SB 413: School attendance: interdistrict attendance.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State. Chapter 606, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill lets county boards of education in class 1 or class 2 counties take up to 60 calendar days (instead of 30) to decide parents’ appeals when a request to attend school in another district is denied. The extra time can be used for delays like late responses, scheduling conflicts, a parent’s request to postpone, or when the receiving district has closed applications; counties may also add up to five more schooldays for good cause and use a hearing officer or impartial panel to hear the appeal.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
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. Under existing law, a parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the school districts final denial, to the county board of education. 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 district of proposed enrollment and the applicable period of attendance.
This bill would authorize a county board of education in a class 1 or class 2 county to, in certain circumstances, extend the time period to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance to up to 60 calendar days after the appeal is filed, as provided.
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. Under existing law, a parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the school districts final denial, to the county board of education. 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 district of proposed enrollment and the applicable period of attendance.
This bill would authorize a county board of education in a class 1 or class 2 county to, in certain circumstances, extend the time period to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance to up to 60 calendar days after the appeal is filed, as provided.
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. Under existing law, a parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the school districts final denial, to the county board of education. 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 county, as defined, in which case the county board of education, until July 1, 2023, is instead required to make this determination within 60 calendar days. attend.
This bill would indefinitely extend the provision requiring the county board of education in a class 1 county to instead make the determination within 60 calendar days.Existing law requires, until July 1, 2019, the county board of education in a class 2 county, as defined, to make the determination described above within 45 calendar days after the appeal is filed.This bill would indefinitely extend this provision requiring the county board of education in a class 2 county to instead make the determination within 45 calendar days.This bill would authorize a county board of education in a class 1 or class 2 county to, in certain circumstances, extend the time period to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance to up to 60 calendar days after the appeal is filed, as provided.
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. Under existing law law, a parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the school districts final denial, to the county board of education. 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 county, as defined, in which case the county board of education, until July 1, 2023, is instead required to make this determination within 60 calendar days.
This bill would indefinitely extend the provision requiring the county board of education in a class 1 county to instead make the determination within 60 calendar days.
Existing law requires, until July 1, 2019, the county board of education in a class 2 county, as defined, to make the determination described above within 45 calendar days after the appeal is filed.
This bill would delete this obsolete provision. indefinitely extend this provision requiring the county board of education in a class 2 county to instead 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. Under existing law a parent may appeal a school districts decision regarding a request for interdistrict transfer, within 30 calendar days of the school districts final denial, to the county board of education. 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 county, as defined, in which case the county board of education, until July 1, 2023, is instead required to make this determination within 60 calendar days.
This bill would indefinitely extend the provision requiring the county board of education in a class 1 county to instead make the determination within 60 calendar days.
Existing law requires, until July 1, 2019, the county board of education in a class 2 county, as defined, to make the determination described above within 45 calendar days after the appeal is filed.
This bill would delete this obsolete provision.
(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) 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)The county board of education in a class 1 or class 2 county may extend the time period to up to 60 calendar days after the appeal is filed to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance, if one or more of the following circumstances apply:(I)A delay in response by the parent, guardian, educational rights holder, or school district.(II)A delay due to incompatible availability for the factfinding hearing of the parent, guardian, educational rights holder, or school district.(III)A request to delay a factfinding hearing or board hearing by the parent, guardian, or educational rights holder, or an inability of the parent, guardian, or educational rights holder to attend a factfinding hearing or board hearing.(IV)A school district has closed their annual application window and is no longer accepting permit applications for the remainder of the current or future school year.(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.
(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) 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)The county board of education in a class 1 or class 2 county may extend the time period to up to 60 calendar days after the appeal is filed to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance, if one or more of the following circumstances apply:(I)A delay in response by the parent, guardian, educational rights holder, or school district.(II)A delay due to incompatible availability for the factfinding hearing of the parent, guardian, educational rights holder, or school district.(III)A request to delay a factfinding hearing or board hearing by the parent, guardian, or educational rights holder, or an inability of the parent, guardian, or educational rights holder to attend a factfinding hearing or board hearing.(IV)A school district has closed their annual application window and is no longer accepting permit applications for the remainder of the current or future school year.(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.
