollment to post on its Internet Web site the procedures and timelines regarding a request for an interdistrict transfer permit, including, among other things, the date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and the reasons for which the school district may approve or deny a request. The bill would require a school district to notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and would require a school district to notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. The bill would require a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
The bill would make a pupil eligible for provisional admission to a school district of proposed enrollment only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. The bill would also make various nonsubstantive changes to these provisions.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. Existing law authorizes the person having legal custody of the pupil to appeal, within 30 calendar days of the failure or refusal to issue a permit, permit or to enter into an agreement allowing the attendance, to the county board of education having jurisdiction over the school district of residence. Existing law also authorizes the governing board of a school district to provisionally admit a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance.
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This bill would require each school district of residence and school district of proposed enrollment to post on its Internet Web site the procedures and timelines regarding a request for an interdistrict transfer permit, including, among other things, the date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and the reasons for which the school district may approve or deny a request. The bill would require a school district to notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and would require a school district to notify a parent submitting a future year request of its final decision within as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. The bill would require a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
The bill would make a pupil eligible for provisional admission to a school district of proposed enrollment only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. The bill would also make various nonsubstantive changes to these provisions.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. Existing law authorizes the person having legal custody of the pupil to 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 school district of residence. Existing law also authorizes the governing board of a school district to provisionally admit a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance.
The bill would require each school district of residence and school district of enrollment to post on its Internet Web site the procedures and timelines regarding a request for an interdistrict transfer permit, including, among other things, the date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and the reasons for which the school district may approve or deny a request. The bill would require a school district to notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and would require a school district to notify a parent submitting a future year request of its final decision within 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. The bill would require a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
The bill would make a pupil eligible for provisional admission to a school district only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. The bill would also make various nonsubstantive changes to these provisions.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. Existing law authorizes the person having legal custody of the pupil to 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 school district of residence. Existing law also authorizes the governing board of a school district to provisionally admit a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance.
The bill would require each school district of residence and school district of enrollment to post on its Internet Web site the procedures and timelines regarding a request for an interdistrict transfer permit, including, among other things, the date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and the reasons for which the school district may approve or deny a request. The bill would require a school district to notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and would require a school district to notify a parent submitting a future year request of its final decision within 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. The bill would require a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
The bill would make a pupil eligible for provisional admission to a school district only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. The bill would also make various nonsubstantive changes to these provisions.
(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
(2)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
SEC. 1.5.Section 46600 of the Education Code is amended to read:46600.(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, a school district of residence shall not prohibit the transfer of a pupil to a school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer and the pupil is any of the following:
(A)Currently, or at any time within the previous five school years, a homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(B)A currently migratory child or former migratory child, as those terms are defined in Section 54441.
(C)A foster youth.
(D)A victim of an act of bullying.
(E)A child of an active military duty parent.
(2)A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision until the school district is at maximum capacity and shall ensure that pupils admitted under this subdivision 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 on his or her academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status.
(3)(A)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
(B)For purposes of this subdivision, a victim of an act of bullying means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency.
(4)(A)Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals.
(B)A school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision.
(C)It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to subdivision (e) of Section 42238.02.
SEC. 2.Section 46600.1 is added to the Education Code, to read:46600.1.For purposes of this chapter, the following terms have the following meanings:
(a)Class 1 county and class 2 county have the same meanings as defined in subdivision (e) of Section 48919.5.
(b)County board of education means the county board that has jurisdiction over the school district denying the permit.
(c)Current year request means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(d)(1)For purposes of appealing to the county board of education, a denial includes a school districts failure to provide written notification of the school districts decision within the timelines prescribed in this chapter.
(2)A denial shall not include any of the following:
(A)A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2.
(B)An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
(C)A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
(e)Future year request means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(f)Parent means the natural or adoptive parent or guardian, the person having legal custody, or other educational rights holder.
(g)School district of proposed 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 chapter.
(h)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 the compulsory education requirements as specified in Section 48200.
SEC. 3.Section 46600.2 is added to the Education Code, to read:46600.2.(a)Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following:
(1)The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
(2)The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
(3)If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
(4)That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.
(5)Applicable timelines for processing a request, including statements that the school district shall do both of the following:
(A)Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.
(B)Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
(6)The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
(b)A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
(c)Any written notice to parents regarding a school districts decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 4.Section 46601 of the Education Code is amended to read:46601.(a)A parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school districts final denial, to the county board of education.
(b)(1)Failure by the parent to appeal within the required time is good cause for rejection of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits.
(2)(A)(i)The county board of education shall, unless clause (ii) or clause (iii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(ii)Until July 1, 2023, the county board of education in a class 1 county shall, within 60 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(iii)Until July 1, 2019, the county board of education in a class 2 county shall, within 45 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(B)In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend the school district of proposed enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education 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 of educations 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 county board of education unless the parent requests a postponement.
(C)In a class 1 or class 2 county, the county board of educations 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 applies to a hearing by an 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. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of proposed enrollment.
(D)If the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of proposed enrollment, the county board of education, within 10 calendar days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The 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 of education in reaching a decision.
(4)Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 5.Section 46602 of the Education Code is amended to read:46602.(a)If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes.
(b)Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 6.Section 46603 of the Education Code is amended to read:46603.(a)(1)For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
(2)The period of provisional attendance begins on the first day of the pupils attendance in the school.
(3)If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program.
(4)Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
(b)Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of proposed enrollment for state apportionment purposes.
SEC. 7.Section 1.5 of this bill incorporates amendments to Section 46600 of the Education Code proposed by both this bill and Assembly Bill 3086. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 46600 of the Education Code, and (3) this bill is enacted after Assembly Bill 3086, in which case Section 1 of this bill shall not become operative.
(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
(2)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
SEC. 1.5.Section 46600 of the Education Code is amended to read:46600.(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, a school district of residence shall not prohibit the transfer of a pupil to a school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer and the pupil is any of the following:
(A)Currently, or at any time within the previous five school years, a homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(B)A currently migratory child or former migratory child, as those terms are defined in Section 54441.
(C)A foster youth.
(D)A victim of an act of bullying.
(E)A child of an active military duty parent.
(2)A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision until the school district is at maximum capacity and shall ensure that pupils admitted under this subdivision 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 on his or her academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status.
(3)(A)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
(B)For purposes of this subdivision, a victim of an act of bullying means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency.
(4)(A)Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals.
(B)A school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision.
(C)It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to subdivision (e) of Section 42238.02.
SEC. 2.Section 46600.1 is added to the Education Code, to read:46600.1.For purposes of this chapter, the following terms have the following meanings:
(a)Class 1 county and class 2 county have the same meanings as defined in subdivision (e) of Section 48919.5.
(b)County board of education means the county board that has jurisdiction over the school district denying the permit.
(c)Current year request means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(d)(1)For purposes of appealing to the county board of education, a denial includes a school districts failure to provide written notification of the school districts decision within the timelines prescribed in this chapter.
(2)A denial shall not include any of the following:
(A)A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2.
(B)An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
(C)A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
(e)Future year request means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(f)Parent means the natural or adoptive parent or guardian, the person having legal custody, or other educational rights holder.
(g)School district of proposed 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 chapter.
(h)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 the compulsory education requirements as specified in Section 48200.
SEC. 3.Section 46600.2 is added to the Education Code, to read:46600.2.(a)Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following:
(1)The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
(2)The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
(3)If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
(4)That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.
(5)Applicable timelines for processing a request, including statements that the school district shall do both of the following:
(A)Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.
(B)Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
(6)The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
(b)A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
(c)Any written notice to parents regarding a school districts decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 4.Section 46601 of the Education Code is amended to read:46601.(a)A parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school districts final denial, to the county board of education.
(b)(1)Failure by the parent to appeal within the required time is good cause for rejection of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits.
(2)(A)(i)The county board of education shall, unless clause (ii) or clause (iii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(ii)Until July 1, 2023, the county board of education in a class 1 county shall, within 60 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(iii)Until July 1, 2019, the county board of education in a class 2 county shall, within 45 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(B)In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend the school district of proposed enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education 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 of educations 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 county board of education unless the parent requests a postponement.
(C)In a class 1 or class 2 county, the county board of educations 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 applies to a hearing by an 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. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of proposed enrollment.
(D)If the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of proposed enrollment, the county board of education, within 10 calendar days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The 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 of education in reaching a decision.
(4)Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 5.Section 46602 of the Education Code is amended to read:46602.(a)If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes.
(b)Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 6.Section 46603 of the Education Code is amended to read:46603.(a)(1)For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
(2)The period of provisional attendance begins on the first day of the pupils attendance in the school.
(3)If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program.
(4)Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
(b)Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of proposed enrollment for state apportionment purposes.
SEC. 7.Section 1.5 of this bill incorporates amendments to Section 46600 of the Education Code proposed by both this bill and Assembly Bill 3086. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 46600 of the Education Code, and (3) this bill is enacted after Assembly Bill 3086, in which case Section 1 of this bill shall not become operative.
