SB 344: School attendance: interdistrict attendance.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-10-03
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement for the interdistrict attendance of pupils who are residents of the school districts. Existing law provides for appeal to the county board of education if the governing board of either school district fails to approve a request within a specified time period or the governing board fails or refuses to enter into an agreement. Existing law requires the county board of education, within 30 calendar days after the appeal is filed, to determine whether the pupil should be permitted to attend the school in which the pupil desires to attend unless the county board of education is located in a class 1 or class 2 county, as defined, in which case the county board of education, until July 1, 2018, is required to make this determination within 40 schooldays.
This bill, in regard to appeals in a class 1 or class 2 county, would instead require the county board of education in a class 1 county, until July 1, 2023, to make the determination within 60 calendar days and the county board of education in a class 2 county, until July 1, 2019, to make the determination within 45 calendar days.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement for the interdistrict attendance of pupils who are residents of the school districts. Existing law provides for appeal to the county board of education if the governing board of either school district fails to approve a request within a specified time period or the governing board fails or refuses to enter into an agreement. Existing law requires the county board of education, within 30 calendar days after the appeal is filed, to determine whether the pupil should be permitted to attend the school in which the pupil desires to attend unless the county board of education is located in a class 1 or class 2 county, as defined, in which case the county board of education, until July 1, 2018, is required to make this determination within 40 schooldays.
This bill, in regard to appeals in a class 1 or class 2 county, would instead require the county board of education in a class 1 county, until July 1, 2023, to make the determination within 60 calendar days and the county board of education in a class 2 county, until July 1, 2019, to make the determination within 45 calendar days.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement for the interdistrict attendance of pupils who are residents of the school districts. Existing law provides for appeal to the county board of education if the governing board of either of school district fails to approve a request within a specified time period or the governing board fails or refuses to enter into an agreement. Existing law requires the county board of education, within 30 calendar days after the appeal is filed, to determine whether the pupil should be permitted to attend the school in which the pupil desires to attend unless the county board of education is located in a class 1 or class 2 county, as defined, in which case the county board of education, until July 1, 2018, is required to make this determination within 40 schoolday. schooldays.
This bill would delete the July 1, 2018, inoperative date and the repeal date, thereby extending the above-specified provisions applicable to class 1 and class 2 counties indefinitely. bill, in regard to appeals in a class 1 or class 2 county, would instead require the county board of education in a class 1 county, until July 1, 2023, to make the determination within 60 calendar days and the county board of education in a class 2 county, until July 1, 2019, to make the determination within 45 calendar days.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement for the interdistrict attendance of pupils who are residents of the school districts. Existing law provides for appeal to the county board of education if the governing board of either of school district fails to approve a request within a specified time period or the governing board fails or refuses to enter into an agreement. Existing law requires the county board of education, within 30 calendar days after the appeal is filed, to determine whether the pupil should be permitted to attend the school in which the pupil desires to attend unless the county board of education is located in a class 1 or class 2 county, as defined, in which case the county board of education, until July 1, 2018, is required to make this determination within 40 schoolday.
This bill would delete the July 1, 2018, inoperative date and the repeal date, thereby extending the above-specified provisions applicable to class 1 and class 2 counties indefinitely.
(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 to appeal within the required time is good cause for denial of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted. 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 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 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 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 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 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.
(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, the county board of education, within 10 days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The county supervisor of attendance, or other designee of the county superintendent of schools, shall investigate to determine whether local remedies in the matter have been exhausted and to provide any additional information deemed useful to the county board 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)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 while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 2.Section 46601 of the Education Code, as amended by Section 2 of Chapter 104 of the Statutes of 2014, is repealed.(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 to appeal within the required time is good cause for denial of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted. 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 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 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 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 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 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.
(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, the county board of education, within 10 days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The county supervisor of attendance, or other designee of the county superintendent of schools, shall investigate to determine whether local remedies in the matter have been exhausted and to provide any additional information deemed useful to the county board 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)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 while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 2.Section 46601 of the Education Code, as amended by Section 2 of Chapter 104 of the Statutes of 2014, is repealed.(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 to appeal within the required time is good cause for denial of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted. 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 and the applicable period of attendance.
(ii)The Until July 1, 2023, the county board of education in a class 1 or class 2 county shall, within 40 schooldays 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 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 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 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 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.
