LAO
Follow-up Evaluation of the District of Choice Program
Read the report at Legislative Analyst's Office ↗
Follow-Up Evaluation of the
District of Choice Program
GABRIEL PETEK
LEGISLATIVE ANALYST
FEBRUARY 2021
analysis full
gutter
AN LAO REPORT
LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
Executive Summary
Background
Legislature Faces Decision About Reauthorizing the “District of Choice” Program. A state
law adopted in 1993 allows students to transfer to school districts that participate in the District
of Choice program. The program requires participating districts to accept interested students
regardless of their academic abilities or personal characteristics. Unlike other interdistrict transfer
laws, it also allows students to transfer without seeking permission from their home districts. The
program currently consists of 45 participating districts enrolling nearly 9,600 transfer students. The
program is scheduled to sunset on July 1, 2023.
Legislature Has Made Several Changes to the Program. The Legislature made numerous
changes when it last reauthorized the program in 2017. It added new oversight procedures, including
a requirement for local auditors to review the districts participating in the program. In addition,
it required the California Department of Education (CDE) to collect and publish program data.
Regarding the transfer application process, the Legislature required participating districts to make
application information easily accessible and prioritize applications from low-income students. These
changes were intended to (1) create a mechanism for monitoring compliance with program rules, and
(2) increase participation among student subgroups that transfer at lower rates, including low-income
students and Latino students. Several members of the Legislature also wanted to know how the
program was affecting racial balance among districts.
Report Provides Our Second Evaluation. We published our first evaluation of the program in
January 2016. The 2017 reauthorization required our office to produce a follow-up evaluation using
the newly available data to assess the latest changes and make recommendations regarding further
extensions of the program. This report responds to that requirement.
Key Findings
New Oversight Procedures Uncovered No Major Issues. The new oversight procedures found
no systemic problems or districts discriminating against interested students. Local auditors did flag
three small districts for missing paperwork. These issues seemed to reflect unintentional oversights
or districts being unfamiliar with new requirements, and CDE worked with these districts to ensure
they would comply moving forward.
Participation by Low-Income Students Has Increased. Similar to our previous evaluation, we
found low-income students use the program at relatively low rates compared with other students
in their home districts. Participation by these students has increased, however, from 27 percent of
transfer students in 2014-15 to 32 percent in 2018-19.
Participation by Latino Students Has Increased. Compared with their share of home district
enrollment, Latino students use the program at lower rates, whereas Asian students and white
students use the program at higher rates. In terms of total participating students, however, Latino
students recently overtook white students as the largest users of the program. As of 2018-19,
participating students are 40 percent Latino, 28 percent Asian, and 26 percent white (less
than 7 percent belong to other groups).
Modest Effects on Racial Balance. The program appears to increase racial balance for some
districts and reduce it for others, although the changes for most districts are small. Compared to a
hypothetical alternative in which all students return to their home districts, the overall effect of the
www.lao.ca.gov 1
analysis full
gutter
AN LAO REPORT
program on racial balance is a minor decrease. Compared to a more likely alternative in which only
some students return to their home districts, the overall effect appears neutral.
Program Provides Students With Additional Educational Options. The program allows
students to access educational options that are not offered by their home districts, such as schools
with specialized themes or instructional models. In the specific areas we examined—including college
preparatory courses, arts and music, and foreign languages—students gained access to an average
of five to seven courses not offered by their home districts. Nearly all students transfer to districts with
higher test scores than their home districts.
Home Districts Often Take Steps to Improve Their Instructional Offerings. As we reported
in our previous evaluation, home districts often respond to the program by taking action to gain
clarity about the priorities of their communities and by implementing new educational programs. We
also found that the home districts most affected by the program have made above-average gains in
student achievement over the past several years, although the role of the program in these gains is
difficult to determine.
Recommendations
Reauthorize the Program. The program provides quality educational options for a range
of students, the new oversight mechanisms uncovered no notable concerns, and the share of
disadvantaged students using the program has risen. We think these strengths merit reauthorization,
potentially on a permanent basis. Alternatively, the Legislature could reauthorize the program for at
least five more years and reassess trends near the end of that period. In either case, the state could
continue monitoring program data and the Legislature could have future oversight hearings to ensure
the program continues to meet its goals.
Repeal Cumulative Cap. We recommend repealing a cap that limits the cumulative number
of students who can transfer out of each district. Once reached, this cap disallows all future
participation regardless of student interest or the quality of transfer options available. Without
changes to the cap, program participation seems likely to drop over the next several years. In
addition, we understand the original purpose of the cap was to mitigate fiscal impacts on home
districts, but the cumulative number of transfers over the life of the program does not seem to be a
good indicator of a district’s current fiscal condition.
Allow Later Application Deadline. Current law requires students to submit their transfer
applications for the upcoming school year prior to January 1. This deadline falls before some students
and families have begun examining their options, and it limits participation for students who have
less existing awareness of the program, including low-income students. We recommend delaying the
deadline, potentially to March 1.
Increase Funding for Basic Aid Districts. The 2017 reauthorization significantly reduced funding
for students transferring to basic aid districts (districts with high levels of local property tax revenue).
We found that this reduction has led these districts to accept fewer transfer students. In addition,
the students transferring to these districts are more likely to be disadvantaged than other transfer
students. We recommend setting the funding rate closer to pre-2017 levels and providing a higher
rate for low-income students and English learners.
Continue Collecting Data. We recommend the state continue collecting data about the number
and characteristics of students who transfer through the program. Ongoing data collection would
help the Legislature monitor the 2017 changes as well as the effects of our recommendations. If the
Legislature were interested in developing a greater understanding of why participation varies by student
subgroup, it could consider funding a survey of students and parents. The findings from this survey
could inform future efforts to promote participation by students who use the program less frequently.
2 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
INTRODUCTION
California Has District of Choice Program. evaluation using newly available data. Chapter 15 of
California has several laws designed to give parents a 2017 (AB 99, Committee on the Budget) sets forth
choice about which school their children attend. One the requirements for this second evaluation:
of these laws is called the District of Choice program. “The Legislative Analyst shall conduct, after
This program allows a student living in one school consulting with appropriate legislative staff,
district to transfer to another school district that has a comprehensive evaluation of the [District of
deemed itself a District of Choice. The program differs Choice program] and prepare recommendations
from other interdistrict transfer laws because it does regarding the extension of the program. The
evaluation shall incorporate the [demographic,
not require students to apply with the home districts
fiscal, and academic data specified in law] and
they are leaving.
shall be completed and submitted, along with
Legislature Faces Decision About Whether
the recommendations regarding extension of the
to Extend the Program. Though the state initially
program and… implementation of the program
adopted the District of Choice program as a
to ensure access to the program for all pupils, to
five-year pilot, it has reauthorized the program the appropriate education policy committees of
several times. The most recent reauthorization the Legislature and to the Department of Finance
extended the program until July 1, 2023. As we by January 31, 2021.”
describe later in this report, the program currently Report Has Four Main Sections. This report
consists of 45 participating school districts enrolling responds to the statutory evaluation requirement.
nearly 9,600 transfer students. Participating districts The first section outlines the main features of the
are located throughout the state, with the highest program and compares it with other interdistrict
concentrations in the Counties of Los Angeles, Kern, transfer options in California. The second section
and Sonoma. describes the findings that emerged from our analysis
Law Requires Follow-Up Evaluation. At the of the available data. The third section assesses
direction of the Legislature, we published our first the program and discusses a few policies limiting
evaluation of the program in January 2016. To assist access for interested students. The final section
its deliberations about the future of the program, the makes recommendations regarding the future of the
Legislature directed our office to produce another program.
BACKGROUND
In this section, we describe the origins and main be more responsive to community concerns and by
features of the District of Choice program. We also allowing parents to choose the instructional setting
review the most recent changes to the program and best suited to the interests of their children. Other
explain how the program differs from other transfer supporters were concerned about a proposal to
options in the state. provide state funding for students attending private
schools and thought expanding choice among public
History
schools was preferable. The Legislature responded
Legislature Adopted District of Choice to these concerns by enacting three laws. The
Program in 1993. The District of Choice program first, the Charter Schools Act of 1992, allowed the
grew out of an effort in the early 1990s to increase the establishment of charter schools that could operate
choices available to students within the public school independently from school districts. The second,
system. Two main considerations motivated this enacted in 1993, gave students more options to
effort. First, many supporters believed choice would transfer to other schools within the same district. The
improve public education by encouraging schools to third law, also enacted in 1993, created the District of
www.lao.ca.gov 3
analysis full
gutter
AN LAO REPORT
Choice program. Although this law was not the first cases, a district adopts a specific transfer limit for
to allow interdistrict transfers, it was designed to be each grade level.
much less restrictive. Students Can Leave Their Home District and
Legislature Has Reauthorized the Program Six Attend a District of Choice. Once a district has
Times. The 1993 legislation implemented the District deemed itself a District of Choice, it may begin
of Choice program as a five-year pilot, with the first accepting attendance applications from students
transfers occurring in the 1995-96 school year. The in other districts. Interested students apply directly
Legislature extended the program for five more years to the District of Choice and do not need to seek
in 1999, followed by additional extensions in 2004, permission from the home districts they attend. (As
2007, 2009, 2015, and 2017. The last extension we discuss below, state law allows a home district
authorized the program until July 1, 2023. to prohibit transfers under certain conditions.)
Students seeking to transfer for the upcoming
Program Basics
school year must submit their applications prior to
A School District May Decide to Become a January 1 of the current school year. A district must
District of Choice. Figure 1 summarizes the key give each applicant a provisional notification of its
components of the District of Choice program. To decision to accept or deny the transfer application
participate in the program, a district must register by February 15, with final notification required by
with the California Department of Education (CDE) May 1. Although transfer students are not guaranteed
and its county board of education. The governing attendance at specific schools, most districts allow
board of the district must also adopt an annual students to rank their preferred schools and honor
resolution specifying the maximum number of any preferences that do not displace students already
transfer students it is willing to accept. Each district enrolled. Transfer students accepted into a district
determines its own transfer limit, typically after are not obligated to attend. They may withdraw their
assessing multiple factors including facility space, applications at any time and return to their home
staffing requirements, and overall enrollment. In most districts. The law waives the regular application
deadline for students from military families relocated
Figure 1
Key Components of the District of Choice Program
9
District Participation. A district opts into the program by registering with the state and its county board of
education. The district also adopts a resolution specifying the maximum number of transfer students it will
accept.