(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
(2)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
SEC. 1.5.Section 46600 of the Education Code is amended to read:46600.(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in kindergarten transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in kindergarten transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The supervisor of attendance designee of the superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils entering grade 11 or 12 in the subsequent school year. after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the person having legal custody of the pupil, parent, be given priority for interdistrict attendance under any existing interdistrict attendance agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement. attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer. transfer and the pupil is any of the following:
(A)Currently, or at any time within the previous five school years, a homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(B)A currently migratory child or former migratory child, as those terms are defined in Section 54441.
(C)A foster youth.
(D)A victim of an act of bullying.
(E)A child of an active military duty parent.
(2)A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision until the school district is at maximum capacity and shall ensure that pupils admitted under this subdivision 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 on his or her academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status.
(2)(3)(A)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
(B)For purposes of this subdivision, parent means the natural or adoptive parent or guardian of a dependent child.(B)For purposes of this subdivision, a victim of an act of bullying means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency.
(4)(A)Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals.
(B)A school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision.
(C)It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to subdivision (e) of Section 42238.02.
SEC. 2.Section 46600.1 is added to the Education Code, to read:46600.1.For purposes of this chapter, the following terms have the following meanings:
(a)Class 1 county and class 2 county have the same meanings as defined in subdivision (e) of Section 48919.5.
(b)County board of education means the county board that has jurisdiction over the school district denying the permit.
(c)Current year request means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(d)(1)For purposes of appealing to the county board of education, a denial includes a school districts failure to provide written notification of the school districts decision within the timelines prescribed in this chapter.
(2)A denial shall not include any of the following:
(A)A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2.
(B)An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
(C)A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
(e)Future year request means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(f)Parent means the natural or adoptive parent or guardian, the person having legal custody, or other person with educational rights. educational rights holder.
(g)School district of proposed 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 chapter.
(h)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 the compulsory education requirements as specified in Section 48200.
SEC. 3.Section 46600.2 is added to the Education Code, to read:46600.2.(a)Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following:
(1)The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
(2)The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
(3)If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
(4)That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.
(5)Applicable timelines for processing a request, including statements that the school district shall do both of the following:
(A)Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.
(B)Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
(6)The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
(b)A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
(c)Any written notice to parents regarding a school districts decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 4.Section 46601 of the Education Code is amended to read:46601.(a)A parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school districts final denial, to the county board of education.
(b)(1)Failure by the parent to appeal within the required time is good cause for rejection of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits.
(2)(A)(i)The county board of education shall, unless clause (ii) or clause (iii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(ii)Until July 1, 2023, the county board of education in a class 1 county shall, within 60 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(iii)Until July 1, 2019, the county board of education in a class 2 county shall, within 45 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(B)In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend the school district of proposed enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education 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 of educations 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 county board of education unless the parent requests a postponement.
(C)In a class 1 or class 2 county, the county board of educations 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 applies to a hearing by an 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. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of proposed enrollment.
(D)If the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of proposed enrollment, the county board of education, within 10 calendar days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The 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 of education in reaching a decision.
(4)Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 5.Section 46602 of the Education Code is amended to read:46602.(a)If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes.
(b)Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 6.Section 46603 of the Education Code is amended to read:46603.(a)(1)For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
(2)The period of provisional attendance begins on the first day of the pupils attendance in the school.
(3)If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program.
(4)Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
(b)Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of proposed enrollment for state apportionment purposes.
SEC. 7.Section 1.5 of this bill incorporates amendments to Section 46600 of the Education Code proposed by both this bill and Assembly Bill 3086. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 46600 of the Education Code, and (3) this bill is enacted after Assembly Bill 3086, in which case Section 1 of this bill shall not become operative.
(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
(2)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
SEC. 2.Section 46600.1 is added to the Education Code, to read:46600.1.For purposes of this chapter, the following terms have the following meanings:
(a)Class 1 county and class 2 county have the same meanings as defined in subdivision (e) of Section 48919.5.
(b)County board of education means the county board that has jurisdiction over the school district denying the permit.
(c)Current year request means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(d)(1)For purposes of appealing to the county board of education, a denial includes a school districts failure to provide written notification of the school districts decision within the timelines prescribed in this chapter.
(2)A denial shall not include any of the following:
(A)A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2.
(B)An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
(C)A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
(e)Future year request means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(f)Parent means the natural or adoptive parent or guardian, or the person having legal custody, which includes a or other person with educational rights as determined by a court of competent jurisdiction. rights.
(g)School district of proposed 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 chapter.
(h)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 the compulsory education requirements as specified in Section 48200.
SEC. 3.Section 46600.2 is added to the Education Code, to read:46600.2.(a)Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following:
(1)The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
(2)The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
(3)If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
(4)That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.
(5)Applicable timelines for processing a request, including statements that the school district shall do both of the following:
(A)Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.
(B)Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
(6)The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
(b)A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
(c)Any written notice to parents regarding a school districts decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 4.Section 46601 of the Education Code is amended to read:46601.(a)A parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school districts final denial, to the county board of education.
(b)(1)Failure by the parent to appeal within the required time is good cause for rejection of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits.
(2)(A)(i)The county board of education shall, unless clause (ii) or clause (iii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(ii)Until July 1, 2023, the county board of education in a class 1 county shall, within 60 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(iii)Until July 1, 2019, the county board of education in a class 2 county shall, within 45 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(B)In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend the school district of proposed enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education 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 of educations 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 county board of education unless the parent requests a postponement.
(C)In a class 1 or class 2 county, the county board of educations 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 applies to a hearing by an 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. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of proposed enrollment.
(D)If the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of proposed enrollment, the county board of education, within 10 calendar days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The 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 of education in reaching a decision.
(4)Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 5.Section 46602 of the Education Code is amended to read:46602.(a)If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes.
(b)Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 6.Section 46603 of the Education Code is amended to read:46603.(a)(1)For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
(2)The period of provisional attendance begins on the first day of the pupils attendance in the school.
(3)If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program.
(4)Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
(b)Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of proposed enrollment for state apportionment purposes.
(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
(2)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
SEC. 2.Section 46600.1 is added to the Education Code, to read:46600.1.For purposes of this chapter, the following terms have the following meanings:
(a)Class 1 county and class 2 county have the same meanings as defined in subdivision (e) of Section 48919.5.
(b)County board of education means the county board that has jurisdiction over the school district denying the permit.
(c)Current year request means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(d)(1)For purposes of appealing to the county board of education, a denial includes a school districts failure to provide written notification of the school districts decision within the timelines prescribed in this chapter.
(2)A denial shall not include any of the following:
(A)A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2.
(B)An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
(C)A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
(e)Future year request means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(f)Parent means the natural or adoptive parent or guardian, or the person having legal custody, which includes a person with educational rights including educational rights as determined by a court of competent jurisdiction.
(g)School district of proposed 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 chapter.
(h)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 the compulsory education requirements as specified in Section 48200.
SEC. 3.Section 46600.2 is added to the Education Code, to read:46600.2.(a)Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following:
(1)The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
(2)The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
(3)If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
(4)That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.
(5)Applicable timelines for processing a request, including statements that the school district shall do both of the following:
(A)Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.
(B)Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision within as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
(6)The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
(b)A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
(c)Any written notice to parents regarding a school districts decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 4.Section 46601 of the Education Code is amended to read:46601.(a)The A parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school districts final denial, to the county board of education.
(b)(1)Failure by the parent to appeal within the required time is good cause for rejection of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits.
(2)(A)(i)The county board of education shall, unless clause (ii) or clause (iii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(ii)Until July 1, 2023, the county board of education in a class 1 county shall, within 60 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(iii)Until July 1, 2019, the county board of education in a class 2 county shall, within 45 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance.
(B)In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend the school district of proposed enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education 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 of educations 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 county board of education unless the parent requests a postponement.
(C)In a class 1 or class 2 county, the county board of educations 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 applies to a hearing by an 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. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of proposed enrollment.
(D)If the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of proposed enrollment, the county board of education, within 10 calendar days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The 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 of education in reaching a decision.
(4)Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 5.Section 46602 of the Education Code is amended to read:46602.(a)If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes.
(b)Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 6.Section 46603 of the Education Code is amended to read:46603.(a)(1)For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
(2)The period of provisional attendance begins on the first day of the pupils attendance in the school.
(3)If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program.
(4)Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
(b)Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of proposed enrollment for state apportionment purposes.
(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The designee of the governing board superintendent of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
(2)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
SEC. 2.Section 46600.1 is added to the Education Code, to read:46600.1.For purposes of this chapter, the following terms have the following meanings:
(a)Class 1 county and class 2 county have the same meanings as defined in subdivision (e) of Section 48919.5.