(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 (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)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)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.(ii)The county board of education in a class 1 or class 2 county may extend the time period to up to 60 calendar days after the appeal is filed to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance, if one or more of the following circumstances apply:(I)A delay in response by the parent, guardian, educational rights holder, or school district.(II)A delay due to incompatible availability for the factfinding hearing of the parent, guardian, educational rights holder, or school district.(III)A request to delay a factfinding hearing or board hearing by the parent, guardian, or educational rights holder, or an inability of the parent, guardian, or educational rights holder to attend a factfinding hearing or board hearing.(IV)A school district has closed their annual application window and is no longer accepting permit applications for the remainder of the current or future school year.(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.
(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 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.
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Date
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Status
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|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State. Chapter 606, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 7, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 1, 2023 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2240.) Ordered to engrossing and enrolling. |
| Aug 29, 2023 | Ordered to special consent calendar. |
| Aug 24, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 24, 2023 | Read third time. Passed. (Ayes 73. Noes 0. Page 2801.) Ordered to the Senate. |
| Aug 15, 2023 | Read second time. Ordered to consent calendar. |
| Aug 14, 2023 | Read second time and amended. Ordered to second reading. |
| Jul 13, 2023 | From committee: Do pass as amended. Ordered to consent calendar. (Ayes 7. Noes 0.) (July 12). |
| Jun 22, 2023 | June 28 hearing postponed by committee. |
| May 4, 2023 | Referred to Com. on ED. |
| Apr 17, 2023 | In Assembly. Read first time. Held at Desk. |
| Apr 13, 2023 | Read third time. Passed. (Ayes 36. Noes 0. Page 699.) Ordered to the Assembly. |
| Mar 30, 2023 | Read second time. Ordered to consent calendar. |
| Mar 29, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0. Page 570.) (March 29). |
| Mar 23, 2023 | Set for hearing March 29. |
| Mar 22, 2023 | Set for hearing April 12. |
| Mar 22, 2023 | April 12 hearing postponed by committee. |
| Mar 21, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Mar 14, 2023 | March 22 set for first hearing canceled at the request of author. |
| Mar 2, 2023 | Set for hearing March 22. |
| Feb 22, 2023 | Referred to Com. on ED. |
| Feb 10, 2023 | From printer. May be acted upon on or after March 12. |
| Feb 9, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 1, 2023 | Special Consent SB413 Bradford | Senate Floor |
Passed |
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| Aug 24, 2023 | SB 413 Bradford Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jul 12, 2023 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Education |
Passed |
|
| Apr 13, 2023 | Consent Calendar SB413 Bradford | Senate Floor |
Passed |
|
| Mar 29, 2023 | 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.
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Organization
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Position
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Date
|
|---|---|---|
| Alameda County Office Of Education | ** Support | |
| California County Superintendents | ** Support | |
| Contra Costa County Office of Education | ** Support | |
| Kern County Superintendent Of Schools | ** Support | |
| Los Angeles County Office Of Education | ** Support | |
| Office of the Riverside County Superintendent of Schools | ** Support | |
| Orange County Department Of Education | ** Support | |
| Sacramento County Office of Education | ** Support | |
| San Bernardino County Superintendent Of Schools | ** Support | |
| San Diego County Office of Education | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 413 |
UNFINISHED BUSINESS
Bill No: SB 413
Author: Bradford (D)
Amended: 8/14/23
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/29/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE FLOOR: 36-0, 4/13/23 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Blakespear, Caballero, Roth, Stern
ASSEMBLY FLOOR: 73-0, 8/24/23 (Consent) - See last page for vote
SUBJECT: School attendance: interdistrict attendance
SOURCE: Los Angeles County Office of Education
DIGEST:
This bill requires county boards of education (CBE) to decide interdistrict appeals within 30 calendar days and authorizes a class 1 and 2 CBE counties to decide interdistrict appeals within 60 calendar days in specific instances that involve delays and scheduling conflicts initiated by the parent or home school district; and in cases where the application was filed outside the home school district transfer window.
Assembly Amendments:
- Require all CBEs to decide interdistrict appeals within 30 calendar days.