9
Transfer Rules. A student’s “home district” must allow the student to transfer unless the transfer would affect
the home district in one of the following ways:
• Exceed an annual cap equal to 3 percent of the home district’s student attendance for the year.a
• Exceed a cumulative cap equal to 10 percent of the home district’s average annual attendance over the life of
the program.a
• Exacerbate severe fiscal distress.
• Hinder a court-ordered desegregation plan.
• Negatively affect racial balance.
9
Admission Procedures. A District of Choice must accept all interested students up to its locally approved limit
and conduct a lottery if oversubscribed. An oversubscribed district must give priority to the siblings of students
who already attend the district, low-income students, and students from military families.
9
Funding Allocations. When a student transfers, the home district no longer generates funding for that student
and the District of Choice begins generating the associated funding.b
a
For districts with more than 50,000 students, the annual cap is 1 percent and the cumulative cap is not applicable.
b
Different rules apply for basic aid school districts.
4 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
within the past 90 days. These students may transfer their academic performance, athletic ability, or any
midyear to any district in the program with available other personal characteristic. Finally, the law requires
space. districts to provide translated application information
A District of Choice Must Accept All Interested if they receive students from districts in which
Students up to Its Local Limit. A distinguishing more than 15 percent of students speak a primary
feature of the District of Choice program is the language other than English.
requirement for a district to accept all interested …And With Home Districts. The law requires
students up to the number specified in its board participating districts to share information with the
resolution. The law explicitly prohibits giving any districts students are leaving at various points.
consideration to academic or athletic performance Specifically, a District of Choice must provide each
or to the cost of educating a student. If the number home district a preliminary list of approved transfers
of transfer applications exceeds a district’s locally for the upcoming school year by February 15 and
approved limit, the district must conduct a lottery an updated list by May 2. These communication
at a public meeting to determine which students requirements are intended to help home districts
it will accept. This lottery must give priority to develop budgets and staffing levels that account for
students whose siblings already attend the district, the number of students transferring out. (State law
low-income students, and students from military requires districts to make certain preliminary staffing
families (in that order). The law only allows districts to decisions for the upcoming year by March 15 and
deny transfer requests on an individual basis under final decisions by May 15.)
two limited circumstances. First, a provision dating Home Districts Can Prohibit Transfers for a
to 1993 allows a district to reject an application that Few Reasons. The law allows a home district to
would require it to create a new program to serve an prevent a student from transferring out under a few
incoming student. A subsequent reauthorization of circumstances. Specifically, a home district may
the program, however, largely negated this provision prohibit a transfer that would affect it in one of the
by prohibiting districts from rejecting English learners following ways:
and students with disabilities. Second, the law
• Exceed a 3 Percent Annual Cap. A home
provides for a district to deny an application that
district may limit the number of students
would displace a student who already attends or
transferring out each year to 3 percent of its
resides in the district.
average daily attendance for that year. (The
Accepted Students Do Not Need to Reapply
annual cap is 1 percent for home districts with
Each Year. Another distinguishing feature is the
more than 50,000 students.)
provision allowing students to remain in the program
• Exceed a 10 Percent Cumulative Cap. In
until they graduate. Once a district accepts a student
addition to the 3 percent annual cap, the law
through the program, it can revoke the transfer only
allows a home district to deny transfers that
through formal expulsion proceedings. The law also
exceed a cumulative cap. (Home districts with
allows a district to revoke all transfers if it withdraws
more than 50,000 students cannot invoke this
from the program. In the case of withdrawal, the
cap.) In a 2011 dispute over the calculation of
district must allow high school students to remain
the cap, an appellate court determined that
until they graduate.
the cap is equal to 10 percent of a district’s
Program Sets Rules for Communication With
average annual attendance over the life of the
Students… The law requires each participating
program. Every student who has transferred
district to post application information on its website,
since the inception of the program counts
including the procedures for submitting an application
toward the cap, including students who are no
and the relevant deadlines. The law also requires
longer enrolled. Upon reaching this cap, a home
districts to make public announcements about the
district may prohibit all further transfers.
availability of the District of Choice program. Any
• Exacerbate Severe Fiscal Distress. If a home
communication from the district must be “factually
district receives a negative budget rating from
accurate” and avoid targeting students based on
www.lao.ca.gov 5
analysis full
gutter
AN LAO REPORT
its county office of education (COE) (meaning year. Specifically, the state credits all districts with the
the district will be unable to meet its financial higher of their current- or prior-year attendance for
obligations for the current or upcoming year funding purposes.
without corrective action), the district may limit Lower Funding Rate for Basic Aid Districts.
the number of students transferring out. A About 10 percent of school districts have local
home district also may limit transfers if its COE property tax revenue exceeding their allotments
determines that the district will fail to meet state calculated under the Local Control Funding Formula.
standards for fiscal stability exclusively due to The state allows these districts to keep this additional
the impact of the program. revenue and treat it like other general purpose
• Hinder a Court-Ordered Desegregation funding. These districts are known as basic aid
Plan. If a home district is operating under districts (a term derived from the section of the State
a court-ordered desegregation plan, it may Constitution guaranteeing all school districts at least
prohibit transfers that would hinder the plan. $120 per student from the state.) Under the District of
• Negatively Affect Racial Balance. A district Choice program, funding for basic aid districts works
may limit transfers that would “negatively differently than it does for other districts:
impact” its voluntary desegregation
• Transferring From Nonbasic Aid to Basic Aid
plan or racial and ethnic balance. Any
District. If a basic aid district enrolls a student
usage of this provision must comply with
from a home district that is not a basic aid
Proposition 209 (1996), a constitutional
district, the basic aid district receives 25 percent
amendment that prohibits schools and other
of the base grant the student would have
agencies from using race and ethnicity (among
generated in his or her home district. The
other factors) as a factor in public programs.
student does not generate any supplemental or
Outside of these five provisions, the law prohibits concentration funding that would apply in the
home districts from adopting any policies to block home district. These types of transfers therefore
or discourage students from transferring out. In generate state savings relative to other types of
addition, home districts may not prohibit transfers by transfers.
students from military families for any reason. • Transferring From Other Basic Aid Districts.
If a basic aid district enrolls a student from
Funding
another basic aid district, the law provides for
Funding Follows Students to Their District no exchange of funding between the districts.
of Choice. California funds school districts based From the state’s perspective, these transfers are
on student attendance, with per-pupil funding cost neutral.
rates determined by the Local Control Funding
Formula. This formula, adopted in 2013, establishes Oversight
a base grant for all students that varies by grade
Law Requires Participating Districts to Collect
span but is otherwise uniform across the state.
and Report Data. The law requires each participating
Low-income students and English learners generate
district to track the following information: (1) the total
a “supplemental grant” equal to 20 percent of the
number of students applying to enter the district each
base grant. In districts where these students make
year; (2) the outcome of each transfer application
up more than 55 percent of the student body, the
(granted, denied, or withdrawn), as well as the
formula also provides a “concentration grant.” The
reason for any denials; (3) the race, ethnicity, gender,
total allotment for each district is funded through
socioeconomic status, and home district of each
a combination of state aid and local property tax
student transferring into the district; (4) the number
revenue. When a student transfers, the home district
of English learners and students with disabilities
no longer generates funding for that student and the
transferring into the district; and (5) the number and
District of Choice begins generating the associated
characteristics of students receiving transportation
funding. Another state policy, however, tends to
from the district. The law also requires each district
mitigate the fiscal effect on home districts for one
6 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
to prepare an annual report summarizing this CDE to investigate any complaints it receives about
information. No later than October 15 each year, the districts (1) participating in the program without
district must provide all adjacent districts with a copy registering or (2) failing to report required data. If
of this report, as well as a notice indicating its intent the department substantiates a complaint, it must
to remain in the program for the following school year. withhold funding generated by the district’s transfer
In addition, the law requires districts to report this students until the district has registered for the
information to CDE. The department collects district program and provided any missing data.
data on applications and school transportation as
Changes to the Program
part of an annual survey it administers to all districts.
It collects data on the characteristics of transfer
2017 Reauthorization Made Several Notable
students through the California Longitudinal Pupil Changes. Several important components of
Achievement Data System (CalPADS). The law the program reflect changes the Legislature
requires CDE to publish a summary of the information adopted in 2017 when it reauthorized the
it collects on its website. Whereas the requirement for program. Figure 2 (see next page) shows how
districts to produce a local report dates to the original the current version of the program differs from
version of the program, the requirement for CDE the previous version. The most notable changes
to collect and publish data began in 2018-19. The involved (1) making districts subject to annual
state currently provides CDE an annual General Fund audit, (2) requiring CDE to collect and report data,
appropriation of $117,000 to support these activities. (3) adding transfer priority for low-income students,
School Districts in California Undergo Annual (4) reducing funding for basic aid districts, and
Audits. Every school district in California undergoes (5) requiring districts to make application information
an annual audit to assess the accuracy of its financial available online. Most of these changes took effect
statements and determine whether it complied with in 2018-19. The funding reduction for basic aid
various state and federal laws. A district hires its districts, however, became effective in 2017-18.
auditor from a list of approved firms. The auditor
Other Transfer Options
then conducts an independent review following
procedures set forth in the school district audit
State Has a Few Other Interdistrict Transfer
manual developed by the state. If the district is out
Options. In addition to the District of Choice
of compliance with any of the applicable laws, the
program, the state has a few other laws allowing
auditor communicates the finding in its audit report.
students to transfer to other school districts. Each
Depending on the nature of the finding, the district’s
law functions independently of the others and
COE or CDE will work with the district to implement a
includes different requirements for the students and
corrective action plan.
districts involved. Many districts accept students
Parts of the District of Choice Program through more than one option. (All of the interdistrict
Subject to Audit. Since 2018-19, the state has transfer options are separate from an intradistrict
required auditors to ascertain whether districts transfer law that allows students to attend other
complied with certain parts of the District of Choice schools within the same district if space is available.)
program. Specifically, an auditor must verify that
Interdistrict Permit System Allows Transfers
a participating district (1) registered with the state
With the Agreement of the Districts Involved. A
and its county board of education, (2) accepted
longstanding state policy allows a student to transfer
all interested students up to its locally approved
from one district to another when both districts sign
limit, (3) conducted a lottery if it received more
a permit consenting to the transfer. With respect
applications than it could accept, and (4) collected
to students leaving, most districts have a limited
all data required by law. CDE generally is responsible
set of reasons for which they will release a student.
for addressing any audit findings identified in these
Examples include the availability of child care in the
areas.
other district or the attendance of a sibling already
Law Authorizes Special Complaint Process. enrolled in the other district. Students who are
Separate from the audit process, the law requires denied a release may appeal the decision to their
www.lao.ca.gov 7
analysis full
gutter
AN LAO REPORT
Figure 2
State Made Notable Changes to District of Choice Program in 2017
Issue Prior Law Current Law
Oversight
Auditing District not subject to regular audit process. Local auditors required to review district compliance with
program rules each year.
