California 2011-2012 Regular Session Status: To Executive

AB 47 — Schools: open enrollment.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 2895.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 16. Page 2207.).

  6. Read second time and amended. Ordered to third reading.

  7. From committee: Do pass as amended. (Ayes 6. Noes 3.) (August 25).

  8. In committee: Referred to APPR. suspense file.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 29).

  11. Referred to Com. on ED.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 26. Page 1784.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (March 30).

  21. Referred to Com. on ED.

  22. From printer. May be heard in committee January 6.

  23. 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)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 512402
Democratic 1000
Republican 0200
Total 522602
% 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

Official roll call →

Passed 21 Yea · 16 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 191503
Democratic 2000
Republican 0100
Total 211603
% 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

Official roll call →

Do pass as amended.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% 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

Official roll call →

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% 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

Official roll call →

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 512402
Democratic 1000
Republican 0200
Total 522602
% 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

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% 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

Official roll call →

Subjects

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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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