- Authorizes class 1 and class 2 counties to decide interdistrict appeals within 60 calendar days in specific instances that involve delays and scheduling conflicts initiated by the parent or home school district; and in cases where the application was filed outside the home school district transfer window.
ANALYSIS:
Existing law:
- Provides for a process to appeal a request for an interdistrict transfer. (Education Code (EC) § 46601)
- Provides, until July 1, 2023, a timeline of 60 calendar days after the appeal is filed within a class 1 CBE, and 45 calendar days until July 1, 2019, for a class 2 CBE, or the CBE to determine whether the pupil should be permitted to attend in the district in which the pupil desires to attend. (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)
- 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)
- 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 requires CBE to decide interdistrict appeals within 30 calendar days and authorizes a class 1 and 2 CBE counties to decide interdistrict appeals within 60 calendar days in specific instances that involve delays and scheduling conflicts initiated by the parent or home school district; and in cases where the application was filed outside the home school district transfer window.
Comments
- Need for the bill. According to the author, “SB 413 builds off a previous bi-partisan measure that extended the time for county boards of education to process interdistrict transfer appeals. This bill will provide parents/guardians more time to prepare for the complex and often stressful appeals process they face when seeking to transfer their children to a different school district, while providing county boards more flexibility in processing every case (which involves preliminary hearings, fact-finding sessions, and policy review).”
- Extending Timeline to Consider Interdistrict Transfer Appeals. Typically a CBE has 30 calendar days after an interdistrict transfer appeal has been filed to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance, with the exception of CBE with a class 1 or 2 status.
Pursuant to EC Section 48919.5, a “class 1” county is a county with a 1994-95 countywide ADA of more than 500,000 while a “class 2”county is a county with 1994-95 countywide ADA of at least 180,000 but less than 500,000 ADA. Currently, Los Angeles County Office of Education (LACOE) is the only county office of education that has retained their class 1 status. Meanwhile, Alameda, Contra Costa, Fresno, Kern, Orange, Riverside, Sacramento, San Bernardino, San Diego, and Santa Clara have a class 2 status.
The previous iteration of this bill, SB 344 (Bradford, Chapter 461, Statutes of 2018), extended the sunset date: for class 1 CBE’s the timeline to review interdistrict transfer appeals increased from 40 to 60 days until July 1, 2023, and increased from 40 to 45 days for class 2 CBE until July 1, 2019.
- Number of appeal cases in Los Angeles County. According to the sponsor, LACOE handles more transfer appeals than any other county in the state and continues to experience a heavy volume of interdistrict appeals. LACOE processed over 1,400 interdistrict appeals in the 2019-2020 school year, over 1,100 in each of the 2020-2021 and 2021-2022 school years, and nearly 1,000 in 2022-2023. Currently, LACOE has handled 993 interdistrict appeals in the 2022-23 school year and eight so far for the 2023-24 school year.
Interdistrict Permit Appeals Received | Interdistrict Permit Appeals Disposition | ||||
School Year | Received | School Year | Description | Total | |
2022-23 | 993 | 2022-23 | Abandoned by Parent | 14 | |
2023-24 | 8 | 2022-23 | Closed | 8 | |
2022-23 | Deemed Abandoned | 81 | |||
2022-23 | Denied by Board | 4 | |||
2022-23 | District Released | 637 | |||
2022-23 | Granted by Board | 58 | |||
2022-23 | No Jurisdiction | 101 | |||
2022-23 | Parent Withdrawal | 65 | |||
2022-23 | Open | 15 | |||
2022-23 | Untimely Filed | 10 | |||
School Year | 2019-2020 | 2020-2021 | 2021-2022 |
Processed | 1407 | 1100 | 1094 |
Heard by Board | 36 | 22 | 112 |
Source: LACOE | |||
Related/Prior Legislation
SB 344 (Bradford, Chapter 461, Statutes of 2017) extended the sunset date on the extended timeline provided to county boards of education in class 1 and cass 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 1851 (Bradford, Chapter 104, Statutes of 2014) extended the sunset date, from July 1, 2015, to July 1, 2018, that authorizes CBEs, with countywide 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 CBEs, with countywide 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; and, specified that it is the intent of the Legislature that school districts and CBEs make best efforts to process interdistrict attendance appeals in an expeditious fashion. This authorization sunset on July 1, 2015.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
