ARIZONA STATE SENATE

RESEARCH STAFF

KIMBERLY YEE

LEGISLATIVE RESEARCH ANALYST

EDUCATION COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE COMMITTEE

ON EDUCATION

DATE: February 20, 2001

SUBJECT: Strike Everything Amendment to 1179 (school districts; excess utilities)

Purpose:

Requires the U.S. Department of Education’s Office for Civil Rights to provide notice to a school when a school enrolls pupils who reside in the attendance area of a school under a desegregation order that a violation of court order or agreement exists. Transfers the responsibility of providing this notice from the “resident school” under the desegregation order to the U.S. Department of Education’s Office for Civil Rights.

Background:

Schools that are under a court order of desegregation may enroll pupils who reside in the attendance area of other school districts. However, schools that are not under a court order of desegregation are prohibited from enrolling pupils who reside in the attendance area of a school under a desegregation order. This strike-everything amendment addresses open enrollment policies for those schools that are currently prohibited from enrolling pupils that reside in the attendance area of other schools under desegregation orders.

Under current open enrollment laws, a school is required to enroll pupils who reside in the attendance area of a school that is under a court order of desegregation or is party to an agreement with the U.S. Department of Education’s Office for Civil Rights, unless the resident school under the desegregation order provides a notice to the enrolling school that admitting the student is in violation of a desegregation court order or agreement.

The strike-everything amendment to S.B. 1179 transfers this responsibility of providing notice of a violation of court order or agreement from the resident school to the U.S. Department of Education’s Office for Civil Rights.

There is no fiscal impact to the state general fund associated with this bill.

Provisions:

1. Requires the U.S. Department of Education’s Office for Civil Rights to provide notice to a school when a school enrolls pupils who reside in the attendance area of a school under a

desegregation order that a violation of court order or agreement exists, transferring the responsibility of providing this notice from the “resident school” under the desegregation order to the U.S. Department of Education’s Office for Civil Rights.

2. Provides for a general effective date.

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