(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, the county board of education, within 10 days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The county supervisor of attendance, or other designee of the county superintendent of schools, shall investigate to determine whether local remedies in the matter have been exhausted and to provide any additional information deemed useful to the county board 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)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 while expulsion proceedings are pending, or during the term of the expulsion.
SEC. 2.Section 46601 of the Education Code, as amended by Section 2 of Chapter 104 of the Statutes of 2014, is repealed.(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 to appeal within the required time is good cause for denial of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted. 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) 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 and the applicable period of attendance.
(ii)The county board of education in a class 1 or class 2 county shall, within 40 schooldays 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 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 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 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.
(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, the county board of education, within 10 days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.
(3)The county supervisor of attendance, or other designee of the county superintendent of schools, shall investigate to determine whether local remedies in the matter have been exhausted and to provide any additional information deemed useful to the county board 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)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 while expulsion proceedings are pending, or during the term of the expulsion.
(d)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 2.Section 46601 of the Education Code, as amended by Section 2 of Chapter 104 of the Statutes of 2014, is repealed.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 to appeal within the required time is good cause for denial of an appeal. An appeal shall be accepted only upon verification by the county board of educations designee that appeals within the school districts have been exhausted. 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)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 school district in which the pupil desires to attend 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 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 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.(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, the county board of education, within 10 days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision.(3)The county supervisor of attendance, or other designee of the county superintendent of schools, shall investigate to determine whether local remedies in the matter have been exhausted and to provide any additional information deemed useful to the county board 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)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 while expulsion proceedings are pending, or during the term of the expulsion.(d)This section shall become operative on July 1, 2018.|
Date
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Status
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|---|---|
| Oct 3, 2017 | Chaptered by Secretary of State. Chapter 461, Statutes of 2017. |
| Oct 3, 2017 | Approved by the Governor. |
| Sep 11, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 5, 2017 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 1, 2017 | Ordered to special consent calendar. |
| Aug 31, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2017 | Read third time. Passed. Ordered to the Senate. |
| Jul 3, 2017 | Read second time. Ordered to third reading. |
| Jun 29, 2017 | Read second time and amended. Ordered to second reading. |
| Jun 28, 2017 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 21). |
| May 18, 2017 | Referred to Com. on ED. |
| Mar 30, 2017 | In Assembly. Read first time. Held at Desk. |
| Mar 30, 2017 | Read third time. Passed. (Ayes 37. Noes 0. Page 545.) Ordered to the Assembly. |
| Mar 23, 2017 | Read second time. Ordered to consent calendar. |
| Mar 22, 2017 | From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0. Page 444.) (March 22). |
| Mar 7, 2017 | Set for hearing March 22. |
| Feb 23, 2017 | Referred to Com. on ED. |
| Feb 15, 2017 | From printer. May be acted upon on or after March 17. |
| Feb 14, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 5, 2017 | Special Consent SB344 | Senate Floor |
Passed |
|
| Aug 31, 2017 | SB 344 Bradford Senate Third Reading By MCCARTY | Assembly Floor |
Passed |
|
| Jun 21, 2017 | Do pass as amended. | Assembly Standing Committee on Education |
Passed |
|
| Mar 30, 2017 | Consent Calendar 2nd SB344 | Senate Floor |
Passed |
|
| Mar 22, 2017 | Do pass and be ordered to the Consent Calendar | Senate 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
|
|---|---|---|
| alameda county board of education | ** Support | Jun 19, 2017 |
| California County Superintendents Educational Services Association | ** Support | Jun 19, 2017 |
| California School Boards Association | ** Support | Aug 31, 2017 |
| Contra Costa County Office of Education | ** Support | Jun 19, 2017 |
| Fresno County Office Of Education | ** Support | Jun 19, 2017 |
| Los Angeles County Office Of Education | ** Support | Aug 31, 2017 |
| Orange County Department Of Education | ** Support | Aug 31, 2017 |
| Riverside County Superintendents Of Schools | ** Support | Aug 31, 2017 |
| Sacramento County Office of Education | ** Support | Jun 19, 2017 |
| San Diego County Office of Education | ** Support | Jun 19, 2017 |
| Santa Clara County Office Of Education | ** Support | Jun 19, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 344
:
SENATE EDUCATION COMMITTEE: 7-0, 3/22/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE FLOOR: 37-0, 3/30/17 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Beall, Berryhill, De León
ASSEMBLY FLOOR: 75-0, 8/31/17 - See last page for vote
SOURCE: Los Angeles County Office of Education
DIGEST:
This bill 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.