Los Angeles County Office of Education (source)
Alameda County Office of Education
California County Superintendents
Contra Costa County Office of Education
Kern County Superintendent of Schools
Office of the Riverside County Superintendent of Schools
Orange County Department of Education
Sacramento County Office of Education
San Bernardino County Superintendent of Schools
San Diego County Office of Education
OPPOSITION: (Verified 8/25/23)
None received
ARGUMENTS IN SUPPORT: According to the Los Angeles County Office of Education, “On behalf of the educational organizations listed above, we are pleased to support SB 413 (Bradford) related to Interdistrict Attendance and timeline for appeals. This measure has two important components: it would repeal the sunset in Education Code Section 46601(b)(1), which increased the timeline for the class 1 county board of education to determine on appeal, whether a pupil should be permitted to attend school in the district in which the pupil desires; and it would provide 45 calendar days to class 2 county boards of education to process these appeals. The sunset was included in the previous bill, SB 344 (Chapter 461, Statutes of 2017), with the assumption that the extended timeline would no longer be necessary after the sunset. Unfortunately, this has not been the case and the number of interdistrict attendance appeals has continued to increase. Appeals have also increased in many class 2 counties. The extended timeline is good policy and a practical step. It will provide parents/guardians more time to prepare for the complex and oftentimes stressful appeals process they face when seeking to transfer their children to a different school district, while providing county boards more flexibility in processing every case, which involve preliminary hearings, fact-finding sessions, and policy reviews.”
ASSEMBLY FLOOR: 73-0, 8/24/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Bonta, Gallagher, Garcia, Jones-Sawyer, Maienschein, McKinnor, Ward
Prepared by: Kordell Hampton / ED. / (916) 651-4105
8/25/23 13:38:47
**** END ****
Date of Hearing: July 12, 2023
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
SBPCA Bill Id:SB 413
Author:(Bradford) – As Amended Ver:March 21, 2023
SENATE VOTE: 36-0
SUBJECT: School attendance: interdistrict attendance
SUMMARY: Permanently extends the authorization for county boards of education (CBEs) to make student interdistrict transfer appeal decisions within 60 days, instead of 30 days, for class 1 CBEs; and permanently re-establishes this timeline extension to 45 days, instead of 30 days, for class 2 CBEs. Specifically, this bill:
- Deletes the July 1, 2023 sunset date for class 1 CBEs to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance within 60 days, instead of 30 days, making it permanent.
- Re-establishes the authorization for a class 2 CBE to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance within 45 calendar days, instead of 30 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; and 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 CBE. (Education Code (EC) 46601)
- Requires the CBE to determine, within 30 calendar days, whether the pupil should be permitted to attend in the district in which the pupil desires; authorizes until July 1, 2023, requires a class 1 CBE to make this determination within 60 calendar days; and authorizes until July 1, 2019 a class 2 CBE to make this determination within 45 calendar days. (EC 46601)
- Specifies, in the event that compliance by the CBE 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 CBE or the county superintendent of schools, for good cause, may extend the time period for up to an additional five school days. (EC 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)
FISCAL EFFECT: This bill is keyed non-fiscal by the Office of Legislative Counsel.
COMMENTS:
Need for the bill. According to the author, “SB 413 builds off a previous bi-partisan measure that extended the time for county boards of education to process interdistrict transfer appeals. This bill will provide parents/guardians more time to prepare for the complex and often stressful appeals process they face when seeking to transfer their children to a different school district, while providing county boards more flexibility in processing every case (which involves preliminary hearings, fact-finding sessions, and policy review).”
Class 1 and class 2 counties. Los Angeles County Office of Education (LACOE) is the only class 1 county. The following counties are considered class 2 counties and would qualify for the timeline extension: Alameda, Fresno, 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 provides a permanent extension for deciding interdistrict appeals for both class 1 and class 2 counties.
History of statutory interdistrict transfer appeal timelines.
