SB 1368

Bill Subjects

Abstract

(1) Under existing law, each person between the ages of 6 and 18 years who is not otherwise exempt is subject to compulsory full-time education. Existing law requires each person subject to compulsory full-time education to attend the public full-time day school and for the full time designated as the length of the schoolday by the governing board of the school district in which the residency of either the parent or legal guardian is located, except as specified. This bill would enact the Statewide Open Enrollment Act, which would require a person subject to compulsory education to be admitted to a school in any school district, without regard to residency or school district boundaries. The bill would prohibit a school district from restricting pupils residing within the school district's boundaries from enrollment in a school in another school district and would prohibit a school district from restricting pupils residing outside the school district's boundaries from enrollment in a school in the school district, except pursuant to specified exceptions. The bill would require a school district that restricts enrollment pursuant to an exception to give priority for admission to pupils who reside in the school district, children of military families, foster youth, and children living in poverty, as determined by the Superintendent of Public Instruction. To the extent this bill would impose additional duties on school districts, the bill would impose a state-mandated local program. (2) Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law also authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined, in accordance with specified procedural requirements and limitations. Existing state law, the Open Enrollment Act, authorizes the parent of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district other than the school district in which the parent resides, as specified. This bill would repeal these provisions. (3) This bill would repeal resulting obsolete provisions, update cross references, and make other clarifying and conforming changes. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.