Assembly Amendments:
- Require the county board of education in a Class 1 county, until July 1, 2023, to determine within 60 calendar days after the appeal is filed whether the student should be permitted to attend school in the school district in which the student desires to attend.
- Require the county board of education in a Class 2 county, until July 1, 2019, to determine within 45 calendar days after the appeal is filed whether the student should be permitted to attend school in the school district in which the student desires to attend.
Existing law:
- Provides for several means to authorize interdistrict attendance of a student who resides in one school district but wishes to attend public school in another school district. The main authorization provides for interdistrict attendance when both the district of residence and district of proposed attendance agree. (Education Code § 46600)
- Authorizes the person having legal custody of a student to appeal to the county board of education if either district fails to approve the interdistrict attendance of a student, or in the case of the failure or refusal of the districts to enter into an agreement. (EC § 46601)
- 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. (EC § 46601)
- Provides, until July 1, 2018, a timeline of within 40 schooldays after the appeal is filed within a Class 1 or Class 2 county for the county board of education to determine whether the pupil should be permitted to attend in the district in which the pupil desires to attend. (EC § 46601)
- Authorizes the county board or the county superintendent of schools to extend the time period for up to an additional five schooldays, in the event that compliance within the time requirement is impractical. (EC § 46601)
- Defines “Class 1 County” to mean a county with 1994-95 countywide average daily attendance (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 ADA. (EC § 48919.5)
This bill 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. Specifically, this bill:
- Requires the county board of education in a Class 1 county, until July 1, 2023, to determine within 60 calendar days after the appeal is filed whether the student should be permitted to attend school in the school district in which the student desires to attend.
- Requires the county board of education in a Class 2 county, until July 1, 2019, to determine within 45 calendar days after the appeal is filed whether the student should be permitted to attend school in the school district in which the student desires to attend.
- Deletes the July 1, 2018 sunset date on the on the extended timeline of 40 schooldays provided to county boards of education in a Class 1 or Class 2 county to determine whether a student who has filed an interdistrict appeal should be permitted to attend in the district in which the pupil desires to attend.
Comments
- Number of appeal cases in Los Angeles County. The following chart shows the number of interdistrict appeal cases the Los Angeles County Office of Education (LACOE) has processed since 2007-08:
2007-08 | 2008-09 | 2009-10 | 2010-11 | 2011-12 | 2012-13 | 2013-14 | 2014-15 | 2015-16 | 2016-17 | |
Processed | 198 | 199 | 481 | 554 | 696 | 1109 | 841 | 945 | 1356 | 1196 |
Heard by LACOE Board | 36 | 22 | 112 | 276 | 197 | 83 | 94 | 75 | 49 | 50 |
(Source: LACOE)
According to LACOE, the following are reasons why cases were resolved during the extended 40-schoolday deadline instead of the original 30-calendar day deadline:
- LACOE Board (Board) Meetings are scheduled the first three Tuesdays of the month. Whenever there are months with five Tuesdays, there is a two-week gap where no appeals can be heard by the Board, contributing to the delay.
- Postponement requested by the Board per Education Code Section 46601.
- Postponement requested by the Board due to an overload of other agenda items.
- Class 1 and Class 2 counties. The 2014 classification of counties shows the following counties are considered Class 1 or Class 2 counties and would qualify for the timeline extension: Alameda, Contra Costa, Fresno, Kern, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, and Santa Clara. It is unclear whether any of these counties have experienced the same type of increase in appeals that LACOE has experienced.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Los Angeles County Office of Education (source)
California School Boards Association
Orange County Department of Education
Riverside County Superintendents of Schools
OPPOSITION: (Verified 8/31/17)
None received
ASSEMBLY FLOOR: 75-0, 8/31/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, Cristina Garcia, Quirk-Silva, Ridley-Thomas
8/31/17 16:29:45
**** END ****
SENATE THIRD READING
STR Bill Id:SB 344
Author:(Bradford)
As Amended Ver:June 29, 2017
Majority vote
SENATE VOTE: 37-0
Committee | Votes | Ayes | Noes |
Education | 7-0 | O'Donnell, Chávez, Gloria, Kiley, McCarty, Thurmond, Weber |
SUMMARY: Extends the sunset date which authorizes county boards of education (COEs), with countywide average daily attendance (ADA) greater than 500,000, 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 60 calendar days, to July 1, 2023; and, extends the sunset date which authorizes county boards of education (COEs), with countywide average daily attendance (ADA) 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 45 calendar days, to July 1, 2019.