Registration Not required. Districts required to register with the state and their county
boards of education.
Data reporting CDE not required to publish data about the CDE required to maintain a list of Districts of Choice and
program. publish data about the program.
Application Process
Transfer priority Siblings of students who already attend the Siblings of students who already attend the district,
district and students from military families. low-income students, and students from military families.
Application forms No specific requirements. Forms and application information must be posted online,
sometimes in multiple languages.
Other
Funding for basic aid districts 70 percent of LCFF base rate. 25 percent of LCFF base rate.
Information shared with home A summary of the transfer requests approved A preliminary list of students transferring for the upcoming
districts for the upcoming year by May 15. year by February 15 and an updated list by May 2.
CDE = California Department of Education and LCFF = Local Control Funding Formula.
county board of education. After students receive transfers that exceed certain annual limits, which vary
their permits, their new districts typically require based on district size. Prior to 2016, this program
them to maintain satisfactory attendance, behavior, operated under a series of temporary extensions.
and grades as a condition of remaining enrolled. Chapter 106 of 2016 (AB 2537, O’Donnell) made the
Chapter 781 of 2019 (AB 1127, Rivas) made several law permanent.
changes to the interdistrict permit system. Most Open Enrollment Act Formerly Provided
notably, the law now prohibits districts from granting Another Transfer Option. In 2010, the state
or denying a permit application based on a student’s enacted the Open Enrollment Act, a law designed
academic performance, athletic ability, or any other to provide additional options for students attending
personal characteristic. The law also contains a new schools with low test scores. The law required the
requirement for districts to provide “transportation state to rank schools according to the performance
assistance” to low-income students upon request. of their students on state assessments and place
Districts May Accept Transfers Based on the 1,000 schools with the lowest scores on the
Parental Employment. A state law adopted in 1986 “Open Enrollment List.” A student attending one of
allows a district to admit any student who has at these schools could transfer to another school within
least one parent or legal guardian employed within or outside of the district, provided that school had
the boundaries of that district for at least ten hours higher test scores and available space. In 2016-17,
during the school week. (The law is frequently known the state implemented a new accountability system
as the “Allen Bill” after its author, Assembly Member under which it publishes multiple measures of
Doris Allen.) If a district participates in this program, performance for each school based on test scores,
it may not deny a transfer based on a student’s graduation rates, attendance rates, and suspension
personal characteristics, including race, ethnicity, rates, among other indicators. The new system does
parental income, and academic achievement. It may, not specify a mechanism for ranking schools, and the
however, deny the transfer of a student who would state no longer publishes the Open Enrollment List.
cost more to educate than the additional funding Due to these changes, transfers under this law are no
generated for the district. The law also allows the longer available.
districts from which students are leaving to prohibit
8 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
FINDINGS
In this section of the report, we share our findings, in elementary or middle school and one-third are
organizing them around the areas of district and in high school (similar to the state as a whole). As
student characteristics, districts finances, academic Figure 5 (see page 11) shows, these students
outcomes, and program oversight. Within each are concentrated among five large districts. One
section, our analysis responds to the statutory district, the Walnut Valley Unified School District
requirements for the evaluation as well as questions in eastern Los Angeles County, enrolls more
posed by the Legislature and legislative staff. Most of than 3,000 participating students—nearly one-third
our findings reflect data for 2018-19—the first year of the total. The five largest districts combined enroll
in which the state collected complete data for the nearly 7,000 students (more than 70 percent of the
program. Where possible, we make comparisons to total). As we discuss in the box on page 12, most
the results in our previous evaluation, which reflected Districts of Choice also accept students through the
2014-15 data. We also draw upon several district interdistrict permit system. (On a statewide basis, the
interviews we conducted during the fall of 2019 and a interdistrict permit system has far more participating
larger set of interviews we conducted for our previous districts and students.)
evaluation. Figure 3 (see next page) summarizes our Apart From Five Largest Districts, Most
findings, which we discuss in detail below. Districts of Choice Are Small and Rural. The five
districts with the greatest participation range from
DISTRICT AND STUDENT medium to large in size. All five are located in urban or
CHARACTERISTICS suburban areas, and all are unified (enrolling students
in grades K through 12). These characteristics differ
Below, we provide information about the districts notably from the other 40 districts participating in the
participating in the program and the characteristics program. Among these other districts, 78 percent
of students who transfer to them. We also compare have fewer than 1,000 total students, 78 percent are
these students to their home districts and explore located in rural parts of the state, and 83 percent are
how the program affects racial balance. Finally, we elementary districts (enrolling students in grades K
analyze differences in participation based on family through 8 only).
income and a few other student characteristics. Fewer Participating Districts Compared
With 2014-15. We estimate that 49 districts were
Overview of Participation
participating in the program in 2014-15. This total
State Has 45 Districts of Choice. The state includes the 47 districts identified in our previous
had 45 registered Districts of Choice during evaluation and two small districts we identified later.
the 2018-19 school year, representing 5 percent Between 2014-15 and 2018-19, 13 of these districts
of the 944 districts in the state. As Figure 4 (see left the program and 9 new districts joined the
page 11) shows, participating districts are located program. This turnover occurred mainly among small
throughout the state. The highest concentrations are districts. In both 2014-15 and 2018-19, the same five
located in Los Angeles and surrounding counties, the large districts accounted for most of the participating
North Bay, and the southern part of the Central Valley. students.
Districts of Choice Enroll About 9,600 Transfer Most Districts Leaving the Program Cited
Students. We identified 9,568 students using the Reductions in State Funding or Increases
District of Choice program as of the 2018-19 school in Resident Enrollment. We analyzed the
year, representing less than 0.2 percent of students characteristics of the 13 districts leaving the program
in the state. This total reflects our estimate of all and surveyed their superintendents. We found
transfer students actively enrolled in 2018-19, that four of these districts had no transfer students
regardless of the year in which they first transferred. enrolled as of 2014-15, making their departure
Approximately two-thirds of these students are from the program largely a formality. The remaining
www.lao.ca.gov 9
analysis full
gutter
AN LAO REPORT
Figure 3
Summary of Findings
District and Student Characteristics
Program Scope. As of 2018-19, the state has 45 Districts of Choice enrolling
nearly 9,600 transfer students.
Participation by Race. Latino students recently overtook white students as the largest users
of the program. As of 2018-19, participating students are 40 percent Latino, 28 percent Asian,
and 26 percent white (less than 7 percent belong to other groups). Relative to their share of
home district enrollment, Asian students and white students transfer at relatively high levels,
and Latino students transfer at relatively low levels.
Effects on Racial Balance. The program appears to increase racial balance for some
districts and reduce it for others, although these changes typically are small. Compared to a
hypothetical alternative in which all students return to their home districts, the overall effect
of the program on racial balance is a minor decrease. Compared to a more likely alternative
in which only some students return to their home districts, the overall effect appears neutral.
Participation by Income Level. Low-income students account for 32 percent of program
participants, an increase of 5 percentage points relative to 2014-15. Low-income students
transfer at low rates compared with their share of home district enrollment. The early
application deadline for the program (January 1) can be a challenge for these students.
District Finances
Effects on Enrollment. The median District of Choice generates 22 percent of its total
enrollment from students transferring through the program. These districts draw students
from 196 different home districts. Enrollment decreases among home districts tend to be
small (usually less than 1 percent and rarely more than 5 percent).
Basic Aid Districts. Basic aid school districts have reduced the number of students they
are willing to accept through the program in response to the lower funding rate the state
implemented for these districts in 2017-18.
Academic Outcomes
Educational Options. The program allows students to access educational options that are
not offered by their home districts, such as schools with specialized themes or instructional
models. In the specific academic areas we examined, students gained access to an average
of five to seven courses not offered by their home districts. Nearly all students transfer to
districts with higher test scores than their home districts.
Home Districts. Home districts often respond to the program by taking action to retain
students, such as adding new programs or educational options. The home districts most
affected by the program have made above-average gains in student achievement over the
past several years, although the role of the program in these gains is uncertain.
Program Oversight
Audit Results. Auditors did not find any districts improperly denying transfer applications.
Three small districts, however, did not complete all of the paperwork required to register for
the program in 2018-19.
Transfer Denials by Districts of Choice. Districts of Choice approved nearly 90 percent
of the transfer applications they received in 2018-19. Almost all denials involved districts
reaching their locally determined transfer limits.
Transfer Denials by Home Districts. At least four home districts have prohibited all
future transfers using the cumulative cap. Most of the drop in student participation
between 2014-15 to 2018-19 appears related to this cap.
10 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
Figure 4
DDiissttrriiccttss ooff CChhooiiccee iinn CCaalliiffoorrnniiaa
As of 2018-19
Transfer Students Enrolled
More Than 500
Fewer Than 500
Figure 5
Participation in the District of Choice Program
2018-19
Share of Enrollment
District of Choice Share of All District Total District From District of Choice
District(s) Students of Choice Students Enrollmenta Program
Walnut Valley Unified 3,025 32% 13,879 22%
Oak Park Unified 1,424 15 4,579 31
Riverside Unified 992 10 40,708 2
West Covina Unified 790 8 8,754 9
Glendora Unified 734 8 7,198 10
Basic aid districts (18) 969 10 12,440 8
All other districts (22)b 1,634 17 30,954 5
Totals 9,568 100% 118,512 8%c
a
Excludes students attending independently managed charter schools.
b
Includes five districts with no students currently participating in the program.
c
This average is affected by a handful of relatively large districts with relatively few participating students. The median is 22 percent.
www.lao.ca.gov 11
analysis full
gutter
AN LAO REPORT
Comparing the District of Choice Program With Interdistrict Permits
District of Choice Program Is Small Compared With the Interdistrict Permit System.
