AB 47 — Schools: open enrollment.
Last action — Vetoed by Governor.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law, the Open Enrollment Act, allows the parent of a pupil enrolled in a low-achieving school to submit an application for the pupil to attend school in a school district other than the school district in which the parent of the pupil resides, but in which the parent nevertheless intends to enroll the pupil. Existing law defines a low-achieving school, for purposes of these provisions, as a school identified by the Superintendent of Public Instruction by inclusion on a list of 1,000 schools ranked by increasing Academic Performance Index score. Existing law provides that no local educational agency may have more than 10% of its schools on the list and that specified types of schools, including charter schools, may not be included on the list. This bill would instead provide that the list created by the Superintendent to define low-achieving schools may include up to 1,000 schools, that a local educational agency shall not have more than 10% of its schools on the list, calculated as specified, and that county offices of education operating a special education program and state special schools not be included on the list. The bill would also provide that a school shall only be identified as a low-achieving school if it is identified on the list for 2 consecutive years and would delete the provision excluding charter schools from inclusion on the list. Existing law requires a school district of enrollment to conduct a lottery to select pupils at random if the number of pupils who request a particular school exceeds the number of spaces available at that school. This bill would provide that a school district of enrollment shall not reject the transfer of an individual with exceptional needs or an English learner if he or she is randomly selected through the lottery.
Bill Text
- Enrolled 09/09/11 - Enrolled Current pdf September 09, 2011
- Amended 08/30/11 - Amended Senate pdf August 30, 2011
- Amended 07/07/11 - Amended Senate pdf July 07, 2011
- Amended 05/27/11 - Amended Assembly pdf May 27, 2011
- Amended 04/04/11 - Amended Assembly pdf April 04, 2011
- Introduced 12/06/10 - Introduced pdf December 06, 2010
- AB47 View text html
Action History
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Vetoed by Governor.
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Enrolled and presented to the Governor at 3 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 2895.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 16. Page 2207.).
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 6. Noes 3.) (August 25).
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In committee: Referred to APPR. suspense file.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 29).
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Referred to Com. on ED.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 26. Page 1784.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (March 30).
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Referred to Com. on ED.
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From printer. May be heard in committee January 6.
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Read first time. To print.
Sponsors
- Brownley · Cosponsor
- Carter · Cosponsor
- Eng · Cosponsor
- Hernandez · Cosponsor
- Huffman · Primary
- Swanson · Cosponsor
- V. Manuel Pérez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 115 not signed on · 6 voted No
Sponsors (1)
- Huffman
Co-sponsors (6)
- Brownley
- Carter
- Eng
- Hernandez
- Swanson
- V. Manuel Pérez
Not signed on (115)
115 members have not signed on to this bill.
Show all 115 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 24 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 52 | 26 | 0 | 2 |
| % of votes cast | 65% | 33% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Nay |
| Feuer | — | Yea |
| Butler | — | Yea |
| Fuentes | — | Yea |
| Galgiani | — | Yea |
| Carter | — | Yea |
| Gatto | — | Yea |
| Gordon | — | Yea |
| Fong | — | Yea |
| Hall | — | Yea |
| Allen | — | Yea |
| Hayashi | — | Yea |
| Hill | — | Yea |
| Cedillo | — | Yea |
| Portantino | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Huber | — | Yea |
| Huffman | — | Yea |
| Chesbro | — | Yea |
| Bonilla | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Davis | — | Yea |
| Ma | — | Yea |
| Monning | — | Yea |
| Pan | — | Yea |
| Perea | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Williams | — | Yea |
| Yamada | — | Yea |
| Atkins | — | Yea |
| Fletcher | — | Nay |
| Campos | — | Yea |
| Gorell | — | Not Voting |
| Halderman | — | Nay |
| Jeffries | — | Nay |
| Cook | — | Nay |
| Donnelly | — | Nay |
| Knight | — | Nay |
| Lara | — | Yea |
| Logue | — | Nay |
| Mendoza | — | Not Voting |
| Miller | — | Nay |
| Morrell | — | Nay |
| Nestande | — | Nay |
| Olsen | — | Nay |
| Silva | — | Nay |
| Smyth | — | Nay |
| Solorio | — | Yea |
| Valadao | — | Nay |
| Wieckowski | — | Yea |
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Harkey | — | Nay |
| Hueso | — | Yea |
| Mansoor | — | Nay |
| Nielsen | — | Yea |
| Norby | — | Nay |
| Wagner | — | Nay |
| Conway | — | Nay |
| Eng | — | Yea |
| Dickinson | — | Yea |
| Furutani | — | Yea |
| Garrick | — | Nay |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 15 | 0 | 3 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 21 | 16 | 0 | 3 |
| % of votes cast | 53% | 40% | 0% | 8% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Yea |
| Evans | — | Yea |
| Cannella | — | Nay |
| Lowenthal | — | Yea |
| De León | — | Yea |
| Rubio | — | Yea |
| Fuller | — | Nay |
| Hernandez | — | Yea |
| Huff | — | Nay |
| Runner | — | Nay |
| Negrete McLeod | — | Not Voting |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Anderson | — | Nay |
| Blakeslee | — | Nay |
| Dutton | — | Nay |
| Lieu | — | Yea |
| Liu | — | Yea |
| Pavley | — | Yea |
| Price | — | Yea |