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 in a class 1 or class 2 county shall, within 40 schooldays 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. 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. (Education Code 46601)
FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: This bill extends the sunset date for the authorization of counties with ADA greater than 500,000 to decide interdistrict transfer appeal requests within 60 calendar days, and for counties with ADA over 180,000 within 45 calendar days. This deadline was extended for large counties in 2011, from 30 calendar days to 40 school days, which is the equivalent of approximately 60 calendar days.
Number of interdistrict appeals processed & heard by the LACOE board since 2006-07
Source: Los Angeles County Office of Education
Need for 60 calendar days: LACOE has stated that due to their increased interdistrict appeal workload, that they are unable to resolve the cases within the previous 30 calendar day timeline. In 2011, this deadline was extended to 40 school days, which is the equivalent of approximately 60 calendar days. In 2016-17, LACOE received 1373 appeals and resolved 1312 of those without board action. Of those 1312, LACOE processed 248 within the 30 calendar day timeline and 1064 within the 40 school day timeline.
According to LACOE, the following are reasons why cases were resolved during the extended 40 school day deadline instead of the original 30 calendar day deadline:
- LACOE Board Meetings are scheduled the first three Tuesdays of the month. Whenever there are months with five Tuesdays, there is a two-week gap where no appeals can be heard by the Board, contributing to the delay.
- Postponement requested by the Board per Education Code 46601.
- Postponement requested by the Board due to an overload of other agenda items.
Class 1 and Class 2 Counties: The following counties are considered class 1 or class 2 counties and would qualify for the timeline extension: Alameda, Fresno, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, and Santa Clara. It is unclear whether these counties have experienced the same type of increase in appeals that LACOE has experienced.
This bill authorizes an extension for deciding interdistrict appeals for both class 1 and class 2 counties. LACOE is the only class 1 county and their overwhelming increase in the number of appeals justifies the extension. The Assembly should consider whether this extension is as important for class 2 counties, since it is unclear whether those counties can demonstrate the same dramatic increase in the number of appeals they are receiving.
Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087 FN: 0001066
Date of Hearing: June 21, 2017
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SBPCA Bill Id:SB 344
Author:(Bradford) – As Introduced Ver:February 14, 2017
SENATE VOTE: 37-0
SUBJECT: School attendance: interdistrict attendance
SUMMARY: Deletes the sunset date which authorizes county boards of education (COEs), with countywide average daily attendance (ADA) 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 school days.
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 in a class 1 or class 2 county shall, within 40 schooldays 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. 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. (Education Code 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. (Education Code 48919.5)
FISCAL EFFECT: This bill is keyed non-fiscal.
COMMENTS: This bill deletes the sunset date for the authorization of counties with ADA greater than 180,000 to decide interdistrict transfer appeal requests within 40 school days. This deadline was extended for large counties in 2011, from 30 calendar days to 40 school days, which is the equivalent of approximately 60 calendar days. This bill would authorize that extension indefinitely, rather than allow the provision to sunset and require all counties to process transfer appeal requests within 30 calendar days.
According to the author, SB 344 would repeal the sunset which increased the timeline for county boards of education in class 1 and class 2 counties to determine, on appeal, whether a pupil should be permitted to attend school in the district in which the pupil desires. The Los Angeles County Office of Education (LACOE) handles more transfer appeals than any other county in the state. In 2010‐11 schoolyear, LACOE processed 584 interdistrict attendance appeals (147 appeals were processed in 2006‐07). Due to the increase in the number of interdistrict appeals heard by LACOE, it had become an increasing challenge to meet the statutory timelines established under Education Code Section 46601(b)(1). Also, at the time, due to the budget climate, school districts became reluctant to release students due to the potential loss of attendance‐based state funding. The sunset date was included in the previous bill AB 1851 (Bradford) in 2014 with the assumption that the expanded timeline would no longer be necessary after three years. Unfortunately, this has not been the case. In fact, the number of appeals has increased. In 2015‐2016, LACOE processed 1,355 appeals and it has processed 1,357 appeals so far for 2016‐2017. In the upcoming 2017‐2018 school year, the pending expiration of the District of Choice program could result in a possible increase of an estimated 2,000–3,000 additional interdistrict permit appeals to be processed by LACOE. As such, the desired legislative outcome is to eliminate the sunset date originally established in AB 1851(Bradford).