(b)County board of education means the county board that has jurisdiction over the school district denying the permit.
(c)Current year request means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(d)(1)For purposes of appealing to the county board of education, a denial includes a school districts failure to provide written notification of the school districts decision within the timelines prescribed in this chapter.
(2)A denial shall not include any of the following:
(A)A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2.
(B)An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
(C)A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
(e)Future year request means a request for interdistrict transfer received not later than up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(f)Parent means the natural or adoptive parent or guardian or other person holding the right to make educational decisions for the pupil. guardian, or the person having legal custody, which includes a person with educational rights including educational rights as determined by a court of competent jurisdiction.
(g)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 chapter.
(h)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.
(i)School month means 30 calendar days.SEC. 3.Section 46600.2 is added to the Education Code, to read:46600.2.(a)Each school district of residence and school district of enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following:
(1)The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
(2)The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
(3)If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
(4)That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.
(5)Applicable timelines for processing a request, including statements that the school district shall do both of the following:
(A)Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.
(B)Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision within 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
(6)The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
(b)A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
(c)Any written notice to parents regarding a school districts decision on a request for interdistrict transfer shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 4.Section 46601 of the Education Code is amended to read:46601.(a)The parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school districts final denial, to the county board of education.
(b)(1)Failure to appeal within the required time is good cause for rejection of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits.
(2)(A)(i)The county board of education shall, unless clause (ii) or clause (iii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of enrollment and the applicable period of attendance.
(ii)Until July 1, 2023, the county board of education in a class 1 county shall, within 60 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of enrollment and the applicable period of attendance.
(iii)Until July 1, 2019, the county board of education in a class 2 county shall, within 45 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of enrollment and the applicable period of attendance.
(B)In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend the school district of enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education 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 of educations 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 county board of education unless the parent requests a postponement.
(C)In a class 1 or class 2 county, the county board of educations 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 applies to a hearing by an 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. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of proposed enrollment.
(D)If the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of enrollment, the county board of education, within 10 calendar days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The 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 of education in reaching a decision.
(4)Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 5.Section 46602 of the Education Code is amended to read:46602.(a)If the county board of education determines that the pupil should be permitted to attend the school district of enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes.
(b)Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 6.Section 46603 of the Education Code is amended to read:46603.(a)(1)For a period not to exceed two school months, the governing board of a school district may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
(2)The period of provisional attendance begins on the first day of the pupils attendance in the school.
(3)If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program.
(4)Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
(b)Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of enrollment for state apportionment purposes.
(a)(1)The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district that is a party to the agreement and that maintains schools and classes in kindergarten transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in kindergarten transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled, except as specified in paragraphs (2) and (4).
(2)The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked.
(3)The supervisor of attendance designee of the governing board of the school district of residence shall issue an individual permit verifying the school districts approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment.
(4)Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils entering grade 11 or 12 in the subsequent school year. after June 30 following the completion of grade 10, or for pupils in grade 11 or 12.
(b)A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the person having legal custody of the pupil, parent, be given priority for interdistrict attendance under any existing interdistrict attendance agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement. attendance.
(c)In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside.
(d)(1)Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, 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 district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.
(2)(A)For purposes of this subdivision, active military duty parent means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
(B)For purposes of this subdivision, parent means the natural or adoptive parent or guardian of a dependent child.SEC. 2.Section 46600.1 is added to the Education Code, to read:46600.1.For purposes of this chapter, the following terms have the following meanings:
(a)Class 1 county and class 2 county have the same meanings as defined in subdivision (e) of Section 48919.5.
(b)County board of education means the county board that has jurisdiction over the school district denying the permit.
(c)Current year request means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(d)(1)For purposes of appealing to the county board of education, a denial includes a school districts failure to provide written notification of the school districts decision within the timelines prescribed in this chapter.
(2)A denial shall not include any of the following:
(A)A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2.
(B)An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
(C)A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
(e)Future year request means a request for interdistrict transfer received not later than 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(f)Parent means the natural or adoptive parent or guardian or other person holding the right to make educational decisions for the pupil.
(g)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 chapter.
(h)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.
(i)School month means 30 calendar days.
SEC. 3.Section 46600.2 is added to the Education Code, to read:46600.2.(a)Each school district of residence and school district of enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following:
(1)The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
(2)The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
(3)If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
(4)That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.
(5)Applicable timelines for processing a request, including statements that the school district shall do both of the following:
(A)Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.
(B)Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision within 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
(6)The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
(b)A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
(c)Any written notice to parents regarding a school districts decision on a request for interdistrict transfer shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 4.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 school districts, fails or refuses to enter into an agreement, the school district denying the permit, or, in the absence of an agreement, the school 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 school district not later than 30 calendar days before the commencement of instruction in that term in that school district, the governing board of either school district fails to approve interdistrict attendance in that term, or, in the absence of an agreement between the school districts to permit that attendance, fails or refuses to enter an agreement, the school district denying the permit, or, in the absence of an agreement, the school district of residence, shall advise the person requesting the permit of the right to appeal to the county board of education.(c)Notifying school 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 school district of residence of the parent or legal guardian or person having legal custody. Failure(a)The parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school districts final denial, to the county board of education.
(b)(1)Failure to appeal within the required time is good cause for denial rejection of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted. exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits.
(2)(A)(i)The county board of education shall, unless clause (ii) or clause (iii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend in the school district in which the pupil desires to attend of enrollment and the applicable period of attendance.
(ii)Until July 1, 2023, the county board of education in a class 1 county shall, within 60 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend in the school district in which the pupil desires to attend of enrollment and the applicable period of attendance.
(iii)Until July 1, 2019, the county board of education in a class 2 county shall, within 45 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend in the school district in which the pupil desires to attend of enrollment and the applicable period of attendance.
(B)In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend in the school district in which the pupil desires to attend of enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education 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 of educations 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 county board of education unless the person who filed the appeal parent requests a postponement.
(C)In a class 1 or class 2 county, the county board of educations 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 applies to a hearing by an 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. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of desired attendance. proposed enrollment.
(D)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 school district in which the pupil desires to attend, of enrollment, the county board of education, within 10 calendar 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, 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 of education 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 school 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 school districts deny a permit, or refuse or fail to enter into an agreement to allow for the issuance of a permit, the county board of education having jurisdiction over the school district of residence shall have jurisdiction for purposes of an appeal and, upon granting a pupils appeal, shall seek concurrence in the decision by the county board of education of the other county that shall provide adequate opportunity for the school district under its jurisdiction to be heard on the matter before making a decision. If the two county boards of education do not then concur, the pupils appeal shall be denied.(5)(4)Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or recisions rescissions while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 5.Section 46602 of the Education Code is amended to read:46602.(a)If the county board of education determines that the pupil should be permitted to attend in the school district in which he or she desires to attend, of enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of attendance enrollment for state apportionment purposes.
(b)Written notice of the decision by the county board of education shall be delivered to the pupil and the parent or guardian, or person having custody of him or her, and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1)Regular mail.
(2)Electronic format, if the parent provides an email address.
(3)By any other method normally used to communicate with parents in writing.
SEC. 6.Section 46603 of the Education Code is amended to read:46603.(a)(1)For a period not to exceed two school months, the governing board of a school district may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the two governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
(2)The period of provisional attendance begins on the first day of the pupils attendance in the school.
(3)If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program.
(4)Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
(b)Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of attendance enrollment for state apportionment purposes.
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Date
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Status
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|---|---|
| Sep 19, 2018 | Chaptered by Secretary of State - Chapter 550, Statutes of 2018. |
| Sep 19, 2018 | Approved by the Governor. |
| Sep 7, 2018 | Enrolled and presented to the Governor at 2:30 p.m. |
| Aug 29, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 27, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77. |
| Aug 27, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 21, 2018 | Read second time. Ordered to third reading. |
| Aug 20, 2018 | Read third time and amended. Ordered to second reading. |
| Jun 21, 2018 | From Consent Calendar. |
| Jun 20, 2018 | Read second time and amended. Ordered to consent calendar. |
| Jun 19, 2018 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 7. Noes 0.) (June 13). |
| Jun 7, 2018 | Referred to Com. on ED. |
| May 25, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 17, 2018 | Read second time. Ordered to Consent Calendar. |
| May 16, 2018 | Read second time and amended. Ordered returned to second reading. |
| May 15, 2018 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 6. Noes 0.) (May 9). |
| May 2, 2018 | Re-referred to Com. on ED. |
| May 1, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 8, 2018 | Referred to Com. on ED. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2018 | AB 2826 FRIEDMAN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2018 | Assembly 3rd Reading AB2826 Friedman By Bradford | Senate Floor |
Passed |
|
| Jun 13, 2018 | Do pass as amended, and be ordered to the Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| May 25, 2018 | AB 2826 FRIEDMAN Consent Calendar Second Day | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Education |
Passed |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Los Angeles County Office Of Education | ** Support | Aug 21, 2018 |
| Orange County Department Of Education | ** Support | Aug 21, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2826
Author:(Friedman)
As Amended Ver:August 20, 2018
Majority vote
ASSEMBLY: | 70-0 | (May 25, 2018) | SENATE: | 39-0 | (August 27, 2018) |
Original Committee Reference: ED.