Whereas 9,568 students were using the District of Choice program in 2018-19 (less than 0.2 percent
of all students statewide), 146,109 students were using an interdistrict permit (2.4 percent of
students). Similarly, the 45 districts participating in the District of Choice program compare with
the 635 districts accepting students through interdistrict permits. Although we are uncertain what
factors account for this difference, we did ask district administrators about potential explanations.
Several noted that in cases where home districts were willing to sign interdistrict permits,
participation in the District of Choice program often seemed unnecessary. Others believed districts
preferred the interdistrict permit system because it provides districts with more control (such as the
ability to revoke transfers by students with poor behavior or grades).
Most Districts of Choice Accept Students Through Interdistrict Permits. We found that 31 of
the 45 participating districts accept students through both the District of Choice program and the
interdistrict permit system. These 31 districts had 4,870 students enrolled through interdistrict
permits in 2018-19—about half as many as they received through the District of Choice program.
(The state generally does not publish statewide or district-level data for the interdistrict permit
system. Our analysis relies upon a special data extraction prepared by the California Department of
Education.)
nine districts also had relatively low participation, 1,304 students among districts that participated
averaging around 20 transfer students each as in the program in both 2014-15 and 2018-19,
of 2014-15. Of the six districts responding to our (2) a decrease of 180 students associated with
survey, three were basic aid districts that cited the the 13 districts that left the program after 2014-15,
lower funding rate the state adopted in 2017-18. and (3) an increase of 713 students associated with
According to these districts, the funding generated the 9 districts that recently joined the program. The
by their transfer students no longer justified the cumulative cap on transfer activity appears to be a
costs of the program. Two districts attributed their major factor in the overall decrease over the period.
decision to increases in their residential enrollment. We provide more detail on these trends later in this
These districts indicated that due to space and report.
other constraints, they no longer were interested
Participation by Race
in accepting students from other districts. The last
district indicated that permissive interdistrict permit Latino Students Account for the Largest Share
policies adopted by other districts in its county of Participating Students. Data for the District of
had made its participation in the District of Choice Choice program show that participating students
program unnecessary. were 40 percent Latino, 28 percent Asian, and
Fewer Participating Students Compared 26 percent white as of 2018-19. All other subgroups
With 2014-15. We estimate that 10,339 students account for a much smaller share of program
were using the program in 2014-15. (This total participants. Students indicating they belong to
reflects the estimate from our previous evaluation, two or more races accounted for 3.5 percent of
with an adjustment for students attending the program participants. Black students accounted
two districts we identified later.) Compared for 2.4 percent, and American Indian and Pacific
with 2014-15, program participation in 2018-19 is Islander students each accounted for less
down 771 students (7.5 percent). This decrease than 0.5 percent.
is the net change resulting from (1) a decrease of
12 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
Share of Latino Students Figure 6
Rising Over Time. Figure 6 shows
Latino Students Have Become the
how the program has changed
Largest Users of the Program
from 2014-15 to 2018-19. Most
notably, Latino students overtook Share of Total District of Choice Students
white students as the largest
40%
users of the program over this
period. This increase is due to a 35
majority of participating districts 2014-15
30
(about 60 percent) increasing 2018-19
their share of Latino students,
25
including a significant increase in
Riverside Unified (one of the five 20
large districts). In addition, two
15
smaller districts with especially high
shares of Latino transfer students
10
(72 percent for one district and
97 percent for the other district) 5
joined the program after 2014-15.
Asian Students Participate
Latino Asian White Blacka All Othera, b
at the Highest Levels Relative
to Their Share of Home District a Due to limitations in the 2014-15 data—as well as the very small number of students involved—changes
for these groups should be interpreted with caution. The differences from 2014-15 to 2018-19 may reflect
Enrollment. After analyzing better data rather than changes in underlying levels of participation.
trends in overall participation, we b Consists of students who identified as American Indian, Pacific Islander, or two or more races.
examined relative participation
levels for the three largest
Figure 7
groups of students using the
program. Figure 7 compares the Comparing Shares of Students by Race
share of students using the program Share of Total, 2018-19
with the average among home
districts. Although Latino students 70%
account for the largest users of Participating Transfer Students
the program, they participate at 60 Home District Averagea
relatively low levels compared District of Choice Averagea
50
with their overall share of home
Students on Interdistrict Permitsb
district enrollment. Specifically, they
40
Statewide Average
average 68 percent of home district
enrollment but only 40 percent of 30
participating transfer students.
By contrast, Asian students 20
have relatively high participation,
10
accounting for 9 percent of home
district enrollment and 28 percent
of participating transfer students. Latino Asian White
White students also have relatively
high participation, accounting a Reflects district averages calculated prior to District of Choice transfers. Excludes students attending charter
schools in these districts. Percentages are weighted according to the number of students transferring in or out
for 17 percent of home district through the District of Choice program.
enrollment and 26 percent of b Reflects weighted average for students transferring to a District of Choice using the interdistrict
permit system.
www.lao.ca.gov 13
analysis full
gutter
AN LAO REPORT
participating students. As the figure shows, these developed by the Ed-Data Partnership in the 1990s.
trends are not unique to the District of Choice The EDI measures the extent to which a district’s
program. Similar differences in participation are students are distributed evenly among the racial
evident in the interdistrict permit system. categories tracked by the state. It can theoretically
Differences Between Participating Students range from 0 (for a district in which all students
and Home Districts Have Narrowed Somewhat belong to a single race) to 100 (for a district with
Over Time. The differences in participation by race equal numbers of students from every category).
mirror the findings from our previous evaluation of For our analysis, we adjusted the EDI to focus on
the program. Compared with our previous findings, Latino, Asian, and white students (the largest users
however, the differences between participating of the program). For an individual district, incoming
transfer students and their home districts have or outgoing transfer students increase the EDI when
narrowed somewhat (Figure 8). In 2014-15, the they reduce the differences in the share of enrollment
difference between the share of Latino students using attributable to each group. Conversely, they decrease
the program (32 percent) and their share of home the EDI when they magnify these differences. (Our
district enrollment (66 percent) was 34 percentage analysis focuses specifically on changes at the district
points. In 2018-19, this difference had decreased level. School level transfer data are not available.)
to 28 percentage points. Differences in the share …And Two Counterfactual Scenarios. To
of white students using the program also have analyze changes in racial balance, we compared the
decreased to some extent. current distribution of students with the distribution
Effects on Racial Balance Analyzed Using that would exist in the absence of the program. Our
the Ethnic Diversity Index (EDI)... Overall student first counterfactual assumed all students would
characteristics and relative participation levels attend their home districts. Although this assumption
do not necessarily indicate how the program is provides a baseline, we do not think it reflects how
affecting racial balance among districts. To address students would react to the end of the program.
the Legislature’s questions about changes in racial District administrators often told us students and
balance, we rely upon a version of the EDI, an index parents had strong feelings about transferring. In a
survey involving a similar program
in Wisconsin, only about one-third
Figure 8
of parents indicated they were
Differences in Participation Levels
“very likely” to send their children
Have Decreased Somewhat
to their home districts if the
Difference Between Home Districts and Transfer Students,
interdistrict transfer option did not
In Percentage Pointsa
exist. Another one-third said they
30 were “not at all likely” to do so. Our
second counterfactual simulates
2014-15
20
a more realistic alternative by
2018-19
assuming about one-third of
10
Above average students using the program would
participation
transfer to the same districts using
Asian White Below average
participation the interdistrict permit system,
-10
another one-third would attend
-20 their home districts, and the
remainder would pursue some
-30
other option (such as a charter
-40 Latino school). Our second counterfactual
accounts for differences in the
a For each group, reflects the average percentage of students transferring through the willingness of home districts to
District of Choice program minus the average percentage of home district students.
grant interdistrict permits. It also
14 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
assumes low-income students would be much more in EDI for the subset of districts most affected by
likely to attend their home districts than high-income the program. (The figure contains all districts with
students. (District administrators told us that at least 300 total students and at least 2 percent
higher-income students were more likely to have of their enrollment transferring in or out through
explored other options before settling on the District the program.) The top portion shows the effect of
of Choice program.) the program relative to the alternative in which all
Districts of Choice Becoming Slightly students return to their home districts. Relative to this
More Balanced, Home Districts Slightly Less. baseline, Districts of Choice are becoming slightly
Figure 9 contains our estimates of the change more balanced overall, with their EDI increasing
Figure 9
Effects of the District of Choice Program on Racial Balance
Change in Ethnic Diversity Indexa
Program Effects Relative to the Alternative Where All Students Return to Their Home Districts
Less Balance More Balance
Districts of Choice
-5.0 -3.0 -1.0 1.0 3.0 5.0 7.0
Home Districts
Less Balance More Balance
District Group Average Overall Average
Program Effects Relative to the Alternative Where Students Pursue a Mix of Options
Less Balance More Balance
Districts of Choice
-5.0 -3.0 -1.0 1.0 3.0 5.0 7.0
Home Districts
Less Balance More Balance
a Reflects districts with at least 300 students and at least 2 percent of their enrollment transferring in or out through the District of
Choice program. Ethnic Diversity Index can range from 0 to 100.
www.lao.ca.gov 15
analysis full
gutter
AN LAO REPORT
by an average of 0.7. Home districts, on average, to qualify for the federal free or reduced-price meals
are becoming slightly less balanced, with their program. For the 2018-19 school year, a family of
EDI decreasing by an average of 1.0. The bottom four qualified for this program if its annual income
portion shows the effect of the program relative did not exceed $46,435. As a point of comparison,
to our second counterfactual, which accounts for 59 percent of all students statewide qualify for free or
the likelihood that students would pursue a mix of reduced-price meals. (The program data technically
options. Relative to this baseline, the increase in the include all students—regardless of income—who are
EDI for Districts of Choice still averages 0.7. The homeless, migrant, or foster youth, or who come from
average decrease for home districts, however, drops families in which neither parent received a high school
to 0.4. The effect on home districts is smaller in the diploma. Virtually all of these students qualify for free
second counterfactual because of the assumption or reduced-price meals.)
that some of the students who live in those districts Share of Low-Income Students in the Program
would not attend those districts even if the program Rising Over Time. The share of low-income
did not exist. In practical terms, the effect of the students using the program has risen 5 percentage
program on racial balance in most districts is small. points since 2014-15, when low-income students
For example, an EDI decrease of 1.0 would be the accounted for 27 percent of program participants.
equivalent of a district that is 70 percent Latino and The most notable development explaining this
30 percent white becoming 71 percent Latino and increase is that all five of the large Districts of Choice
29 percent white. Although Figure 9 shows a few increased their share of low-income students over the
districts are experiencing somewhat more notable period. In addition, two smaller districts with very high
increases or decreases in their EDI, these districts are shares of low-income transfer students joined the
exceptions. program between 2014-15 and 2018-19.