Number of interdistrict appeals processed & heard by the LACOE board since 2006-07
Source: Los Angeles County Office of Education
Need for 40 school days: LACOE has stated that due to their increased interdistrict appeal workload, that they are unable to resolve the cases within the previous 30 calendar day timeline. In 2011, this deadline was extended to 40 school days, which is the equivalent of approximately 60 calendar days. In 2016-17, LACOE received 1373 appeals and resolved 1312 of those without board action. Of those 1312, LACOE processed 248 within the 30 calendar day timeline and 1064 within the 40 school day timeline.
According to LACOE, the following are reasons why cases were resolved during the extended 40 school day deadline instead of the original 30 calendar day deadline:
- LACOE Board Meetings are scheduled the first three Tuesdays of the month. Whenever there are months with five Tuesdays, there is a two-week gap where no appeals can be heard by the Board, contributing to the delay.
- Postponement requested by the Board per Education Code 46601.
- Postponement requested by the Board due to an overload of other agenda items.
Class 1 and Class 2 Counties: The following counties are considered class 1 or class 2 counties and would qualify for the timeline extension: Alameda, Fresno, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, and Santa Clara. It is unclear whether these counties have experienced the same type of increase in appeals that LACOE has experienced.
This bill authorizes an extension for deciding interdistrict appeals for both class 1 and class 2 counties. LACOE is the only class 1 county and their overwhelming increase in the number of appeals justifies the extension. The committee should consider whether this extension is as important for class 2 counties, since it is unclear whether those counties can demonstrate the same dramatic increase in the number of appeals they are receiving.
Sunset Dates: Most sunset dates are repealed after an evaluation shows that the program is demonstrating the desired results. The committee should consider whether six years of data supports the elimination of the sunset date or whether the sunset date should be extended. When AB 1085 (Davis) was brought forward in 2011, LACOE did not provide a rationale for the deadline extension beyond the overall increase in number of appeals. At that time it was unclear whether 40 school days was the right amount of time to allow for such an appeal process. Data suggests that the extension to 40 school days (or the equivalent of 60 calendar days) is the appropriate deadline for LACOE that has experienced sustained increases in appeal applications. The committee should note that in addition to the statutory deadline, COEs have the ability to move the deadline back by 5 school days "for good cause," when a COE cannot meet the deadline.
In determining the appropriate deadline, the committee should consider the impact to students and their families when transfer appeal decisions are not made in a timely manner. Delays impact both student learning and family decisions.
Committee Amendments: Staff recommends the following amendments:
- For consistency, amend the bill to specify that class 1 counties shall make appeal decisions within "60 calendar days" instead of "40 school days" to since "calendar days" are referenced throughout the section, and extend this provision until July 1, 2023.
- Specify that class 2 counties shall make appeal decisions within "45 calendar days" instead of "40 school days" and extend this provision until July 1, 2019. The intent of the one year sunset date is to have districts and counties form a workgroup to propose clean up Education Code Section 46601, with consideration of changes proposed in AB 1208 (Friedman), and return to the Legislature with a bill proposal in 2018 if necessary.
Previous Legislation: AB 1851 (Bradford), Chapter 104, Statutes of 2014, extended the sunset date, from July 1, 2015 to July 1, 2018, that authorized county boards of education (CBEs), with countywide average daily attendance (ADA) 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.
AB 1085 (Davis), Chapter 87, Statutes of 2011, authorized county boards of education, with countywide average daily attendance (ADA) 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 school days; and, specified that it is the intent of the Legislature that school districts and county boards of education make best efforts to process interdistrict attendance appeals in an expeditious fashion.
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County Board of Education
California County Superintendents Educational Services Association
Contra Costa County Office of Education
Fresno County Office of Education
Los Angeles County Office of Education
Orange County Department of Education
Riverside County Superintendent of Schools
Sacramento County Office of Education
San Diego County Office of Education
Santa Clara County Office of Education
Opposition
None on file.
Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 344
:
SENATE EDUCATION COMMITTEE: 7-0, 3/22/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SOURCE: Los Angeles County Office of Education
DIGEST: This bill repeals the July 1, 2018, sunset date on the extended timeline provided to county boards of education in counties with an average daily attendance over 180,000 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, thereby extending this authority indefinitely.