- Prior to 2011 – All CBEs had 30 calendar days to decide interdistrict transfer appeal decisions.
- 2011-2018 – Class 1 and class 2 CBEs had 40 school days (approximately 60 calendar days) to decide interdistrict transfer appeal decisions. The sunset date for this authorization was extended once from 2015 to 2018. All other CBEs had 30 calendar days to decide interdistrict transfer appeal decisions.
- 2018 to present – Until 2019, class 2 CBEs had 45 calendar days to decide interdistrict transfer appeal decisions. Until 2023, class 1 CBEs (only LACOE) has 60 calendar days to decide interdistrict transfer appeal decisions. All other CBEs have 30 calendar days to decide interdistrict transfer appeal decisions.
Sunset Dates. Most sunset dates are repealed after an evaluation shows that the program is demonstrating the desired results. When AB 1085 (Davis) was brought forward in 2011, LACOE’s rationale for the deadline extension was the overall increase in the number of appeals. When SB 344 (Bradford) was brought forward in 2017, it was evident that LACOE’s increased case load was not a temporary situation and the bill provided an additional short term extension of the sunset date to allow for a 60 day decision timeline. In 2017, the intent of this Committee was to provide one final sunset extension to allow LACOE enough time to hire staff to compensate for the increased caseload so that families could return to having their appeal decisions made within 30 days. The Committee may wish to 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. Should students and families be made to wait longer for an appeal decision, when the issue is a staffing problem?
LACOE indicates that most interdistrict appeal cases that take longer than 30 days involves delays due to parent request or parent availability. The Committee may wish to consider limiting the longer decision timeline to cases that involve parent delays.
LACOE interdistrict appeal caseload. The chart below details the increased caseload experienced by LACOE since 2006-07. Caseloads have steadily risen from approximately 200 per year in 2006-07 to 1,100 in the last two school years, with a peak of 1,400 just prior to the COVID-19 pandemic. Timelines for LACOE to finalize appeal decisions was initially extended due to the increase. Over the last decade, the number of appeals has stabilized at the new level and has roughly averaged 1,100 cases per year.
Source: Los Angeles County Office of Education
Arguments in support. The Los Angeles County Office of Education states, “The extended timeline is good policy and a practical step. It will provide parents/guardians more time to prepare for the complex and oftentimes stressful appeals process they face when seeking to transfer their children to a different school district, while providing county boards more flexibility in processing every case, which involve preliminary hearings, fact-finding sessions, and policy reviews.”
Recommended Committee Amendments. Staff recommends the bill be amended as follows:
- Require all CBEs to decide interdistrict appeals within 30 calendar days.
- Authorizes class 1 and class 2 counties to decide interdistrict appeals within 60 calendar days in specific instances that involve delays and scheduling conflicts initiated by the parent or home school district; and in cases where the application was filed outside the home school district transfer window.
Related 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 CBEs 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 1851 (Bradford) Chapter 104, Statutes of 2014, extends the sunset date, from July 1, 2015 to July 1, 2018, on the authorization for CBEs with countywide 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 2011, authorizes CBEs with countywide 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; and, states that it is the intent of the Legislature that school districts and CBEs make best efforts to process interdistrict attendance appeals in an expeditious fashion. This authorization sunset as of July 1, 2015.
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County Office of Education
California County Superintendents
Contra Costa County Office of Education
Kern County Superintendent of Schools
Los Angeles County Office of Education
Office of The Riverside County Superintendent of Schools
Orange County Department of Education
Sacramento County Office of Education
San Bernardino County Superintendent of Schools
San Diego County Office of Education
Opposition
None on file
Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 413 |
CONSENT
Bill No: SB 413
Author: Bradford (D)
Amended: 3/21/23
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/29/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SUBJECT: School attendance: interdistrict attendance
SOURCE: Los Angeles County Office of Education
DIGEST:
This bill removes the July 1, 2023, sunset date to permanently allow (1) a county board of education (CBE) in Class 1 counties to determine, within 60 calendar days after a parent files an interdistrict transfer appeal, whether the pupil should be permitted to attend the school district of proposed enrollment and (2) the applicable period of attendance and 45 calendar day for a Class 2 CBE.