Under the More Likely Counterfactual Low-Income Students Have Relatively Low
Scenario, the Statewide Effect Is Neutral. Under Participation. Figure 10 compares the share
the counterfactual where all students return to of low-income students transferring through the
their home districts, the average change in the EDI program with the corresponding share among all
across all Districts of Choice and home districts students who attend a District of Choice or home
in Figure 9 is a decrease of 0.4.
This decrease corresponds to Figure 10
a minor net decrease in racial
Comparing Shares of Students That Are Low Income
balance overall. Under the more
Share of Total, 2018-19
likely counterfactual, however,
the average change across those
80%
districts is zero. (We also analyzed
70
changes in the EDI based on larger
60 Statewide Average
or smaller subsets of affected
50
districts. These analyses produced
results similar to those discussed in 40
this section.) 30
20
Participation by Income
10
Level
Participating Home District District of Choice Students on
Approximately One-in-Three Transfer Students Averagea Averagea Interdistrict Permitsb
Participating Students Is Low
a Reflects district averages calculated prior to District of Choice transfers. Excludes students attending charter
Income. The available data show schools in these districts. Percentages are weighted according to the number of students transferring in or out
through the District of Choice program.
that 32 percent of participating
b Reflects weighted average for students transferring to a District of Choice using the
transfer students came from
interdistrict permit system.
families with incomes low enough
16 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
district. Overall, the share of participating students especially likely to describe the January 1 deadline as
who are low income is slightly lower than the a barrier to participation, whereas districts receiving
average for Districts of Choice (38 percent) and fewer applications from these students saw this
much lower than the average for home districts deadline as less of an issue.
(67 percent). Compared with their higher-income
Other Student Characteristics
peers, low-income students are about half as likely to
participate in the program. This difference, however,
English Learners Participate at Relatively Low
has shrunk somewhat over time. In 2014-15, Rates. State law requires all districts to identify
low-income students transferred at only 40 percent English learners using a home language survey
of the rate of their higher-income peers. As a further and an assessment of their ability to read and write
comparison, we examined the share of low-income English. Students maintain their designation as
students transferring through the interdistrict permit English learners until they pass an examination
system. We found that 41 percent of these students demonstrating proficiency. Available data show that
are low-income, which is somewhat higher than the as of 2018-19, 6 percent of the students using the
share for the District of Choice program but still low District of Choice program were English learners.
compared with the average home district. (For all of As Figure 11 shows, this share is notably lower
these comparisons, we weighted districts based on than the average for home districts (20 percent) and
the number of students transferring in or out.) somewhat lower than the average for Districts of
Early Application Deadline Could Be an Issue Choice (12 percent). Although we are not certain of
for Low-Income Students. We asked districts if all the factors explaining these differences, some
any particular requirements of the program could portion could be attributable to differences in student
be limiting participation for interested students. progress. Available data show that students attending
The most common responses revolved around the Districts of Choice have above-average scores on
January 1 application deadline. Several districts measures of progress toward English proficiency. To
described this deadline as hindering
participation in two ways. First, Figure 11
it requires students and their
parents to begin thinking about Program Participation for
transferring for the upcoming English Learners and Students With Disabilities
school year in the fall of the previous Share of Total, 2018-19
school year. For a district that
Participating Transfer Students
begins school in late August, the 25%
Home District Averagea
January 1 deadline comes nearly
eight months before the start 20 District of Choice Averagea
of the school year. Interviewees Students on Interdistrict Permitsb
indicated some students have
15 Statewide Average
not yet begun considering their
options by this point. Second,
10
the January 1 deadline usually
falls during the middle of winter
break. Districts indicated that 5
communicating with students
and providing reminders about
English Learners Students With Disabilitiesc
the deadline during the break is
more difficult compared to when a Reflects district averages calculated prior to District of Choice transfers. Percentages are weighted according to
school is in session. Administrators the number of students transferring in or out through the District of Choice program.
from districts receiving relatively b Reflects weighted average for students transferring to a District of Choice using the interdistrict permit system.
high numbers of applications c District averages include school-age children only.
from low-income students were
www.lao.ca.gov 17
analysis full
gutter
AN LAO REPORT
the extent transfer students experience similar gains, DISTRICT FINANCES
they would transition out of English learner status
In this section, we examine how the District of
more quickly.
Choice Program affects district enrollment levels and
Students With Disabilities Participate at
rates of fiscal distress. We also analyze the reduction
Relatively Low Rates. State and federal laws require
in funding for basic aid districts.
all districts to identify students with disabilities that
affect their ability to learn. The available data show
Effects on Enrollment
that 8 percent of the students using the District of
Choice program in 2018-19 had a disability. This Some Districts of Choice Generate a Notable
share compares to the district average of 9 percent Share of Their Enrollment Through the Program.
for Districts of Choice and 12 percent for home Changes in enrollment are an important fiscal issue
districts. (These percentages exclude students with for districts because the state allocates most funding
disabilities who are outside the traditional school based on student attendance. As Figure 12 shows,
age.) A small portion of this difference likely reflects participating districts generate varying shares of
the fact that approximately 1-in-20 students with their total enrollment through the program. For the
disabilities receives instruction in a non-district median district, 22 percent of enrollment consists
setting. The most common non-district setting is a of transfer students. Very small districts (those
special day class operated by a COE. (Special day with fewer than 300 students) are especially reliant
classes are designed for students with relatively on the program—the median share among these
severe disabilities and often employ specialized districts is 35 percent of enrollment. Many of these
instructional techniques.) A few students with severe small districts indicated they joined the program to
disabilities receive instruction in nonpublic schools gain economies of scale and keep their enrollment
or residential facilities. For students in non-district from dropping to a level where they would not be
settings, transferring from one district to another fiscally viable. For larger districts (those with more
likely provides less benefit than other forms of choice than 300 students), the median share is 9 percent
(such as being able to choose their specific special of enrollment. Many of these districts described
day class). As Figure 11 shows, the share of students declining enrollment as the key fiscal factor prompting
with disabilities transferring through them to join the program. Some districts also noted
the interdistrict permit system is
similar to the share for the District Figure 12
of Choice program. Participating Transfer Students Represent
Equal Participation by Gender. Varying Shares of Total District Enrollment
The data show that show male and Number of Districts, 2018-19
female students each accounted
16
for 50 percent of the students
using the program in 2018-19. The 14
variation among individual districts Median Share = 22 Percent
12
also is relatively small. When we
examined individual districts with 10
at least 50 transfer students, the 8
share of female students ranged
6
from 40 percent to 60 percent.
These results are similar to 4
our previous findings based
2
on 2014-15 data.
Less than 10% 10 to 20% 20 to 30% 30 to 40% 40 to 50% More than 50%
Share of Enrollment Attributable to the Program
18 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
that neighboring districts had
Figure 13
become less willing to approve
Relatively Small Share of Students
interdistrict permits than they were
Transferring Out From Most Home Districtsa
in the past.
Number of Districts, 2018-19
Most Home Districts
Experience Relatively Small 16
Changes in Their Enrollment.
14
The 45 districts participating in the
12
program receive transfer students
from 196 different home districts. 10
We found that 147 of these 8
districts have less than 1 percent
6
of their students attending a
4
District of Choice. Among the
other 49 districts, the share of 2
students transferring out also
1 to 2% 2 to 3% 3 to 4% 4 to 5% 5 to 6% More than 6%
tends to be small (Figure 13). We
identified seven districts with more Share of Students Transferring Outb
than 6 percent of their students a For display purposes, excludes 147 home districts for which the share transferring out is less than 1 percent.
transferring out. All of these districts b Share of total home district students attending a District of Choice as of 2018-19. Percentages are based on
pre-transfer enrollment levels.
had extremely low enrollments
(averaging 82 students), such
that a small number of students
their enrollment levels and saw the District of Choice
leaving accounted for a relatively large percentage
program as contributing to these declines. Districts
of their enrollment. Although the share of students
noted that declining enrollment could require them
transferring out tends to be small, home districts
to close schools, lay off staff, or take other difficult
typically cited the corresponding reduction in state
actions to balance their budgets. Many of these
funding as their chief concern about the program.
districts also are affected by the interdistrict permit
These districts often reported long-term declines in
system, as we discuss in the box below.