SUMMARY: Clarifies definitions and timelines in existing law relating to interdistrict transfers, requires school districts to post specified information on their website, requires specified notifications to parents to be in writing, and places limits on provisional enrollment.
The Senate amendments:
- Define "parent" to include a person with educational rights, as well as the natural or adoptive parent or guardian or the person having legal custody.
- Add double jointing language to avoid chaptering out issues with AB 3086 of the current legislative session.
- Other technical and clarifying amendments.
FISCAL EFFECT: This bill was keyed non-fiscal by the Legislative Counsel.
COMMENTS: This bill requires school districts to post on their Web sites information relative to the interdistrict transfer process and timelines, including statements that the school district shall do both of the following:
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- Notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought.
Existing law requires the annual notification to parents at the beginning of the school year to include a description of the procedures for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. In addition, this bill requires a school district to post on its Web site, in a readily accessible manner, the locally adopted policies, procedures, and timelines relating to interdistrict transfers.
Existing law requires the school district to advise the parent if the request is denied or the districts involved fail to enter into an agreement, but does not specify the form of that notification. This bill requires the notification to the parent of their right to appeal a denial of an interdistrict transfer request to be in writing and to conform to existing requirements for translation.
Existing law provides that, in situations where the school district of residence and the school district of proposed enrollment are in different counties, an appeal should be handled by the county board of education having jurisdiction over the school district denying a permit, or refusing or failing to enter into an interdistrict transfer agreement. However, existing law also provides that, if two school districts in different counties deny a permit or fail to enter into an agreement, the county board of education having jurisdiction must seek concurrence with the other county board of education and that if the two county boards do not agree, the appeal is to be denied. This bill removes this conflicting provision, and defines "county board of education" as the county board that has jurisdiction over the school district denying the interdistrict transfer permit.
The bill also makes other technical and clarifying changes.
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087 FN: 0004927
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2826
:
SENATE EDUCATION COMMITTEE: 7-0, 6/13/18
AYES: Allen, Wilk, Galgiani, Leyva, McGuire, Pan, Vidak
ASSEMBLY FLOOR: 70-0, 5/25/18 (Consent) - See last page for vote
SOURCE: Los Angeles County Office of Education
Orange County Department of Education
DIGEST:
This bill clarifies definitions and timelines in existing law relating to interdistrict transfers, requires school districts to post specified information on their Web site, and places limits on provisional enrollment.
Senate Floor Amendments of 8/20/18 add double-jointing language to avoid chaptering issues with AB 3086 (Kiley).
Existing law:
Residency Requirements
- Requires each person between the ages of six and 18 years to attend public school for the full length of the schoolday as designated by the governing board of the school district in which the residency of either the parent or legal guardian is located. (Education Code § 48200)
- Requires a parent or guardian of a minor between the ages of six and 16 years who removes the minor from a school district before the completion of the current school term to enroll the minor in a public full-time school of the school district to which the minor is moved. (EC § 48201)
- Provides that a student complies with the residency requirements for school attendance in a school district under specified circumstances. (EC § 48204)
- Authorizes a school district to deem a student to have complied with the residency requirements for school attendance if at least one parent or the legal guardian is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. (EC § 48204)
- Authorizes the school district of residence or the receiving school district to prohibit the transfer if the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. (EC § 48204)
- Authorizes the receiving school district to prohibit the transfer if the school district determines that the additional cost of educating the student would exceed the amount of additional state aid received as a result of the transfer. (EC § 48204)
- Provides that a student complies with the residency requirements for school attendance in a school district if he or she is a student whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. Existing law requires a school district to accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school district, and course registration. (EC § 48204.3)
Interdistrict Transfer
- Authorizes two or more school districts to enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of students to a school district other than the school district of residence. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. (EC § 46600)
- Requires that a student who has been determined by personnel of either the school district of residence or the receiving school district to have been the victim of an act of bullying committed by a student of the school district of residence to be given priority for interdistrict attendance under any existing interdistrict attendance agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement. (EC § 46600)
- Prohibits a school district of residence, regardless of whether an agreement exists or a permit is issued pursuant to this section, from denying the transfer of a student who is a child of an active military duty parent if the receiving school district approves the application for transfer. (EC § 46600)
- Provides for a process to appeal a request for an interdistrict transfer. (EC § 46601)
- Authorizes a unified school district, whose boundaries are coterminous with the boundaries of a county and is contiguous to an adjoining state, to provide for the education of all or any number of the high school students who reside in the district by the attendance of these students at the schools of an adjoining state by agreement. (EC § 46609)
This bill:
Post on Web sites
- Requires each school district of residence and school district of proposed enrollment to post on its Web site the procedures and timelines, including a link to the policy of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password.
- Requires the information posted to include but is not limited to:
- The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
- The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
- If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
- That failure of the parent to meet any timelines established by the school district to be deemed an abandonment of the request.
- Applicable timelines for processing a request, including statements that the school district shall do both of the following:
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- Notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought.
- The conditions under which an existing interdistrict transfer permit may be removed or rescinded.
- Requires a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
- Requires any written notice to parents regarding a school district’s decision to conform to the translation requirements in existing law and authorizes the written notice to be provided using any of the following methods:
- Regular mail.
- Electronic format, if the parent provides an email address.
- By any other method normally used to communicate with parents in writing.
Appeals
- Streamlines the appeal process by providing a timeline, for a parent to appeal a school district’s decision, of within 30 calendar days of the school district’s final decision, rather than providing a timeline for school districts to advise a parent of the right to appeal.
- Deletes existing provisions related to notification of the right to appeal for a parent who requested an interdistrict transfer within 14 calendar days after the beginning of instruction in a new term.
- Deletes the requirement that school districts provide specified information to people making unsuccessful requests for interdistrict transfer; this information remains in law as part of the appeal process.
- Deletes the requirement that, if the interdistrict transfer involves school districts located in different counties, the county board of education having jurisdiction over the school district denying a permit or refusing to enter into an interdistrict transfer agreement to have jurisdiction for purposes of an appeal. (See Comments)
- Clarifies that appeals may be accepted by a county office of education only upon verification that appeals within the school districts have been exhausted within the established timelines.
- Clarifies that the decision by a county board of education must be rendered within 10 calendar days of receiving the decision recommended by a hearing officer.
- Modifies the existing requirement for county boards of education to provide written notice to parents and school districts of the decision to permit a student to attend the school district of proposed enrollment to require the notice to conform to existing translation requirements, and authorizes the written notice to be provided using any of the following methods:
- Regular mail.
- Electronic format, if the parent provides an email address.
- By any other method normally used to communicate with parents in writing.
Provisional Attendance
- Provides that a student is eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
- Provides that the period of provisional attendance begins on the first day of the student’s attendance in school.
- Prohibits the student from being allowed to continue attendance if a decision has not been rendered by the conclusion of two school months, and the school districts or county board of education are still operating within the prescribed timelines. This bill clarifies that the student is subject to compulsory full-time education and must enroll in the school district of residence or in another educational program.
- Prohibits provisional attendance from guaranteeing that a school district or county board of education will approve a request for interdistrict transfer.
Miscellaneous
- Adds transitional kindergarten to the grades for which school districts have the authority to enter into interdistrict transfer agreements.
- Clarifies the prohibition against revoking a transfer permit for students entering grade 11 or 12, to prohibit such revocation after June 30 following the completion of grade 10, or for students in grade 11 or 12.
- Strengthens the existing priority for interdistrict attendance for students who have been victims of bullying by striking reference to such transfer under any existing interdistrict attendance agreement or giving consideration to the creation of an interdistrict attendance agreement.
- Modifies the process of granting of an individual permit to transfer to provide that the designee of the superintendent, rather than the supervisor of attendance, is to grant such permits.
- Clarifies that the school district in which a student desires to attend is the school district of proposed enrollment.
- Updates the definition of “parent” to include a person who holds educational rights.
- Provides the following definitions:
- “Class 1 county” and “class 2 county” as defined in current law (class 1 is a county with 1994/95 countywide average daily attendance (ADA) of more than 500,000; class 2 is a county with 1994/95 countywide ADA of at least 180,000 but less than 500,000).
- “County board of education” as the county board that has jurisdiction over the school district denying the permit.
- “Current year request” as a request for interdistrict transfer received beginning 15 calendar days before the beginning of instruction in the school year for which interdistrict transfer is sought.