ANALYSIS:
Existing law:
- Provides for a process to appeal a request for an interdistrict transfer. (EDC § 46601)
- Provides, until July 1, 2023, a timeline of 60 calendar days after the appeal is filed within a Class 1 CBE, and 45 calendar days until July 1, 2019 for a Class 2 CBE, or 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. (EDC § 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. (EDC § 48919.5)
- 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. (EDC § 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. (EDC § 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. (EDC § 46600)
- 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. (EDC § 46609)
This bill removes the July 1, 2023, sunset date to permanently allow (1) a CBE in Class 1 counties to determine, within 60 calendar days after a parent files an interdistrict transfer appeal, whether the pupil should be permitted to attend the school district of proposed enrollment and (2) the applicable period of attendance and 45 calendar day for a Class 2 CBE.
Comments
- Need for the bill. According to the author, “SB 413 builds off a previous bi-partisan measure that extended the time for county boards of education to process interdistrict transfer appeals. This bill will provide parents/guardians more time to prepare for the complex and often stressful appeals process they face when seeking to transfer their children to a different school district, while providing county boards more flexibility in processing every case (which involves preliminary hearings, fact-finding sessions, and policy review).”
- Extending Timeline to Consider Interdistrict Transfer Appeals. Typically a CBE has 30 calendar days after a interdistrict transfer appeal has been filed to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance, with the exception of CBE with a Class 1 or 2 status.
Pursuant to EDC 48919.5, a “Class 1” county is a county with a 1994-95 countywide ADA of more than 500,000 while a “Class 2”county is a county with 1994-95 countywide ADA of at least 180,000 but less than 500,000 ADA. Currently, Los Angeles County office of Education (LACOE) is the only County Office of Education (COE) that has retained their Class 1 status. Meanwhile, Alameda, Contra Costa, Fresno, Kern, Orange, Riverside, Sacramento, San Bernardino, San Diego, and Santa Clara have a Class 2 status.
The previous iteration of this bill, SB 344 (Bradford) Chapter 461, Statute of 2018, extended the sunset date: For Class 1 CBE’s the timeline to review interdistrict transfer appeals increased from 40 to 60 days until July 1, 2023, and increased from 40 to 45 days for Class 2 CBE until July 1, 2019.
- Number of appeal cases in Los Angeles County. According to the sponsor, LACOE handles more transfer appeals than any other county in the state and continues to experience a heavy volume of interdistrict appeals. LACOE processed over 1,400 interdistrict appeals in the 2019-2020 school year, over 1,100 in each of the 2020-2021 and 2021-2022 school years, and nearly 1,000 in 2022-2023. Currently, LACOE has handled 993 interdistrict appeals in the 2022-23 school year and 8 so far for the 2023-24 school year.
Interdistrict Permit Appeals Received | Interdistrict Permit Appeals Disposition | ||||
School Year | Received | School Year | Description | Total | |
2022-23 | 993 | 2022-23 | Abandoned by Parent | 14 | |
2023-24 | 8 | 2022-23 | Closed | 8 | |
2022-23 | Deemed Abandoned | 81 | |||
2022-23 | Denied by Board | 4 | |||
2022-23 | District Released | 637 | |||
2022-23 | Granted by Board | 58 | |||
2022-23 | No Jurisdiction | 101 | |||
2022-23 | Parent Withdrawal | 65 | |||
2022-23 | Open | 15 | |||
2022-23 | Untimely Filed | 10 | |||
School Year | 2019-2020 | 2020-2021 | 2021-2022 |
Processed | 1407 | 1100 | 1094 |
Heard by Board | 36 | 22 | 112 |
Source: LACOE | |||
- Should The Sunset Date Be Eliminated Rather Than Extended? LACOE has traditionally had a high number of interdistrict appeal cases since 2007-08:
School Year | 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 | ||||||||||
In 2011, AB 1085 (Davis) Chapter 87, Statutes of 2011, extended the amount of time for Class 1 and 2 counties to complete interdistrict transfer appeal from 30 to 40 days until July 1, 2015. In 2014, AB 1851 (Bradford) Chapter 104, Statutes of 2014, extended the sunset date from July 1, 2015, to July 1, 2018. In 2018, the sunset date was extended: For Class 1 CBE’s the timeline to review interdistrict transfer appeals increased from 40 to 60 days until July 1, 2023, and increased from 40 to 45 days for Class 2 CBE until July 1, 2019. Since the 2011-12 school year, LACOE has remained over 600 appeals per year since the 2011-12 school year.