Districts Affected by District of Choice Program and Interdistrict Permits
Interdistrict Permits Can Amplify or Reduce Changes Attributable to the District of Choice
Program. We analyzed interdistrict permit transfers for the 25 home districts with the highest share
of students transferring out through the District of Choice program. We found that interdistrict permit
transfers often have larger effects on enrollment than the District of Choice program. Specifically,
nearly half of these districts had more students transferring out through interdistrict permits than the
District of Choice program. As a group, these 25 districts reported about 4,500 students transferring
out through the interdistrict permit process, compared with 3,400 students transferring out through
the District of Choice program. We also found that most of these districts had at least some students
transferring in through interdistrict permits, in some cases offsetting a significant portion of the
decrease in their enrollment. Six of these districts had net increases across both programs, meaning
the total number of students transferring in from other districts exceeded the number of students
transferring out.
www.lao.ca.gov 19
analysis full
gutter
AN LAO REPORT
Rates of Fiscal Distress
Figure 14
Low Rates of Fiscal Distress Low Levels of Fiscal Distress
for Districts of Choice and From 2014-15 Through 2019-20a
Home Districts Over the Past Number of Districts in Distressb
Five Years. Figure 14 shows the
5
number of districts in fiscal distress
among the 25 Districts of Choice
and 25 home districts with the 4
highest percentage of students
Home districts
transferring in or out through the 3
program. For this analysis, we
identified a district as being in
2
distress if it received a qualified or
negative budget rating. (State law
requires COEs to review district 1
budgets at least twice per year Districts of
Choice
and assign qualified ratings when
districts are at risk of not meeting 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20
their financial obligations in the
a Fiscal distress defined as a district receiving a qualified or negative budget rating from its
current or upcoming two years and county office of education.
b Reflects the number of districts in distress out of the 25 Districts of Choice and the 25 home districts
negative ratings when districts face
with highest shares of students transferring in or out, respectively. Excludes districts with fewer than
immediate budget problems.) Few 100 students from both groups, as these districts are more likely to be funded with a special formula
that is not tied directly to student attendance.
districts in either group received
qualified or negative ratings over
the past five years, likely reflecting districts we interviewed indicated this reduction had
the significant increases in per-pupil funding the caused them to become more cautious and reduce
state provided over the period. As Figure 14 shows, the number of students they were willing to accept
4 of the 25 home districts reported distress in the through the program. As an example, one district
first half of 2019-20, the highest number over the noted that if it needed to hire another teacher, the
period. In their local budget documents, these cost would exceed the funding generated by its
districts attributed their distress to multiple factors, transfer students. In addition, six of the nine districts
including projections for slower funding growth in the that were enrolling transfer students in 2014-15 but
future, rising pension costs, higher costs for special subsequently left the program were basic aid
education, and declining enrollment. districts.
Basic Aid Districts
ACADEMIC OUTCOMES
Fewer Students Transferring to Basic
Below, we describe how the program can benefit
Aid Districts Since State Reduced Funding.
participating transfer students. After that, we review
Figure 15 (see next page) shows the number
some of the changes home districts have made to
of students attending basic aid school districts
retain and attract students.
through the District of Choice program. (Due to data
limitations, the numbers in Figure 15 exclude most
Transfer Students
students transferring from other basic aid districts.)
Between 2016-17 and 2019-20, the number of Nearly All Students Transfer to Districts With
transfer students attending basic aid districts Higher Test Scores. The state’s assessment system
decreased by 227 students (24 percent). This decline tests students for proficiency in mathematics and
began in 2017-18, corresponding to the year in English Language Arts in grades 3 through 8 and 10.
which the state reduced funding. Several basic aid To compare test scores across districts, we analyzed
20 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
Figure 15
Fewer Students Attending Basic Aid Districts Through the Program
Attendance Attributable to District of Choice Studentsa
Per-pupil funding rate for basic aid districts reduced
from 70 percent to 25 percent.
1,000
800
600
400
200
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20
a Due to data limitations, excludes attendance generated by most students transferring from other basic aid districts.
Figure 16
the share of students meeting
or exceeding state performance
Most Students Transferring to
standards in 8th grade mathematics.
Districts With Higher Test Scores
(Focusing on 8th grade allows us
Share of Students Meeting State Standards at
to include elementary districts.)
District of Choice Relative to Home District a
In 2018-19, 37 percent of all
students in the state met this
Lower
standard. The average among
Districts of Choice was well above
Somewhat higher
the state average (55 percent), Much higher (up to 20 percentage points)
(more than 40
whereas the average among home
percentage points)
districts was slightly below average
(33 percent). (In calculating these
percentages, we weighted each
district to account for the number
of students transferring in or out.)
As Figure 16 shows, nearly all
students (89 percent) transfer to
districts with higher test scores
than their home districts. We found Higher
(20 to 40 percentage points)
similar results when we analyzed
transfer patterns using scores in a As measured by student performance on eighth grade mathematics assessments
other grades and scores for English in the spring of 2019.
Language Arts.
www.lao.ca.gov 21
analysis full
gutter
AN LAO REPORT
Nearly All Students Transfer to Districts With Career Technical Education (CTE) pathways. (A CTE
Higher College-Going Rates. Many participating pathway is a broad grouping of courses organized
districts believed one factor attracting students around 1 of 15 industry sectors.) First, we compared
was the high proportion of their graduates who the total number of courses offered in each student’s
attend college. For our analysis, we analyzed District of Choice with the number of courses offered
transfer patterns using the college-going rate in the home district. As the top portion of Figure 17
for each district. The state defines this rate as (see next page) shows, the average student
the percentage of students enrolling in a public transferred to a district with a few more Advanced
or private postsecondary institution (including a Placement, International Baccalaureate, and foreign
community college) the year after completing high language courses and slightly fewer arts and music
school. For 2017-18 (the latest year available), courses and CTE pathways. Next, we examined the
the average college-going rate across all districts specific subjects taught within each area. For this
was 64 percent. The average among Districts of analysis, we tallied the number of unique courses
Choice was well above average (79 percent), whereas taught in each student’s District of Choice but not
the average among home districts was slightly above taught in the home district. For example, two districts
average (67 percent). We also found that nearly all might offer the same number of foreign language
students (95 percent) transfer to districts with higher courses, but one district might teach Mandarin while
college-going rates than their home districts. the other teaches German. As the bottom portion of
Program Provides Participating Students Figure 17 shows, in each area the average student
With Additional Educational Options… During gained access to five to seven courses not offered in
our interviews, we asked participating districts to the home district. We also found that the reverse is
describe the academic programs they believed true—a home district generally offers some courses
were attracting students. Districts frequently not available in the District of Choice.
mentioned college preparatory courses (including Surveys in Other States Find Participating
courses affiliated with the Advanced Placement Families Are Highly Satisfied. Although we did
and International Baccalaureate programs), foreign not have the ability to survey families participating
languages, and arts and music as the options most in the District of Choice program, we did review
frequently sought out by their transfer students. In a surveys conducted in three other states with similar
few cases, districts described students transferring to interdistrict transfer options. These surveys all found
attend schools with a specific theme or instructional that more than 90 percent of families using the
model. For example, one district indicated it operated program were satisfied or very satisfied with their
the only high school in the area with a “community new schools. In addition, fewer than 10 percent
schools” model. (This model focuses on linking of families were thinking about changing schools
schools with other local resources to improve student again or returning to their home districts. A survey
achievement and family engagement.) Another conducted in Minnesota asked parents to elaborate
district indicated it received transfer applications on the behavioral changes they observed in their
from students seeking to attend an arts and media children during the first year in their new schools.
academy that emphasized hands-on training and Parents most frequently described improvements
career preparation for students interested in those in self-confidence, satisfaction with learning, and
fields. motivation, with about 60 percent of parents saying
…Including a Different Variety of Courses their children were doing better in these areas after
Compared With Home Districts. After our transferring and less than 3 percent saying their
interviews, we analyzed data on the courses available children were doing worse. Administrators for the
to students who transfer through the District of Districts of Choice we interviewed consistently
Choice program. We focused on the types of courses reported similar results, characterizing their transfer
districts mentioned most—Advanced Placement, students as happy with their new schools and
International Baccalaureate, foreign languages, and generally doing at least as well academically as
arts and music. We also analyzed the availability of resident students. Most administrators of these
22 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
Figure 17
Analyzing Changes in Course Availability for Participating Transfer Students
Districts of Choice Offer More Courses in Some Areas, Fewer in Other Areas
Average Change in Total Courses Offered From Home District to District of Choicea
2
1
Arts and Music CTE Pathwaysb
Foreign Advanced International
Languages Placement Baccaleurate
-1
-2
-3
Districts of Choice Offer Students a Different Mix of Courses Than Their Home Districts
Average Number of Unique Courses Offered by the District of Choicea, c
8
7
6
5
4
3
2
1
Foreign Advanced International Arts and Music CTE Pathwaysb
Languages Placement Baccaleurate
a Reflects high school-level courses. Excludes courses with fewer than ten students.
b Based on the number of pathways for which the district offers at least one course.
c “Unique courses” means courses offered by a student’s District of Choice but not available in the home district.
CTE = Career Technical Education.
www.lao.ca.gov 23
analysis full
gutter
AN LAO REPORT
programs also cited high retention rates, with improved their performance at a faster pace, with
relatively few students returning to their home the share of their students meeting standards
districts. increasing by 7.6 percent over the same period. (For
this analysis, we focused on the 20 home districts
Home Districts
with the highest shares of students transferring
Home Districts Taking Action to Attract and out and at least 200 total students. Districts with
Retain Students. Although home districts expressed fewer students often experience more notable
reservations about the program, several responded fluctuations in their annual test results.) Although
to it by taking steps to attract and retain students. we are uncertain about the effect of the District of
As we described in our previous evaluation, some Choice program on these gains, the improvement
districts convened community meetings to ask among home districts exceeded the improvement
families about their concerns and the potential among a comparison group consisting of districts
changes that could increase their satisfaction and with similar 2014-15 achievement levels and similar
attract students back. In other cases, they identified shares of low-income students as the typical home
the districts their students were leaving to attend and district, but no students transferring out through the
studied programs that were popular in those districts. program. Districts of Choice also improved, but at a
In some instances, districts discovered concerns somewhat slower rate than home districts (potentially
related to their academic programs, such as a desire because their achievement levels in 2014-15 already
for more college preparatory courses or greater focus were relatively high). Improvements in test scores for
on science and math. In other cases, districts realized English Language Arts followed a similar pattern. We
their communities wanted other changes, such also found that the gains for both home districts and
as more opportunities to transfer to other schools Districts of Choice were relatively consistent across
within the district. Districts made the implementation student subgroups.
of changes to address these
concerns a priority. Although the Figure 18
success of these efforts is difficult
Home District Performance Improving Faster Than Average
to measure, we found that some
Median Increase in Share of Students
home districts have experienced Meeting State Standards (in Percentage Points)a
significant drops in the number
Home Districtsb
of students transferring out. For
10 Home District Comparison Groupc
this analysis, we focused on Districts of Choiceb
9
the 26 home districts with the Statewide Average
8
greatest number of students
transferring out in 2014-15. 7
By 2018-19, nine of these districts 6
had seen the number of students
5
transferring out decrease by at
4
least 20 percent. (We excluded
3
districts in which the reduction
2
was attributable to one of the
statutory transfer limits.) 1
Home Districts Improving
Mathematics English Language Arts
Test Scores Over Time.