| Simitian | — | Not Voting |
| Steinberg | — | Yea |
| Walters | — | Nay |
| Wright | — | Not Voting |
| Alquist | — | Yea |
| Harman | — | Nay |
| Vargas | — | Yea |
| Wolk | — | Yea |
| Wyland | — | Nay |
| Corbett | — | Yea |
| Emmerson | — | Nay |
| Correa | — | Nay |
| DeSaulnier | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| La Malfa | — | Nay |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 3 | 0 | 0 |
| Total | 6 | 3 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Runner | — | Nay |
| Alquist | — | Yea |
| Kehoe | — | Yea |
| Lieu | — | Yea |
| Pavley | — | Yea |
| Price | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Nay |
| Emmerson | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Runner | — | Not Voting |
| Kehoe | — | Yea |
| Price | — | Yea |
| Steinberg | — | Yea |
| Alquist | — | Yea |
| Lieu | — | Yea |
| Pavley | — | Yea |
| Walters | — | Yea |
| Emmerson | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 2 |
| Total | 6 | 2 | 0 | 2 |
| % of votes cast | 60% | 20% | 0% | 20% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Lowenthal | — | Yea |
| Runner | — | Not Voting |
| Liu | — | Yea |
| Price | — | Yea |
| Vargas | — | Not Voting |
| Alquist | — | Yea |
| Blakeslee | — | Nay |
| Huff | — | Nay |
| Simitian | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 24 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 52 | 26 | 0 | 2 |
| % of votes cast | 65% | 33% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Hagman | — | Nay |
| Feuer | — | Yea |
| Butler | — | Yea |
| Furutani | — | Yea |
| Fong | — | Yea |
| Allen | — | Yea |
| Huber | — | Yea |
| Huffman | — | Yea |
| Carter | — | Yea |
| Portantino | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Cedillo | — | Yea |
| Perea | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Galgiani | — | Yea |
| Garrick | — | Nay |
| Campos | — | Yea |
| Gorell | — | Not Voting |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Halderman | — | Nay |
| Conway | — | Nay |
| Hall | — | Not Voting |
| Fletcher | — | Nay |
| Cook | — | Nay |
| Block | — | Yea |
| Donnelly | — | Nay |
| Hayashi | — | Yea |
| Hueso | — | Yea |
| Knight | — | Nay |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Monning | — | Yea |
| Nestande | — | Nay |
| Nielsen | — | Nay |
| Olsen | — | Nay |
| Pan | — | Yea |
| Silva | — | Nay |
| Solorio | — | Yea |
| Valadao | — | Nay |
| Wagner | — | Nay |
| Wieckowski | — | Yea |
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Harkey | — | Nay |
| Hill | — | Yea |
| Jeffries | — | Yea |
| Lara | — | Yea |
| Logue | — | Nay |
| Ma | — | Yea |
| Mansoor | — | Nay |
| Morrell | — | Nay |
| Norby | — | Nay |
| Smyth | — | Nay |
| Torres | — | Yea |
| Williams | — | Yea |
| Chesbro | — | Yea |
| Eng | — | Yea |
| Davis | — | Yea |
| Dickinson | — | Yea |
| Fuentes | — | Yea |
| Gatto | — | Yea |
| Yamada | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 5 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 12 | 5 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Fuentes | — | Yea |
| Gatto | — | Yea |
| Mitchell | — | Yea |
| Hall | — | Yea |
| Harkey | — | Nay |
| Campos | — | Yea |
| Lara | — | Yea |
| Donnelly | — | Nay |
| Norby | — | Nay |
| Solorio | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Hill | — | Yea |
| Nielsen | — | Nay |
| Wagner | — | Nay |
| Davis | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 2 | 0 | 2 |
| Total | 7 | 2 | 0 | 2 |
| % of votes cast | 64% | 18% | 0% | 18% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Gorell | — | Not Voting |
| Halderman | — | Nay |
| Butler | — | Yea |
| Carter | — | Yea |
| Ammiano | — | Yea |
| Norby | — | Not Voting |
| Wagner | — | Nay |
| Williams | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Eng | — | Yea |
Subjects
Frequently asked questions
- What does AB 47 do?
- Existing law, the Open Enrollment Act, allows the parent of a pupil enrolled in a low-achieving school to submit an application for the pupil to attend school in a school district other than the school district in which the parent of the pupil resides, but in which the parent nevertheless intends to enroll the pupil. Existing law defines a low-achieving school, for purposes of these provisions, as a school identified by the Superintendent of Public Instruction by inclusion on a list of 1,000 schools ranked by increasing Academic Performance Index score. Existing law provides that no local educational agency may have more than 10% of its schools on the list and that specified types of schools, including charter schools, may not be included on the list. This bill would instead provide that the list created by the Superintendent to define low-achieving schools may include up to 1,000 schools, that a local educational agency shall not have more than 10% of its schools on the list, calculated as specified, and that county offices of education operating a special education program and state special schools not be included on the list. The bill would also provide that a school shall only be identified as a low-achieving school if it is identified on the list for 2 consecutive years and would delete the provision excluding charter schools from inclusion on the list. Existing law requires a school district of enrollment to conduct a lottery to select pupils at random if the number of pupils who request a particular school exceeds the number of spaces available at that school. This bill would provide that a school district of enrollment shall not reject the transfer of an individual with exceptional needs or an English learner if he or she is randomly selected through the lottery.
- Who sponsors AB 47?
- AB 47 is sponsored by Brownley, Carter, Eng, Hernandez, Huffman, Swanson, and V. Manuel Pérez.
- What is the current status of AB 47?
- This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 47?
- Track AB 47 free on One Click Politics — get push/email alerts when it moves.
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