Related/Prior Legislation
SB 344 (Bradford, Chapter 461, Statutes of 2017) extended 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 1851 (Bradford, Chapter 104, Statutes of 2014) extended the sunset date, from July 1, 2015 to July 1, 2018, that authorizes CBEs, with countywide 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 2011) authorized CBEs, with countywide 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; and, specifies that it is the intent of the Legislature that school districts and CBEs make best efforts to process interdistrict attendance appeals in an expeditious fashion. This authorization will sunset as of July 1, 2015.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 3/30/23)
Los Angeles County Office of Education (source)
Office of The Riverside County Superintendent of Schools
Orange County Department of Education
OPPOSITION: (Verified 3/30/23)
None received
ARGUMENTS IN SUPPORT: According to the Los Angeles County Office of Education “The Los Angeles County Board of Education continues to experience a heavy volume of interdistrict appeals. Staff processed over 1,400 interdistrict appeals in 2019-2020 school year, over 1,100 in each of the 2020-2021 and 2021-2022 school years, and nearly 1,000 in 2022-2023. If SB 344 sunsets on June 30, 2023, without legislative action taken, the timeline for our county board of education will revert to 30 calendar days. Despite the best resolution efforts of the LACOE Interdistrict Permit Appeal team, 20 percent of the cases during the 2021-2022 school year took over 30 calendar days to resolve; and almost half of those cases exceeded 40 calendar days. Supporting the continued timeline of 60 calendar days will allow LACOE staff the time to work with the parent and the school districts to resolve the permit issue prior to coming before the board. SB 344 (Chapter 461, Statutes of 2017), amended the previous 40 schoolday timeline to 60 calendar days for the class 1 county board of education and 45 calendar days for class 2 counties to determine whether the pupil should be permitted to attend the school district in which the pupil desires to attend. Unfortunately, SB 344 becomes inoperative as of July 1, 2023, for the class 1 county and became inoperative for class 2 counties on July 1, 2019.”
Prepared by: Kordell Hampton / ED. / (916) 651-4105
4/6/23 10:59:32
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: March 29, 2023
Author: | Bradford | ||
Version: | March 21, 2023 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill removes the July 1, 2023, sunset date to permanently allow a) a county board of education (CBE) in Class 1 counties to determine, within 60 calendar days after a parent files an interdistrict transfer appeal, whether the pupil should be permitted to attend the school district of proposed enrollment and b) the applicable period of attendance and 45 calendar day for a Class 2 CBE.
BACKGROUND
Existing Law:
Education Code (EDC)
- Provides for a process to appeal a request for an interdistrict transfer. (EDC § 46601)
- Until July 1, 2023, provides a timeline of 60 calendar days after the appeal is filed within a Class 1 CBE, and 45 calendar days until July 1, 2019 for a Class 2 CBE, or 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. (EDC § 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. (EDC § 48919.5)
- 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. (EDC § 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. (EDC § 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. (EDC § 46600)
- 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. (EDC § 46609)
ANALYSIS
This bill removes the July 1, 2023, sunset date to permanently allow a) a CBE in Class 1 counties to determine, within 60 calendar days after a parent files an interdistrict transfer appeal, whether the pupil should be permitted to attend the school district of proposed enrollment and b) the applicable period of attendance and 45 calendar day for a Class 2 CBE.
STAFF COMMENTS
- Need for the bill. According to the author, “SB 413 builds off a previous bi-partisan measure that extended the time for county boards of education to process interdistrict transfer appeals. This bill will provide parents/guardians more time to prepare for the complex and often stressful appeals process they face when seeking to transfer their children to a different school district, while providing county boards more flexibility in processing every case (which involves preliminary hearings, fact-finding sessions, and policy review).”