Between 2014-15 and 2018-19, a Change from 2014-15 to 2018-19.
the share of students meeting b Each group consists of the 20 districts with the highest share of students transferring in (Districts of Choice)
or out (home districts) through the program and an overall enrollment of at least 200 students.
state standards in math increased
by 5.4 percent on a statewide c Consists of districts with similar 2014-15 achievement levels and similar shares of low-income
students as the median home district, but no students transferring out through the program.
basis (Figure 18). Home districts
24 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
PROGRAM OVERSIGHT Transfer Applications
In this section, we begin by analyzing the local Districts of Choice Report Accepting Nearly
audits of the District of Choice program. Next, All Transfer Applications. Based on the available
we describe the reasons districts deny transfer district data, we estimate that 1,853 students
applications and assess the provision of school applied to attend a District of Choice during
transportation. Finally, we examine a few data the 2018-19 application cycle. We estimate districts
collection issues. approved 1,650 of these applications, for an overall
acceptance rate of 89 percent. (These totals exclude
Audit Results approximately 600 applications withdrawn by the
students who submitted them.) Disaggregating the
Auditors Found No Major Issues, but Flagged
data by district, we found that 25 districts approved
Three Districts for Missing Paperwork. Local
all applications they received, 14 districts denied
auditors flagged three small districts for issues related
some applications, and 6 districts received no
to the District of Choice program during the 2018-19
applications.
audit cycle. Specifically, two districts received audit
Most Denials by Districts of Choice Related to
findings because they had not registered for the
Local Transfer Limits. Of the 14 districts denying
program in a timely manner. One of these districts
transfers, 10 indicated they had reached their locally
indicated it had been unaware of the new requirement
determined transfer limit. These districts ranged in
to register with the state. The other district cited
size, but most of them were basic aid school districts.
technical difficulties, indicating it had attempted to
The other four districts denying transfers cited other
complete the online registration form and had been
factors. Two districts issued denials because one
unaware CDE did not receive its information. The
of their home districts had invoked the cumulative
third district received an audit finding because it did
cap on transfers. (These districts explained that
not adopt a board resolution establishing its local
although their application materials indicated that
transfer limit. CDE resolved all three findings with
students from those home districts were ineligible to
the districts agreeing to implement new procedures
apply, they had still received a few applications from
to ensure compliance moving forward. When we
students residing in those districts.) Another district
examined these districts in 2020-21, we found
attributed its denials to applications it received after
all three had submitted timely registrations and
the deadline. (We understand that most districts stop
adopted the necessary board resolutions. As a point
processing applications after the deadline instead
of comparison, auditors identified 825 instances of
of reporting them as denied.) Only one very small
noncompliance across all of the school districts and
district indicated it had denied any transfers because
program areas subject to audit in 2018-19. Even
students were requesting a program the district did
accounting for the relatively small number of districts
not offer, and no districts denied transfers using the
participating in the District of Choice program, the
rule about displacement of existing students.
total number of audit findings issued for the program
was relatively low. Denials by Home Districts Generally Related
to the Cumulative Cap. In addition to examining
No Complaints Lodged With CDE. In addition
the reasons Districts of Choice deny transfers, we
to the audit process, we examined the new
examined denials by home districts. Although the
complaint procedure. CDE indicated it received
state does not collect systematic data, we identified
no complaints about districts failing to register or
four home districts that have invoked the 10 percent
refusing to submit data. Department staff noted that
cumulative cap. Students who transferred before the
most of the inquiries they received were for general
cap applied are not affected, but additional transfers
information about the program, including questions
from those districts are no longer allowed. We are
from superintendents exploring whether the program
uncertain how many transfers would have occurred
would be a good fit for their districts and questions
without the cap, but historical trends suggest the
from auditors seeking information about the new
number could be significant. Whereas 2,500 students
requirements.
from these four districts were attending a District of
www.lao.ca.gov 25
analysis full
gutter
AN LAO REPORT
Choice in 2014-15, only 1,900 students were doing found only minor differences. Transfer students
so as of 2018-19. The decline among students receiving transportation were 59 percent white and
transferring from these districts appears to be a key 33 percent Latino, whereas students not receiving
reason for the overall drop in program participation transportation were 55 percent white and 36 percent
over the period. We also found that home districts Latino. Finally, we examined whether districts were
rarely invoke any of the other statutory reasons for more likely to transport students from particular home
limiting transfers. districts. We found that only two of the seven districts
had a significant number of transfer students from
School Transportation
multiple home districts. In both districts, rates of
Relatively Few Districts of Choice Provide transportation were similar for students from each of
School Transportation. Available data show the home districts.
that 11 of the 45 Districts of Choice provided
Data Reporting
transportation for their transfer students. All of
these districts are small and rural, with an average Some Smaller Districts Interpreted State
enrollment of about 300 students each. Together, Reporting Instructions Differently. To obtain
they provided transportation for 290 (3 percent) of information on the socioeconomic and demographic
all students participating in the program in 2018-19. characteristics of transfer students, CDE asked
Although very few transfer students receive districts to flag those students in CalPADS. Most
transportation, the average for other students also districts flagged all transfer students enrolled as
is low. According to a federal survey conducted of 2018-19, regardless of the year in which those
in 2017, only 9 percent of students in the state students first transferred. Several districts flagged
receive district-provided transportation. The share is only a subset of these students—generally those
even lower in urban areas, where the larger Districts who transferred for the first time in 2018-19.
of Choice are located. Consistent with these findings, Regarding transfer approvals and denials, most
most districts we interviewed indicated they did not districts provided information for the 2018-19
provide transportation for resident
or transfer students.
Figure 19
Disadvantaged Students
Somewhat More Likely to Disadvantaged Students Somewhat
Receive Transportation. One More Likely to Receive School Transportation
reason the Legislature required Share of Total, 2018-19
districts to report transportation
50%
data was to determine whether Low-Income Students
districts were providing this service English Learners
on an equitable basis. Overall, we 40 Students With Disabilities
found that seven districts provide
transportation for some of their
30
transfer students and four districts
provide transportation for all
transfer students. Focusing on the 20
districts providing transportation
only to some transfer students,
10
we found that low-income
students and English learners
were somewhat more likely to
Receiving Transportation Not Receiving Transportation
receive transportation than other
students (Figure 19). When we a Most Districts of Choice do not provide school transportation to any transfer students. The
percentages in this figure reflect the average for the subset of students transferring to districts
analyzed the data by race, we that transport some of their students.
26 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
application cycle. Several districts, however, provided same topics that districts are required to include
information on applications and denials over several in their local reports. In both cases, districts are
years. Although these differences introduce some providing information about the number and
potential error in our analysis, the districts reporting characteristics of students who transfer through the
data differently account for a relatively small share of program. We also found that the format and content
students using the program. In addition, we adjusted of these local reports can vary widely. For example,
district data to provide for consistent comparisons in some districts provide extensive detail in their local
this report wherever possible. reports, whereas others provide highly summarized
State and Local Data Reporting Requirements information. Due to these differences, the local
Overlap. We found that the program information reports are much less useful for making comparisons
collected and published by CDE largely covers the among districts than the data collected and published
by CDE.
ASSESSMENT
In this section of the report, we review the main reductions in the number of students transferring out
strengths of the program. We then highlight a few over the past several years (excluding districts with
policies limiting access for students and discuss drops related to the cumulative cap) suggests that
differences in participation by student subgroups. students can respond positively to these efforts. In
addition, we found that students who remain in their
Strengths of the Program
home districts continue to make gains, with home
Provides Students With Additional Educational districts improving their test scores faster than most
Options. Students can benefit from the District of other districts.
Choice program in several ways, including being able Program Has Met or Is Making Progress
to take classes not offered in their home districts Toward the Legislature’s Goals. The Legislature
and attend programs that align with their personal made several notable changes as part of
interests and educational goals. Overall student the 2017 reauthorization of the program. Our
satisfaction with the program seems high, with understanding is that these changes broadly were
districts describing their transfer students as doing intended to (1) add transparency, by making program
well academically. Although the program is relatively data readily available; (2) enhance accountability,
small, it offers students a few advantages compared by creating a mechanism to monitor compliance
with the interdistrict permit system. Most notably, with core program requirements; and (3) increase
it allows students to transfer even if their home access, by promoting the participation of students
districts would not approve a permit and ensures who transfer at lower rates. Our findings suggest
students can remain in the program until graduation. the program has met the first two objectives and is
Finally, the program seems to have relatively broad making progress toward the third, as we discuss
appeal, attracting students from a range of racial below:
backgrounds, income levels, and geographic regions
• Transparency. The data posted by CDE
of the state.
provides detailed information about the number
Encourages Home Districts to Improve Their
of participating districts, the characteristics of
Programs. Despite their reservations about the
transfer students, and the outcome of transfer
program, some home districts took steps to address
applications. Moving forward, this information
the reasons students were leaving their districts.
will allow the Legislature and the public to
These steps included learning more about the
monitor and assess changes in the program
priorities of their communities and adjusting their
more easily.
instructional options accordingly. Our finding that
about one-third of home districts saw significant
www.lao.ca.gov 27
analysis full
gutter
AN LAO REPORT
• Accountability. The new audit procedure Early Application Deadline. The
found no systemic problems or districts January 1 deadline limits the program to students
discriminating against interested students. The who plan to transfer well in advance of the school
few issues identified by the auditors seem to year. Some districts believed low-income students
reflect unintentional oversights or districts being were particularly affected by this deadline because
unfamiliar with the new requirements. The new they had lower levels of awareness about the
complaint process administered by CDE also program. Given that many English learners also are
did not result in any investigations or penalties. low-income students, we think the January 1 deadline
• Access. Our report reflects data for 2018-19— might also contribute to lower participation for these
the first school year after the state implemented students. We are aware of no other educational
the 2017 changes. Although the full effects of program in which the law requires students to apply
these changes will not become clear for several as early as January 1. As a point of comparison,
more years, recent trends seem promising. we understand that most charter schools set their
Most notably, the share of low-income students application deadlines during late winter or spring.