Existing law:
- Provides for several means to authorize interdistrict attendance of a student who resides in one school district but wishes to attend public school in another school district. The main authorization provides for interdistrict attendance when both the district of residence and district of proposed attendance agree. (Education Code § 46600)
- Authorizes the person having legal custody of a student to appeal to the county board of education if either district fails to approve the interdistrict attendance of a student, or in the case of the failure or refusal of the districts to enter into an agreement. (EC § 46601)
- 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. (EC § 46601)
- Provides, until July 1, 2018, a timeline of within 40 schooldays after the appeal is filed within a Class 1 or Class 2 county for the county board of education to determine whether the pupil should be permitted to attend in the district in which the pupil desires to attend. (EC § 46601)
- Authorizes the county board or the county superintendent of schools to extend the time period for up to an additional five schooldays, in the event that compliance within the time requirement is impractical. (EC § 46601)
- Defines “Class 1 County” to mean a county with 1994-95 countywide average daily attendance (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 ADA. (EC § 48919.5)
This bill repeals the July 1, 2018, sunset date on the extended timeline provided to county boards of education with a countywide ADA greater than 180,000 to determine whether a student who has filed an interdistrict appeal should be permitted to attend in the district in which the pupil desires to attend, thereby extending this authority indefinitely.
Comments
Number of appeal cases in Los Angeles County. The following chart shows the number of interdistrict appeal cases the Los Angeles County Office of Education (LACOE) has processed since 2007-08:
2007-08 | 2008-09 | 2009-10 | 2010-11 | 2011-12 | 2012-13 | 2013-14 | 2014-15 | 2015-16 | 2016-17 | |
Processed | 198 | 199 | 481 | 554 | 696 | 1109 | 841 | 945 | 1356 | 1196 |
Heard by LACOE Board | 36 | 22 | 112 | 276 | 197 | 83 | 94 | 75 | 49 | 50 |
(Source: LACOE)
According to LACOE, the following are reasons why cases were resolved during the extended 40-schoolday deadline instead of the original 30-calendar day deadline:
- LACOE Board (Board) Meetings are scheduled the first three Tuesdays of the month. Whenever there are months with five Tuesdays, there is a two-week gap where no appeals can be heard by the Board, contributing to the delay.
- Postponement requested by the Board per Education Code Section 46601.
- Postponement requested by the Board due to an overload of other agenda items.
Class 1 and Class 2 counties. The 2014 classification of counties shows the following counties are considered Class 1 or Class 2 counties and would qualify for the timeline extension: Alameda, Contra Costa, Fresno, Kern, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, and Santa Clara. It is unclear whether any of these counties have experienced the same type of increase in appeals that LACOE has experienced.
Related/Prior Legislation
AB 1208 (Friedman, 2017) requires the governing board of a school district to approve or deny a request for interdistrict attendance within 30 business days of receipt of the request from the person having legal custody of the pupil, deletes reference to refusal or failure to issue the permit or refusal or failure to enter into an agreement allowing the transfer, and modifies the timelines from 30 calendar days to 30 business days. AB 1208 is pending in the Assembly Education Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Los Angeles County Office of Education (source)
Orange County Department of Education
Riverside County Superintendent of Schools
OPPOSITION: (Verified 3/22/17)
None received
3/24/17 13:14:13
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: SB 344 Hearing Date: March 22, 2017
Author: | |||
Version: | February 14, 2017 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Lynn Lorber | ||
Subject: School attendance: interdistrict attendance
SUMMARY
This bill repeals the July 1, 2018, sunset date on the extended timeline provided to
county boards of education in counties with an average daily attendance over 180,000 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, thereby extending this authority indefinitely.
BACKGROUND
Existing law:
- Provides for several means to authorize interdistrict attendance of a student who resides in one school district but wishes to attend public school in another school district. The main authorization provides for interdistrict attendance when both the district of residence and district of proposed attendance agree.