- “Denial,” for purposes of appealing to the county board of education, includes a school district’s failure to provide written notification of the school district’s decision within the prescribed timelines. This bill provides the “denial” does not include any of the following:
- A request that has been deemed abandoned.
- An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
- A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
- “Future year request” as a request for interdistrict transfer received up until 15 calendar days before the beginning of instruction in the school year for which interdistrict transfer is sought.
- “School district of proposed enrollment” as a school district other than the school district in which the parent of a student resides, but in which the parent nevertheless intends to enroll the student.
- “School district of residence” as a school district in which the parent of a student resides and in which the student would otherwise be required to enroll.
- Includes double-jointing language to avoid chaptering issues with AB 3086 (Kiley).
Comments
Changes in policy. This bill requires school districts to post on their Web sites information relative to the interdistrict transfer process and timelines, including statements that the school district shall do both of the following:
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- Notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought.
Existing law requires the annual notification to parents at the beginning of the school year to include a description of the procedures for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. In addition, this bill requires a school district to post on its Web site, in a readily accessible manner, the locally adopted policies, procedures, and timelines relating to interdistrict transfers.
Existing law requires the school district to advise the parent if the request is denied or the districts involved fail to enter into an agreement, but does not specify the form of that notification. This bill requires the notification to the parent of their right to appeal a denial of an interdistrict transfer request to be in writing and to conform to existing requirements for translation.
Existing law provides that, in situations where the school district of residence and the school district of proposed enrollment are in different counties, an appeal should be handled by the county board of education having jurisdiction over the school district denying a permit, or refusing or failing to enter into an interdistrict transfer agreement. However, existing law also provides that, if two school districts in different counties deny a permit or fail to enter into an agreement, the county board of education having jurisdiction must seek concurrence with the other county board of education and that if the two county boards do not agree, the appeal is to be denied. This bill removes this conflicting provision, and defines “county board of education” as the county board that has jurisdiction over the school district denying the interdistrict transfer permit.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Los Angeles County Office of Education (co-source)
Orange County Department of Education (co-source)
OPPOSITION: (Verified 8/20/18)
ASSEMBLY FLOOR: 70-0, 5/25/18
AYES: Acosta, Aguiar-Curry, Baker, Berman, Bigelow, Bloom, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Arambula, Bonta, Brough, Levine, Mullin, Steinorth, Waldron
8/21/18 19:01:06
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2826
:
SENATE EDUCATION COMMITTEE: 7-0, 6/13/18
AYES: Allen, Wilk, Galgiani, Leyva, McGuire, Pan, Vidak
ASSEMBLY FLOOR: 70-0, 5/25/18 (Consent) - See last page for vote
SOURCE: Los Angeles County Office of Education
Orange County Department of Education
DIGEST:
This bill clarifies definitions and timelines in existing law relating to interdistrict transfers, requires school districts to post specified information on their Web site, and places limits on provisional enrollment.
Existing law:
Residency Requirements
- Requires each person between the ages of 6 and 18 years to attend public school for the full length of the schoolday as designated by the governing board of the school district in which the residency of either the parent or legal guardian is located. (Education Code § 48200)
- Requires a parent or guardian of a minor between the ages of 6 and 16 years who removes the minor from a school district before the completion of the current school term to enroll the minor in a public full-time school of the school district to which the minor is moved. (EC § 48201)
- Provides that a student complies with the residency requirements for school attendance in a school district if he or she is any of the following:
- A student placed within the boundaries of that school district in a regularly established licensed children’s institution, a licensed foster home, or a family home.
- A student who is a foster child who remains in his or her school of origin.
- A student for whom interdistrict attendance has been approved.
- An emancipated student whose residence is located within the boundaries of that school district.
- A student who lives in the home of a caregiving adult that is located within the boundaries of that school district.
- A student residing in a state hospital located within the boundaries of that school district. (EC § 48204) Existing law provides that a student with a temporary disability residing in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the parent or guardian resides is deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. (EC § 48207)
- A student whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the student at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. (EC § 48204)
- Authorizes a school district to deem a student to have complied with the residency requirements for school attendance if at least one parent or the legal guardian is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. (EC § 48204)
- Authorizes the school district of residence or the receiving school district to prohibit the transfer if the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. (EC § 48204)
- Authorizes the receiving school district to prohibit the transfer if the school district determines that the additional cost of educating the student would exceed the amount of additional state aid received as a result of the transfer. (EC § 48204)
- Provides that a student complies with the residency requirements for school attendance in a school district if he or she is a student whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. Existing law requires a school district to accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school district, and course registration. (EC § 48204.3)
Interdistrict Transfer
- Authorizes two or more school districts to enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of students to a school district other than the school district of residence. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. (EC § 46600)
- Requires that a student who has been determined by personnel of either the school district of residence or the receiving school district to have been the victim of an act of bullying committed by a student of the school district of residence to be given priority for interdistrict attendance under any existing interdistrict attendance agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement. (EC § 46600)
- Prohibits a school district of residence, regardless of whether an agreement exists or a permit is issued pursuant to this section, from denying the transfer of a student who is a child of an active military duty parent if the receiving school district approves the application for transfer. (EC § 46600)
- Provides for a process to appeal a request for an interdistrict transfer. (EC § 46601)
- Authorizes a unified school district, whose boundaries are coterminous with the boundaries of a county and is contiguous to an adjoining state, to provide for the education of all or any number of the high school students who reside in the district by the attendance of these students at the schools of an adjoining state by agreement. (EC § 46609)
This bill:
Post on Web sites
- Requires each school district of residence and school district of proposed enrollment to post on its Web site the procedures and timelines, including a link to the policy of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password.
- Requires the information posted to include but is not limited to:
- The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
- The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
- If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
- That failure of the parent to meet any timelines established by the school district to be deemed an abandonment of the request.
- Applicable timelines for processing a request, including statements that the school district shall do both of the following:
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- Notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought.
- The conditions under which an existing interdistrict transfer permit may be removed or rescinded.
- Requires a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
- Requires any written notice to parents regarding a school district’s decision to conform to the translation requirements in existing law and authorizes the written notice to be provided using any of the following methods:
- Regular mail.
- Electronic format, if the parent provides an email address.
- By any other method normally used to communicate with parents in writing.
Appeals
- Streamlines the appeal process by providing a timeline, for a parent to appeal a school district’s decision, of within 30 calendar days of the school district’s final decision, rather than providing a timeline for school districts to advise a parent of the right to appeal.
- Deletes existing provisions related to notification of the right to appeal for a parent who requested an interdistrict transfer within 14 calendar days after the beginning of instruction in a new term.
- Deletes the requirement that school districts provide specified information to people making unsuccessful requests for interdistrict transfer; this information remains in law as part of the appeal process.
- Deletes the requirement that, if the interdistrict transfer involves school districts located in different counties, the county board of education having jurisdiction over the school district denying a permit or refusing to enter into an interdistrict transfer agreement to have jurisdiction for purposes of an appeal. (See Comments)
- Clarifies that appeals may be accepted by a county office of education only upon verification that appeals within the school districts have been exhausted within the established timelines.
- Clarifies that the decision by a county board of education must be rendered within 10 calendar days of receiving the decision recommended by a hearing officer.
- Modifies the existing requirement for county boards of education to provide written notice to parents and school districts of the decision to permit a student to attend the school district of proposed enrollment to require the notice to conform to existing translation requirements, and authorizes the written notice to be provided using any of the following methods:
- Regular mail.
- Electronic format, if the parent provides an email address.
- By any other method normally used to communicate with parents in writing.
Provisional Attendance
- Provides that a student is eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
- Provides that the period of provisional attendance begins on the first day of the student’s attendance in school.
- Prohibits the student from being allowed to continue attendance if a decision has not been rendered by the conclusion of two school months, and the school districts or county board of education are still operating within the prescribed timelines. This bill clarifies that the student is subject to compulsory full-time education and must enroll in the school district of residence or in another educational program.
- Prohibits provisional attendance from guaranteeing that a school district or county board of education will approve a request for interdistrict transfer.
Miscellaneous
- Adds transitional kindergarten to the grades for which school districts have the authority to enter into interdistrict transfer agreements.
- Clarifies the prohibition against revoking a transfer permit for students entering grade 11 or 12, to prohibit such revocation after June 30 following the completion of grade 10, or for students in grade 11 or 12.
- Strengthens the existing priority for interdistrict attendance for students who have been victims of bullying by striking reference to such transfer under any existing interdistrict attendance agreement or giving consideration to the creation of an interdistrict attendance agreement.
- Modifies the process of granting of an individual permit to transfer to provide that the designee of the superintendent, rather than the supervisor of attendance, is to grant such permits.
- Clarifies that the school district in which a student desires to attend is the school district of proposed enrollment.
- Updates the definition of “parent” to include a person who holds educational rights.