using the program is up 5 percentage points Funding Reduction for Basic Aid Districts. Our
compared with 2014-15. The share of Latino findings indicate that the lower funding rate for basic
students is up nearly 8 percentage points. aid districts has reduced the number of students
these districts are willing to accept through the
Policies Limiting Access program. Although basic aid districts account for
only about 10 percent of students in the program,
Cumulative Cap. The data show that
their participation is notable for at least two reasons.
nearly 1,900 (20 percent) of the students using the
First, students transferring to basic aid districts are
program in 2018-19 came from districts that have
somewhat more likely to be disadvantaged than
reached the 10 percent cumulative cap. These
other students. For example, 11 percent of students
students are 40 percent Latino, 40 percent Asian, and
transferring to basic aid districts are English learners,
13 percent white—roughly resembling other students
compared with 5 percent of students transferring
using the program. As these students graduate
to other districts. Students transferring to basic aid
and are not replaced by future cohorts, overall
districts also are slightly more likely to be low-income
participation in the program is likely to decrease. This
or have a disability. Second, nearly all of the basic
decrease could accelerate over the coming years if
aid districts participating in the program are located
additional districts reach the cap. We are concerned
in rural areas, where fewer educational options are
that the cumulative cap has no connection to
readily available. To the extent these districts leave
student interest or the quality of local transfer options
the program or adopt lower transfer limits, access for
available. Once reached, the cap disallows all future
these students would diminish.
participation, including transfers by students whose
participation the Legislature has tried to encourage. Program Participation Levels
In addition, the original justification for the cumulative
Available Data Does Not Reveal Why Usage
cap has weakened over time. Our understanding is
of the Program Varies Among Student Groups…
that the Legislature included the cumulative cap in the
The information collected by the state provides a
first version of the program to prevent home districts
detailed picture of who uses the program, but it does
from experiencing sizeable drops in enrollment over
not indicate why students from different subgroups
several consecutive years (and losing the associated
are more or less likely to use the program. Many
per-student funding). The cumulative number of
explanations are possible. For example, these
transfers since 1993, however, is not a good indicator
differences could reflect varying levels of awareness
of a district’s current fiscal condition. In addition,
about the program. Even though the Legislature
the Legislature added a separate provision in 2009
added some new communication requirements
allowing districts to limit transfers that would worsen
in 2017, the effects of these changes might not be
their fiscal distress.
evident for several years. Alternatively, students
28 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
might differ in their satisfaction with their home …But Districts Typically Can Accommodate
districts. Many home districts offer unique courses All Interested Students. A key finding from our
or academic options, and some students might evaluation is that most districts participating in the
prefer those options. Our evaluation, however, found program are able to accept all students interested
similar subgroup differences within the interdistrict in transferring. In other words, high usage of the
permit system. Specifically, white students and Asian program by some students generally does not
students use interdistrict permits relatively frequently, translate into fewer transfer opportunities for other
whereas Latino students use them less frequently. interested students. In cases where a district receives
Low-income students, English learners, and students more transfer applications than it can accept, the
with disabilities also use interdistrict permits less program provides priority for low-income students.
frequently. These findings suggest that the underlying (The cumulative cap is a notable exception—because
causes of these participation differences probably are the cap establishes a maximum number of transfers
not unique to the District of Choice program. over the life of the program, high usage by some
students can result in fewer transfer opportunities for
other students.)
RECOMMENDATIONS
Below, we provide our recommendations regarding we think the coronavirus disease 2019 pandemic and
the extension of the program. We also make several associated school closures could have anomalous
recommendations intended to promote access to the effects on student participation in 2020-21 and
program. 2021-22. The data for these years might not be
Reauthorize the Program. We recommend the particularly helpful for assessing program trends.)
Legislature reauthorize the program, potentially on a Repeal Cumulative Cap. Related to our
permanent basis. Among other considerations, the recommendation to reauthorize the program, we
program provides quality educational options for a recommend repealing the cumulative cap. Repealing
range of students, the new oversight mechanisms the cap would allow students to use the program
uncovered no notable concerns, and the share of regardless of the previous transfer activity in their
disadvantaged students using the program has risen. districts. Leaving the cap in place, by contrast, seems
Ending the program, by contrast, would be disruptive likely to reduce program participation over the next
for students who currently use the program and several years. Even without the cap, districts could
would deny future transfer students the opportunities limit transfers that exceed 3 percent of their annual
that have benefited previous users of the program. enrollment or notably worsen fiscal distress. If the
Regarding the length of reauthorization, the program Legislature remained concerned about the immediate
currently is operating on its sixth temporary extension effect on home districts, it could phase out the cap
since 1993. A permanent reauthorization would gradually.
provide greater predictability for participating Allow Later Application Deadline. We think a
students and districts. Ongoing oversight could later application deadline would make the program
still take place—the state could continue collecting more accessible to students. Although the Legislature
program data, and the Legislature could have future could consider many possible dates, one option
oversight hearings to ensure the program continues would be moving the deadline from January 1 to
to meet its goals. Alternatively, if the Legislature were March 1. This change would provide students with an
to adopt another temporary extension, we would additional two months to learn about and consider
recommend a minimum of five years. We think a their transfer options. To facilitate this change, the
shorter extension would not provide the Legislature Legislature could repeal the requirement for districts
with enough new data before it would be required to to provide students with a preliminary notice of their
revisit the program. (Related to this recommendation, acceptance or denial by February 15. The state could
www.lao.ca.gov 29
analysis full
gutter
AN LAO REPORT
maintain the May 1 deadline for Districts of Choice to on the number and characteristics of students
develop their final list of accepted students. (Although who transfer through the program. Ongoing data
a later deadline would provide less advance notice collection would help the Legislature assess
for home districts, the state could still structure the effects of the 2017 changes as well as our
the program to provide home districts with a list of recommendations. We think CDE can address the
transfer students in the spring, well in advance of differences in how districts reported their data without
the school year. In addition, the policy of funding all additional legislation, but we recommend asking the
districts according to the higher of their current- or department for an update on these efforts during
prior-year attendance tends to mitigate the effects the next hearing on the program. The current data
of unexpected changes in the number of students collection, however, does not help the Legislature
transferring out each year.) better understand why some groups of students
Increase Funding for Basic Aid Districts and transfer at higher rates than others, including
Adjust the Rate for Disadvantaged Students. the differences by race. If the Legislature were
We recommend setting a higher funding rate for interested in understanding how families make these
basic aid districts and modifying this rate to mirror decisions, it could consider funding a survey. This
the Local Control Funding Formula. Specifically, we survey could ask families about their (1) awareness
recommend setting the rate at 60 percent of the of transfer options, (2) motivations for transferring
formula’s base amount, increasing to 80 percent or not transferring, and (3) overall satisfaction with
for low-income students and English learners. This their districts. We think this survey would be more
approach would mirror the 20 percent differential valuable if it focused on a range of choice options
for students attending other districts. More instead of the District of Choice program by itself. For
importantly, it would reward districts for attracting this type of research, the state typically tasks CDE
and retaining these students. On average, the new with overseeing a contract and soliciting bids from
rate would generate similar amounts of funding as qualified organizations. The findings from this survey
the 70 percent rate for all students that existed prior could inform future efforts to promote participation by
to 2017. (We estimate that low-income students students who use the program less frequently.
and English learners account for about half of all Repeal Redundant Reporting Requirements.
students transferring to basic aid districts.) From a We recommend repealing the requirement for
state fiscal perspective, this increase likely would districts to prepare their own annual report on the
involve short-term costs and long-term savings. program. These reports have significant overlap
The short-term costs—likely around $2.5 million per with the information published by CDE, which is a
year for the next few years—would result from the more reliable source of data for the program. We
state providing a higher rate for students who have also recommend repealing the requirement for
already transferred and currently generate funding at participating districts to notify adjacent districts of
the 25 percent rate. Long-term savings, by contrast, their intent to remain in the program every year. Under
would emerge to the extent basic aid districts accept the registration requirements the state added in 2017,
new students who otherwise would attend their home CDE maintains and publishes a list of participating
districts and generate the regular rate. For example, districts. The law also requires participating districts
if the higher rate caused these districts to accept an to register with their county boards of education,
additional 500 students, the long-term state savings which can disseminate this information to nearby
would be around $1.5 million per year. districts that might be affected. Eliminating these
Continue Collecting Data, Consider Funding requirements could allow districts to spend more time
Survey to Learn More About Transfer Decisions. on outreach and other activities promoting access to
We recommend the state continue collecting data the program.
30 LEGISLATIVE ANALYST’S OFFICE
analysis full
gutter
AN LAO REPORT
CONCLUSION
The Legislature created the District of Choice The state finally obtained comprehensive data
program in the early 1990s during a period of in 2018-19, which provided evidence the program is
experimentation with new forms of educational making progress toward the Legislature’s more recent
choice. Our first evaluation of the program, published goals. In this report, we recommend reauthorizing
in 2016, found evidence the program was providing the program and making changes to address some
quality options for students but noted that limited of the factors limiting participation. We think our
data and vague oversight made the program hard to recommendations would build upon existing progress
assess. A year later, the Legislature made a number and promote access for all students.
of changes to address these and other concerns.
www.lao.ca.gov 31
analysis full
gutter
AN LAO REPORT
LAO PUBLICATIONS
This report was prepared by Kenneth Kapphahn, and reviewed by Edgar Cabral and Anthony Simbol. The Legislative
Analyst’s Office (LAO) is a nonpartisan office that provides fiscal and policy information and advice to the Legislature.
To request publications call (916) 445-4656. This report and others, as well as an e-mail subscription service, are available
on the LAO’s website at www.lao.ca.gov. The LAO is located at 925 L Street, Suite 1000, Sacramento, CA 95814.
32 LEGISLATIVE ANALYST’S OFFICE