(Education Code § 46600) - Authorizes the person having legal custody of a student to appeal to the county board of education if either district fails to approve the interdistrict attendance of a student, or in the case of the failure or refusal of the districts to enter into an agreement. (EC § 46601)
- 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. (EC § 46601)
- Until July 1, 2018, provides a timeline of within 40 schooldays after the appeal is filed within a Class 1 or Class 2 county for the county board of education to determine whether the pupil should be permitted to attend in the district in which the pupil desires to attend. (EC § 46601)
- Authorizes the county board or the county superintendent of schools to extend the time period for up to an additional five schooldays, in the event that compliance within the time requirement is impractical. (EC § 46601)
- Defines “Class 1 County” to mean a county with 1994-95 countywide average daily attendance (ADA) of more than 500,000; and defines “Class 2 county” to mean a county with 1994-95 countywide average daily attendance of at least 180,000 but less than 500,000 ADA. (EC § 48919.5)
ANALYSIS
This bill repeals the July 1, 2018, sunset date on the extended timeline provided to county boards of education with a countywide average daily attendance greater than 180,000 to determine whether a student who has filed an interdistrict appeal should be permitted to attend in the district in which the pupil desires to attend, thereby extending this authority indefinitely.
STAFF COMMENTS
- Need for the bill. According to the author, “the Los Angeles County Office of Education (LACOE) handles more transfer appeals than any other county in the state. In 2006-07, LACOE processed 147 appeals, and in 2010-11, processed 554 appeals. Due to the increase in the number of interdistrict appeals heard by LACOE, it had become an increasing challenge to meet the statutory timelines established in statute. Also, at the time, due to the budget climate, school districts became reluctant to release students due to the potential loss of attendance-based state funding. The sunset date was included in legislation in 2014, with the assumption that the expanded timeline would no longer be necessary after three years. Unfortunately, this has not been the case. In fact, the number of appeals has increased.”
- Number of appeal cases in Los Angeles County. The following chart shows the number of interdistrict appeal cases the LACOE has processed since
2007-08:
2007-08 | 2008-09 | 2009-10 | 2010-11 | 2011-12 | 2012-13 | 2013-14 | 2014-15 | 2015-16 | 2016-17 | |
Processed | 198 | 199 | 481 | 554 | 696 | 1109 | 841 | 945 | 1356 | 1196 |
Heard by Board | 36 | 22 | 112 | 276 | 197 | 83 | 94 | 75 | 49 | 50 |
(Source: LACOE)
- Thirty calendar days vs 40 schooldays: According to data for 2012-14, provided by LACOE, they decided the vast majority of appeals prior to action by the county board of education and within the 30 calendar day timeline. The extended 40 schoolday timeline was utilized much more often when the county board of education resolved the appeals.
2012-13 | 2013-14 | |
Total number of interdistrict transfers requested | 1109 | 841 |
Total number of appeals resolved prior to Board action | 1026 | 747 |
| 1015 | 726 |
| 11 | 21 |
Total number of appeals resolved by Board action | 83 | 94 |
| 52 | 42 |
| 31 | 52 |
(Source: LACOE)
According to the Los Angeles County Office of Education (LACOE), the following are reasons why cases were resolved during the extended 40-schoolday deadline instead of the original 30 calendar day deadline:
- LACOE Board (Board) Meetings are scheduled the first three Tuesdays of the month. Whenever there are months with five Tuesdays, there is a two-week gap where no appeals can be heard by the Board, contributing to the delay.
- Postponement requested by the Board per Education Code Section 46601.
- Postponement requested by the Board due to an overload of other agenda items.
- Class 1 and Class 2 Counties. The 2014 classification of counties shows the following counties are considered Class 1 or Class 2 counties and would qualify for the timeline extension: Alameda, Contra Costa, Fresno, Kern, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, and Santa Clara. It is unclear whether any of these counties have experienced the same type of increase in appeals that LACOE has experienced.
- Should the sunset be extended rather than eliminated? According to data provided by LACOE, the number of interdistrict appeals in Los Angeles County has remained over 600 appeals per year since the 2011-12 school year and has been over 1,000 for the past two years. There is no apparent indication that
there will be a significant decrease in the number of appeals in the foreseeable future, and therefore, it may be reasonable to repeal the sunset and extend the 40 schoolday timeline indefinitely. - Related legislation. AB 1208 (Friedman) requires the governing board of a school district to approve or deny a request for interdistrict attendance within 30 business days of receipt of the request from the person having legal custody of the pupil, deletes reference to refusal or failure to issue the permit or refusal or failure to enter into an agreement allowing the transfer, and modifies the timelines from 30 calendar days to 30 business days. AB 1208 is pending in the Assembly Education Committee.
SUPPORT
Los Angeles County Office of Education (sponsor)
Orange County Department of Education
Riverside County Superintendent of Schools
OPPOSITION
None received
-- END --
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