- Provides the following definitions:
- “Class 1 county” and “class 2 county” as defined in current law (class 1 is a county with 1994/95 countywide average daily attendance (ADA) of more than 500,000; class 2 is a county with 1994/95 countywide ADA of at least 180,000 but less than 500,000).
- “County board of education” as the county board that has jurisdiction over the school district denying the permit.
- “Current year request” as a request for interdistrict transfer received beginning 15 calendar days before the beginning of instruction in the school year for which interdistrict transfer is sought.
- “Denial,” for purposes of appealing to the county board of education, includes a school district’s failure to provide written notification of the school district’s decision within the prescribed timelines. This bill provides the “denial” does not include any of the following:
- A request that has been deemed abandoned.
- An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
- A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
- “Future year request” as a request for interdistrict transfer received up until 15 calendar days before the beginning of instruction in the school year for which interdistrict transfer is sought.
- “School district of proposed enrollment” as a school district other than the school district in which the parent of a student resides, but in which the parent nevertheless intends to enroll the student.
- “School district of residence” as a school district in which the parent of a student resides and in which the student would otherwise be required to enroll.
Comments
Changes in policy. This bill requires school districts to post on their Web sites information relative to the interdistrict transfer process and timelines, including statements that the school district shall do both of the following:
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- Notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought.
Existing law requires the annual notification to parents at the beginning of the school year to include a description of the procedures for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. In addition, this bill requires a school district to post on its Web site, in a readily accessible manner, the locally adopted policies, procedures, and timelines relating to interdistrict transfers.
Existing law requires the school district to advise the parent if the request is denied or the districts involved fail to enter into an agreement, but does not specify the form of that notification. This bill requires the notification to the parent of their right to appeal a denial of an interdistrict transfer request to be in writing and to conform to existing requirements for translation.
Existing law provides that, in situations where the school district of residence and the school district of proposed enrollment are in different counties, an appeal should be handled by the county board of education having jurisdiction over the school district denying a permit, or refusing or failing to enter into an interdistrict transfer agreement. However, existing law also provides that, if two school districts in different counties deny a permit or fail to enter into an agreement, the county board of education having jurisdiction must seek concurrence with the other county board of education and that if the two county boards do not agree, the appeal is to be denied. This bill removes this conflicting provision, and defines “county board of education” as the county board that has jurisdiction over the school district denying the interdistrict transfer permit.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Los Angeles County Office of Education (co-source)
Orange County Department of Education (co-source)
OPPOSITION: (Verified 6/19/18)
ASSEMBLY FLOOR: 70-0, 5/25/18
AYES: Acosta, Aguiar-Curry, Baker, Berman, Bigelow, Bloom, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Arambula, Bonta, Brough, Levine, Mullin, Steinorth, Waldron
6/21/18 11:20:54
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 13, 2018
Author: | Friedman | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill clarifies definitions and timelines in existing law relating to interdistrict transfers, requires school districts to post specified information on their website, and places limits on provisional enrollment.
BACKGROUND
Existing law:
Residency requirements
- Requires each person between the ages of 6 and 18 years to attend public school for the full length of the schoolday as designated by the governing board of the school district in which the residency of either the parent or legal guardian is located. (Education Code § 48200)
- Requires a parent or guardian of a minor between the ages of 6 and 16 years who removes the minor from a school district before the completion of the current school term to enroll the minor in a public full-time school of the school district to which the minor is moved. (EC § 48201)
- Provides that a student complies with the residency requirements for school attendance in a school district if he or she is any of the following:
- A student placed within the boundaries of that school district in a regularly established licensed children’s institution, a licensed foster home, or a family home.
- A student who is a foster child who remains in his or her school of origin.
- A student for whom interdistrict attendance has been approved.
- An emancipated student whose residence is located within the boundaries of that school district.
- A student who lives in the home of a caregiving adult that is located within the boundaries of that school district.
- A student residing in a state hospital located within the boundaries of that school district. (EC § 48204) Existing law provides that a student with a temporary disability residing in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the parent or guardian resides is deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. (EC § 48207)
- A student whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the student at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week.
(EC § 48204)
- A student placed within the boundaries of that school district in a regularly established licensed children’s institution, a licensed foster home, or a family home.
- Authorizes a school district to deem a student to have complied with the residency requirements for school attendance if at least one parent or the legal guardian is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. (EC § 48204)
- Authorizes the school district of residence or the receiving school district to prohibit the transfer if the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. (EC § 48204)
- Authorizes the receiving school district to prohibit the transfer if the school district determines that the additional cost of educating the student would exceed the amount of additional state aid received as a result of the transfer. (EC § 48204)
- Provides that a student complies with the residency requirements for school attendance in a school district if he or she is a student whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. Existing law requires a school district to accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school district, and course registration. (EC § 48204.3)
Interdistrict transfer
- Authorizes two or more school districts to enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of students to a school district other than the school district of residence. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. (EC § 46600)
- Requires that a student who has been determined by personnel of either the school district of residence or the receiving school district to have been the victim of an act of bullying committed by a student of the school district of residence to be given priority for interdistrict attendance under any existing interdistrict
attendance agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement.
(EC § 46600) - Prohibits a school district of residence, regardless of whether an agreement exists or a permit is issued pursuant to this section, from denying the transfer of a student who is a child of an active military duty parent if the receiving school district approves the application for transfer. (EC § 46600)
- Provides for a process to appeal a request for an interdistrict transfer.
(EC § 46601) - Authorizes a unified school district, whose boundaries are coterminous with the boundaries of a county and is contiguous to an adjoining state, to provide for the education of all or any number of the high school students who reside in the district by the attendance of these students at the schools of an adjoining state by agreement. (EC § 46609)
ANALYSIS
This bill:
Post on websites
- Requires each school district of residence and school district of proposed enrollment to post on its website the procedures and timelines, including a link to the policy of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password.
- Requires the information posted to include but is not limited to:
- The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
- The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
- If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
- That failure of the parent to meet any timelines established by the school district to be deemed an abandonment of the request.
- Applicable timelines for processing a request, including statements that the school district shall do both of the following:
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- Notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought.
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- The conditions under which an existing interdistrict transfer permit may be removed or rescinded.
- The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
- Requires a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
- Requires any written notice to parents regarding a school district’s decision to conform to the translation requirements in existing law and authorizes the written notice to be provided using any of the following methods:
- Regular mail.
- Electronic format, if the parent provides an email address.
- By any other method normally used to communicate with parents in writing.
- Regular mail.
Appeals
- Streamlines the appeal process by providing a timeline, for a parent to appeal a school district’s decision, of within 30 calendar days of the school district’s final decision, rather than providing a timeline for school districts to advise a parent of the right to appeal.
- Deletes existing provisions related to notification of the right to appeal for a parent who requested an interdistrict transfer within 14 calendar days after the beginning of instruction in a new term.
- Deletes the requirement that school districts provide specified information to people making unsuccessful requests for interdistrict transfer; this information remains in law as part of the appeal process.
- Deletes the requirement that, if the interdistrict transfer involves school districts located in different counties, the county board of education having jurisdiction over the school district denying a permit or refusing to enter into an interdistrict transfer agreement to have jurisdiction for purposes of an appeal. (See Comment # 2)
- Clarifies that appeals may be accepted by a county office of education only upon verification that appeals within the school districts have been exhausted within the established timelines.
- Clarifies that the decision by a county board of education must be rendered within 10 calendar days of receiving the decision recommended by a hearing officer.
- Modifies the existing requirement for county boards of education to provide written notice to parents and school districts of the decision to permit a student to attend the school district of proposed enrollment to require the notice to conform to existing translation requirements, and authorizes the written notice to be provided using any of the following methods:
- Regular mail.
- Electronic format, if the parent provides an email address.
- By any other method normally used to communicate with parents in writing.
- Regular mail.
Provisional attendance
- Provides that a student is eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
- Provides that the period of provisional attendance begins on the first day of the student’s attendance in school.
- Prohibits the student from being allowed to continue attendance if a decision has not been rendered by the conclusion of two school months, and the school districts or county board of education are still operating within the prescribed timelines. This bill clarifies that the student is subject to compulsory full-time education and must enroll in the school district of residence or in another educational program.
- Prohibits provisional attendance from guaranteeing that a school district or county board of education will approve a request for interdistrict transfer.
Miscellaneous
- Adds transitional kindergarten to the grades for which school districts have the authority to enter into interdistrict transfer agreements.
- Clarifies the prohibition against revoking a transfer permit for students entering grade 11 or 12, to prohibit such revocation after June 30 following the completion of grade 10, or for students in grade 11 or 12.
- Strengthens the existing priority for interdistrict attendance for students who have been victims of bullying by striking reference to such transfer under any existing interdistrict attendance agreement or giving consideration to the creation of an interdistrict attendance agreement.
- Modifies the process of granting of an individual permit to transfer to provide that the designee of the superintendent, rather than the supervisor of attendance, is to grant such permits.