- Extending Timeline to Consider Interdistrict Transfer Appeals. Typically a CBE has 30 calendar days after a interdistrict transfer appeal has been filed to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance, with the exception of CBE with a Class 1 or 2 status.
Pursuant to EDC 48919.5, a “Class 1” county is a county with a 1994-95 countywide ADA of more than 500,000 while a “Class 2”county is a county with 1994-95 countywide ADA of at least 180,000 but less than 500,000 ADA. Currently, Los Angeles County office of Education (LACOE) is the only County Office of Education (COE) that has retained their Class 1 status. Meanwhile, Alameda, Contra Costa, Fresno, Kern, Orange, Riverside, Sacramento, San Bernardino, San Diego, and Santa Clara have a Class 2 status.
The previous iteration of this bill, SB 344 (Bradford) Chapter 461, Statute of 2018, extended the sunset date: For Class 1 CBE’s the timeline to review interdistrict transfer appeals increased from 40 to 60 days until July 1, 2023, and increased from 40 to 45 days for Class 2 CBE until July 1, 2019.
This bill attempts to eliminate the sunset date and permanently allows Class 1 CBE’s 60 days to review an interdistrict transfer appeal and 45 days for Class 2 CBEs.
- Number of appeal cases in Los Angeles County. According to the sponsor, LACOE handles more transfer appeals than any other county in the state and continues to experience a heavy volume of interdistrict appeals. LACOE processed over 1,400 interdistrict appeals in the 2019-2020 school year, over 1,100 in each of the 2020-2021 and 2021-2022 school years, and nearly 1,000 in 2022-2023. Currently, LACOE has handled 993 interdistrict appeals in the 2022-23 school year and 8 so far for the 2023-24 school year.
Interdistrict Permit Appeals Received | Interdistrict Permit Appeals Disposition | ||||
School Year | Received | School Year | Description | Total | |
2022-23 | 993 | 2022-23 | Abandoned by Parent | 14 | |
2023-24 | 8 | 2022-23 | Closed | 8 | |
2022-23 | Deemed Abandoned | 81 | |||
2022-23 | Denied by Board | 4 | |||
2022-23 | District Released | 637 | |||
2022-23 | Granted by Board | 58 | |||
2022-23 | No Jurisdiction | 101 | |||
2022-23 | Parent Withdrawal | 65 | |||
2022-23 | Open | 15 | |||
2022-23 | Untimely Filed | 10 | |||
School Year | 2019-2020 | 2020-2021 | 2021-2022 |
Processed | 1407 | 1100 | 1094 |
Heard by Board | 36 | 22 | 112 |
Source: LACOE | |||
- Should The Sunset Date Be Eliminated Rather Than Extended? LACOE has traditionally had a high number of interdistrict appeal cases since 2007-08:
School Year | 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 | ||||||||||
In 2011, AB 1085 (Davis) Chapter 87, Statutes of 2011, extended the amount of time for Class 1 and 2 counties to complete interdistrict transfer appeal from 30 to 40 days until July 1, 2015. In 2014, AB 1851 (Bradford) Chapter 104, Statutes of 2014, extended the sunset date from July 1, 2015, to July 1, 2018. In 2018, the sunset date was extended: For Class 1 CBE’s the timeline to review interdistrict transfer appeals increased from 40 to 60 days until July 1, 2023, and increased from 40 to 45 days for Class 2 CBE until July 1, 2019. Since the 2011-12 school year, LACOE has remained over 600 appeals per year since the 2011-12 school year.
- Related Legislation. SB 344 (Bradford) Chapter 461, Statutes of 2017, extended 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 1851 (Bradford) Chapter 104, Statutes of 2014, extended the sunset date, from July 1, 2015 to July 1, 2018, that authorizes CBEs, with countywide 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 2011, authorized CBEs, with countywide 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; and, specifies that it is the intent of the Legislature that school districts and CBEs make best efforts to process interdistrict attendance appeals in an expeditious fashion. This authorization will sunset as of July 1, 2015.
SUPPORT
Los Angeles County Office of Education (Sponsor)
Office of The Riverside County Superintendent of Schools
OPPOSITION
None received
-- END --
Bill Author
Bill Co-Author(s):