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Home/Bills/AB 1797California · 2025–2026 Regular Session
Assembly BillFailedEducation

AB 1797: Pupil instruction: Open Enrollment Act.

California · Assembly · 2025–2026 Regular Session · last verified August 4, 2026

What AB 1797 does, verified August 4, 2026

This bill revises the Open Enrollment Act. The parent of a pupil enrolled in a school district can submit an application for the pupil to attend a school district other than their own. The bill defines "school district" and "enrolled pupil" to clarify the terms. The definition of a "low-achieving school" is removed, and the focus shifts to the pupil's current school district of enrollment. The bill also updates references to outdated funding sources, such as the Academic Performance Index and the Federal Race to the Top Fund.

Bill journey
✓IntroducedComplete
2In CommitteeCurrent
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: From committee: Without further action pursuant to Joint Rule 62(a). (2026-05-19)Alert me
Recent actions5 total · showing 5
May. 19, 2026From committee: Without further action pursuant to Joint Rule 62(a).
Apr. 22, 2026In committee: Set, first hearing. Failed passage.
Feb. 23, 2026Referred to Com. on ED.
Feb. 11, 2026From printer. May be heard in committee March 13.
Feb. 10, 2026Read first time. To print.
Latest bill textIntroduced version, February 10, 2026 · 980 words


CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 1797


Introduced by Assembly Member Johnson

February 10, 2026


An act to amend Sections 48352, 48354, and 48356 of, and to repeal Sections 48351, 48353, and 48360 of, the Education Code, relating to pupil instruction.


LEGISLATIVE COUNSEL'S DIGEST


AB 1797, as introduced, Johnson. Pupil instruction: Open Enrollment Act.
The Open Enrollment Act authorizes the parent of a pupil enrolled in a low-achieving school 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. The act defines “low-achieving school” to mean a school on a list created annually by the Superintendent of Public Instruction of 1,000 schools ranked by increasing Academic Performance Index score with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008–09 school year.
This bill would recast and revise the act. The bill would delete the definition of, and references to, the term “low-achieving school” in the act. The bill would instead generally revise the terminology of the act to specify that the parent of a pupil enrolled in a school district of residence, as defined, is authorized to submit an application for the pupil to attend a school district of enrollment, as defined. The bill would also delete from the act obsolete references to the Academic Performance Index and to the federal Race to the Top Fund.
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:


SECTION 1.

Section 48351 of the Education Code is repealed.
48351.

The purpose of this article is to improve pupil achievement, in accordance with the regulations and guidelines for the federal Race to the Top Fund, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and to enhance parental choice in education by providing additional options to pupils to enroll in public schools throughout the state without regard to the residence of their parents.

SEC. 2.

Section 48352 of the Education Code is amended to read:

48352.

For purposes of this article, the following definitions apply:

(a)“Low-achieving school” means any school identified by the Superintendent pursuant to the following:

(1)Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the Superintendent annually shall create a list of 1,000 schools ranked by increasing API with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008–09 school year.

(2)In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following:

(A)A local educational agency shall not have more than 10 percent of its schools on the list. However, if the number of schools in a local educational agency is not evenly divisible by 10, the Superintendent shall round up to the next whole number of schools.

(B)Court, community, or community day schools shall not be included on the list.

(C)Charter schools shall not be included on the list.

(b)

(a) “Parent” means the natural or adoptive parent or guardian of a dependent child.

(c)

(b) “School district of enrollment” means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this article.

(d)

(c) “School district of residence” means a school district in which the parent of a pupil resides and in which the pupil would otherwise be required to enroll pursuant to Section 48200.

SEC. 3.

Section 48353 of the Education Code is repealed.
48353.

The state board shall adopt emergency regulations to implement this article.

SEC. 4.

Section 48354 of the Education Code is amended to read:

48354.

(a) The parent of a pupil enrolled in a low-achieving school district of residence may submit an application for the pupil to attend a school in a school district of enrollment pursuant to this article.

(b)(1)Consistent with the requirements of Section 1116(b)(1)(E) of the federal Elementary and Secondary Education Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first day of the school year, or, if later, on the date the notice of program improvement, corrective action, or restructuring status is required to be provided under federal law the district of residence shall provide the parents and guardians of all pupils enrolled in a school determined in subdivision (a) of Section 48352 with notice of the option to transfer to another public school served by the school district of residence or another school district.

(2)

(b) (1) An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of enrollment prior to before January 1 of the school year preceding the school year for which the pupil is requesting to transfer. The school district of enrollment may waive the deadline specified in this paragraph.

(3)

(2)
The application deadline specified in paragraph (2) (1) does not apply to an application requesting a transfer if the parent, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to before submitting the application.

(4)

(3)
The application may request enrollment of the pupil in a specific school or program within the school district of enrollment.

(5)

(4)
A pupil may enroll in a school in the school district of enrollment in the school year immediately following the approval of his or her the pupil’s application.

(6)

(5)
In order to provide priority enrollment opportunities for pupils residing in the school district, a school district of enrollment shall establish a period of time for resident pupil enrollment prior to before accepting transfer applications pursuant to this article.
Text of AB 1797 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions
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