- Clarifies that the school district in which a student desires to attend is the school district of proposed enrollment.
- Updates the definition of “parent” to include a person who holds educational rights as determined by a court.
- Provides the following definitions:
- “Class 1 county” and “class 2 county” as defined in current law (class 1 is a county with 1994/95 countywide average daily attendance (ADA) of more than 500,000; class 2 is a county with 1994/95 countywide ADA of at least 180,000 but less than 500,000).
- “County board of education” as the county board that has jurisdiction over the school district denying the permit.
- “Current year request” as a request for interdistrict transfer received beginning 15 calendar days before the beginning of instruction in the school year for which interdistrict transfer is sought.
- “Denial,” for purposes of appealing to the county board of education, includes a school district’s failure to provide written notification of the school district’s decision within the prescribed timelines. This bill provides the “denial” does not include any of the following:
- A request that has been deemed abandoned.
- An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
- A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
- A request that has been deemed abandoned.
- “Future year request” as a request for interdistrict transfer received up until 15 calendar days before the beginning of instruction in the school year for which interdistrict transfer is sought.
- “School district of proposed enrollment” as a school district other than the school district in which the parent of a student resides, but in which the parent nevertheless intends to enroll the student.
- “School district of residence” as a school district in which the parent of a student resides and in which the student would otherwise be required to enroll.
- “Class 1 county” and “class 2 county” as defined in current law (class 1 is a county with 1994/95 countywide average daily attendance (ADA) of more than 500,000; class 2 is a county with 1994/95 countywide ADA of at least 180,000 but less than 500,000).
STAFF COMMENTS
- Need for this bill. According to the author, “Requests for interdistrict transfers are often time sensitive and can create anxiety for families and children who want certainty on where they can attend school. The education code sections for interdistrict transfer requests and appeals are complex with a variety of terms and timelines that are difficult to follow. The majority of transfer requests are made in the spring of each year in order for students to begin the next school year at their new school. The timelines in current statute vary between schooldays and calendar days. At the local level, districts establish procedures for processing, decision-making and for some, appeals or waitlists. County boards also see high volumes of appeals at certain times of the year. To provide more clarity in the timelines and responsibilities of districts and counties, a workgroup of practitioners began meeting in 2017. The workgroup developed definitions of terms and outlined the responsibilities of districts and counties and proposed to make them distinct in code so that it is more transparent.”
- Changes in policy. This bill requires school districts to post on their websites information relative to the interdistrict transfer process and timelines, including statements that the school district shall do both of the following:
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- Notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought.
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
Existing law requires the annual notification to parents at the beginning of the school year to include a description of the procedures for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. In addition, this bill requires a school district to post on its website, in a readily accessible manner, the locally adopted policies, procedures, and timelines relating to interdistrict transfers.
Existing law requires the school district to advise the parent if the request is denied or the districts involved fail to enter into an agreement, but does not specify the form of that notification. This bill requires the notification to the parent of their right to appeal a denial of an interdistrict transfer request to be in writing and to conform to existing requirements for translation.
Existing law provides that, in situations where the school district of residence and the school district of proposed enrollment are in different counties, an appeal should be handled by the county board of education having jurisdiction over the school district denying a permit, or refusing or failing to enter into an interdistrict transfer agreement. However, existing law also provides that, if two school districts in different counties deny a permit or fail to enter into an agreement, the county board of education having jurisdiction must seek concurrence with the other county board of education and that if the two county boards do not agree, the appeal is to be denied. This bill removes this conflicting provision, and defines “county board of education” as the county board that has jurisdiction over the school district denying the interdistrict transfer permit.
- Author’s amendment. Existing law defines “parent,” for purposes of interdistrict transfer, as the natural or adoptive parent or guardian of a dependent child. This bill modifies that definition to include “the person having legal custody, which includes a person with educational rights as determined by a court of competent jurisdiction.” The author wishes to amend this definition as follows:
On page 4, lines 39-40, and page 5 lines 1-2: “Parent” means the natural or adoptive parent or guardian,orthe person having legal custody,which includes aor other person with educational rightsas determined by a court of competent jurisdiction. - Existing school choice options. This bill relates to interdistrict transfers. Existing law provides the following public school options:
- Charter Schools. There are over 1,000 public charter schools in the state that provide instruction in any combination of grades kindergarten through grade 12. Parents, teachers, or community members may initiate a charter petition, which include the specific goals and operating procedures for the charter school. While most charter schools offer traditional, classroom-based instruction, about 20 percent offer some form of independent study, such as distance learning or home study.
- Magnet Schools. Magnet schools are designed by local authorities to attract parents, guardians, and students who are free to choose the school in which they enroll. These programs and schools are established by district governing boards that can make a wide range of choices depending upon their local needs and resources. Magnet schools and programs include those that provide unique instruction in the arts, in various sciences, and in career education. Others reflect a district strategy to achieve racial and ethnic balance. When one or more magnets are established at a particular school, students from across the district may select the magnet subject to available space.
- District of Choice (DOC) Program. This program allows a student to transfer to any district that has deemed itself a DOC and agreed to accept a specified number of transfers. DOC may not use a selective admissions process. Transfer students generally do not need the consent of their home districts.
- Interdistrict Permits. These allow a student to transfer from one district to another district provided both districts consent to the transfer and the student meets any locally determined conditions. Districts receiving these transfer students may require students to meet certain attendance and/or academic standards.
- Parental employment transfers. These allow a student to transfer into a district if at least one parent is employed within the boundaries of that district and that district has chosen to accept parental employment transfers. Transfer students generally do not need the consent of their home districts.
- The Open Enrollment Act. This option, for low-performing schools, allows a student attending a school with low performance on state tests to transfer to another school inside or outside the district that has a higher level of performance and space available. Transfer students generally do not need the consent of their home districts.
Beyond the public school options, about 7.5 percent of California students are enrolled in private schools, a proportion that has gradually dropped over the past two decades from about 10 percent.
- Related legislation. AB 1482 (Kiley, 2017) prohibited a school district of residence from denying the transfer of a student who is an English learner, eligible for a free or reduced-price meal, or a foster youth to a district of proposed enrollment if the school district of proposed enrollment approves the application for transfer. AB 1482 failed passage in the Assembly Education Committee.
AB 3086 (Kiley) prohibits a school district of residence from denying the transfer to another school for students who is homeless, in foster care, migratory, or a victim of bullying. AB 3086 is scheduled to be heard by this Committee on June 13. - Prior legislation. AB 1208 (Friedman, 2017) modified the timeframe for a school district to approve or deny a request for interdistrict attendance and the timeline for the right to appeal such a decision. AB 1208 was never heard.
AB 1482 (Kiley, 2017) prohibited a school district of residence from denying the transfer of a student who is an English learner, eligible for a free or reduced-price meal, or a foster youth (but did not contain prohibitions against discrimination or selective admissions, and specifically exempted the transfer of these students from existing requirements for interdistrict attendance agreements to stipulate the terms and conditions under which interdistrict attendance will be permitted and denied). AB 1481 failed passage in the Assembly Education Committee.
SUPPORT
Los Angeles County Office of Education (co-sponsor)
Orange County Department of Education (co-sponsor)
OPPOSITION
None received
-- END --
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 2826 (
Author:Friedman) – As Amended Ver:May 1, 2018
SUBJECT: Pupil enrollment: interdistrict attendance
SUMMARY: Clarifies definitions and timelines in existing law relating to interdistrict transfers, requires school districts to post specified information on their website, requires specified notifications to parents to be in writing, and places limits on provisional enrollment. Specifically, this bill:
- Defines a number of terms for the purposes of this chapter, including:
- “County board of education” means the county board that has jurisdiction over the school district denying the permit.
- "Current year request” means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which the interdistrict transfer is sought.
- “Future year request” means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which the interdistrict transfer is sought.
- “Denial” for the purposes of appealing to the county board of education, includes a school district’s failure to provide written notification of the school district’s decision within the prescribed timelines.
- Specifies that a “denial” does not include any of the following:
- A request that has been deemed abandoned as specified.
- An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
- A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
- “Parent” means the natural or adoptive parent or guardian, or the person having legal custody, which includes a person with educational rights including educational rights as determined by a court of competent jurisdiction.
- “School district of enrollment” means a school district other than the school district in which the parent of the pupil resides, but in which the pupil intends to enroll pursuant to these provisions.
- “School district of residence” means a school district in which the parent of the pupil resides and in which the pupil would otherwise be required to enroll.
- Requires each school district of residence and school district of enrollment to post the policy, procedures and timelines regarding requests for interdistrict transfer permits on its website in a manner that is accessible to the public without a password, including, but not limited to, the following:
- The date the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
- The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
- The process and timelines by which a denial of a request may be appealed within the school district before a final decision is reached, if applicable.
- That failure of the parent to meet any timelines established by the school district will be deemed an abandonment of the request.
- Applicable timelines for processing a request, including statements that the school district must do both of the following:
- Notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received.
- Notify a parent submitting a future year request of its final decision within 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
- The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
- Requires a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
- Requires that any written notice to parents regarding a school district’s decision on a request for interdistrict transfer comply with requirements for notices to parents in languages other than English, pursuant to EC Section 48985 and may be provided by regular mail, electronic format if the parent provides an email address, or by any other method normally used to communicate with parents in writing.
- Clarifies that an appeal is to be accepted only upon verification by the county board of education that appeals within the school districts have been exhausted within the specified timelines.
- Clarifies that, if a hearing is scheduled to consider an interdistrict transfer request, in a class one or class two county, and the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of enrollment, the county board of education must render a decision within 10 calendar days of receiving the recommended decision.
- Requires that written notice of the decision of the county board of education conform to the requirements for notices to parents in languages other than English, pursuant to Education Code Section 48985 and may be provided by regular mail, electronic format if the parent provides an email address, or by any other method normally used to communicate with parents in writing.
- Specifies that a pupil is eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
- Clarifies that the period of provisional attendance begins on the first day of the pupil’s attendance in the school.
- Clarifies that upon expiration of the two-month limit on a pupil’s provisional enrollment pending decisions on an interdistrict transfer request, the pupil must enroll in the school district of residence or another educational program, provided that the school districts and county board of education are operating within the prescribed timelines.
- Specifies that provisional attendance will not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
- Makes a number of other technical and clarifying changes.
EXISTING LAW:
- Authorizes the governing boards of two or more school districts to enter into an agreement for the interdistrict attendance of pupils who are residents of the districts; specifies if either district fails to approve the interdistrict attendance of a pupil, or in the case of the failure or refusal of the districts to enter into an agreement, the person having legal custody of the pupil may appeal to the county board of education; requires the county board of education to determine, within 30 calendar days, whether the pupil should be permitted to attend in the district in which the pupil desires; and, specifies that the county board of education shall, within 30 calendar days after the appeal is filed, 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 case of a class 1 county, this timeline is extended to 60 calendar days, and for a class 2 county, 45 calendar days. Specifies, 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. (EC 46600 & 46601)
- Defines "Class 1 county" to mean a county with 1994/95 countywide ADA of more than 500,000; and, defines "Class 2 county" to mean a county with 1994/95 countywide ADA of at least 180,000 but less than 500,000. (EC 48919.5)
- Specifies that an appeal of an interdistrict attendance decision of a school district will only be accepted by the county board of education only upon verification that all opportunities to appeal within the school district have been exhausted. (EC 46601)
- Prohibits a school district of residence from denying the transfer of a pupil who is a child of an active military duty parent to a school district of proposed enrollment if that district has approved the application for transfer. (EC 46600)
- Requires, at the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil including among other items, of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance (Education Code 48980).
FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as non-fiscal.
COMMENTS: This bill provides clarifications to existing law. In an attempt to provide greater clarity around the interdistrict transfer process, for pupils and parents, as well as school districts and county offices, this bill clarifies a number of elements of current law, including, but not limited to the following:
- Current law regarding interdistrict transfer requests includes references to “the person having legal custody of the pupil.” This bill replaces this with the term “parent” defined as the natural or adoptive parent or guardian, or the person having legal custody, which includes a person with educational rights including educational rights as determined by a court of competent jurisdiction. Committee staff recommends that this be further amended to clarify that an education rights holder only applies to a person so designated by a court.
- Defines “current year request” as a request for interdistrict transfer received within 15 days of the beginning of the school year for which enrollment is sought. This provision is contained in current law, however the language is unclear.
- Defines “future year request” as a request for interdistrict transfer received up until 15 calendar days before the beginning of the school year for which enrollment is sought. Again, this provision is in current law, however the language is unclear.
- Defines “school district of enrollment” as the school district the pupil wishes to enroll in through an interdistrict transfer permit. While this term is used in this section of the code, it is not used consistently and is not clearly defined. Committee staff recommend this be amended to “school district of proposed enrollment” for the sake of clarity and consistency within this section.
- Defines “school district of residence” as the school district in which the parent of a pupil resides and where the pupil would otherwise be enrolled. Again, this term is used inconsistently and has not been defined.
This bill also makes changes to existing law relating to interdistrict transfers, including the following:
- Defines “county board of education” for this purpose as the county board that has jurisdiction over the school district denying the interdistrict transfer permit. Current law specifies that the appeal should be handled by the county board having jurisdiction over the school district denying a permit, or refusing or failing to enter into an interdistrict transfer agreement. However, current law also specifies that if two school districts in different counties, deny a permit or fail to enter into an agreement, the county board having jurisdiction must seek concurrence with the other county and that if the two county boards do not agree, the appeal is to be denied. This provision is removed by this bill.
- Requires a school district to post on its website, in a readily accessible manner, the locally adopted policies, procedures, and timelines relating to interdistrict transfers. Existing law requires the annual notification to parents at the beginning of the school year to include a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance.
- Requires the notification to the parent of their right to appeal a denial of an interdistrict transfer request to be in writing and to conform to requirements for translation as required by current law. Existing law requires the school district to advise the parent if the request is denied or the districts involved fail to enter into an agreement, but does not specify the form of that notification.
- Current law specifies that an appeal of an interdistrict transfer request denial is to be accepted by a county office of education only upon verification that appeals within the school district have been exhausted. This bill specifies that any such district level appeals must be completed within the timelines specified.
- Specifies that written notice to the parent of the decision of the county board of education must conform to requirements in current law relating to translation and may be provided by regular mail, electronic format, or any other method normally used to communicate with parents in writing. Existing law requires such notification to be in writing, but does not directly reference the need to translate such notifications when warranted, or reference the methods of communication.
Need for the bill. According to the author, “requests for interdistrict transfers are often time sensitive and can create anxiety for families and children who want certainty on where they can attend school. The education code sections for interdistrict transfer requests and appeals are complex with a variety of terms and timelines that are difficult to follow. The majority of transfer requests are made in the spring of each year in order for students to begin the next school year at their new school. The timelines in current statute vary between schooldays and calendar days. At the local level, districts establish procedures for processing, decision-making, and for some, appeals or wait-lists. County boards also see high volumes of appeals at certain times of the year. AB 2826 clarifies that information on the procedures and timelines for decisions should be posted on district internet sites.”
Interdistrict transfers. Current law allows for various options for pupils to request an interdistrict transfer. Factors that may influence a family's decision to apply for an interdistrict transfer include, but are not limited to, divorce, loss of job, or other financial factors that force students to relocate to schools outside of their district of residence. Many parents may also seek educational opportunities for their children outside of their district of residence in order to access specialized curriculum, strong academic or extracurricular programs, or due to greater geographical convenience for the student or family members.
The interdistrict transfer provision in current law relevant to this bill is the authorization for two or more school districts to enter into an agreement for the interdistrict attendance of pupils. The agreement must include the terms and conditions under which interdistrict requests are permitted or denied, among other factors. The conditions for approval or denial of the interdistrict requests are within the discretion of the school districts entering into the agreement, other than under the following:
- A pupil who has been determined to have been the victim of bullying committed by a pupil of the school district of residence shall be given priority for interdistrict attendance.
- A school district of residence may not prohibit the transfer of a pupil who is a child of an active military duty parent.
Committee staff recommends additional amendments as follows:
- Clarify that notifications to a parent of a future year interdistrict request is to be made as soon as the district is able to approve or deny the request, but not later than 14 days after the beginning of the school year.
- Other technical and clarifying amendments.
Prior and similar legislation. SB 344 (Bradford), Chapter 461, Statutes of 2017 extends the sunset date on the extended timeline provided to county boards of education in Class 1 and Class 2 counties to determine whether a student who has filed an interdistrict appeal should be permitted to attend in the district in which the student desires to attend.
AB 1208 (Friedman) of this Session extends the timeframe for a school district to approve or deny a pupil’s request for interdistrict attendance and clarifies the timeline for the right to appeal such a decision. This bill was held in the Assembly Education Committee.
AB 1482 (Kiley) of this Session prohibits a school district of residence from denying the transfer of a pupil who is an English learner, eligible for a free or reduced-price meal, or a foster youth. This bill failed passage in the Assembly Education Committee.
AB 1851 (Bradford), Chapter 104, Statutes of 2014 extends the sunset date, from July 1, 2015 to July 1, 2018, that authorizes county boards of education, with countywide average daily attendance greater than 180,000, to determine whether a pupil who has filed an interdistrict appeal should be permitted to attend in the district in which the pupil desires to attend, within 40 schooldays.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Office of Education (Co-sponsor)
Orange County Department of Education (Co-sponsor)
Opposition
None on file
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
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