BILL NUMBER: AB 1994 CHAPTERED
BILL TEXT
CHAPTER 1058
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2002
APPROVED BY GOVERNOR SEPTEMBER 29, 2002
PASSED THE ASSEMBLY AUGUST 30, 2002
PASSED THE SENATE AUGUST 29, 2002
AMENDED IN SENATE AUGUST 28, 2002
AMENDED IN SENATE AUGUST 26, 2002
AMENDED IN SENATE AUGUST 15, 2002
AMENDED IN SENATE JUNE 19, 2002
AMENDED IN ASSEMBLY MAY 14, 2002
AMENDED IN ASSEMBLY APRIL 17, 2002
AMENDED IN ASSEMBLY APRIL 9, 2002
AMENDED IN ASSEMBLY MARCH 18, 2002
INTRODUCED BY Assembly Members Reyes, Alquist, Cohn, Diaz, and
Matthews
(Coauthor: Assembly Member Washington)
FEBRUARY 15, 2002
An act to amend Sections 1628, 42100, 47602, 47604.3, 47605,
47613.1, and 47652 of, and to add Sections 47604.4, 47605.1, 47605.6,
47605.8, and 47612.1 to, the Education Code, relating to charter
schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1994, Reyes. Charter schools: operation.
(1) Existing law requires the governing board of each school
district to approve an annual statement of all receipts and
expenditures for the district for the preceding fiscal year with the
county superintendent of schools.
This bill would require each charter school to approve that
statement and submit it to the entity that approved the charter
school and would make other, related changes, thereby imposing a
state-mandated local program.
(2) The Charter Schools Act of 1992 authorizes a limited number of
charter schools to operate in the state each school year, and, for
purposes of implementing that provision, requires the State Board of
Education to assign a number to each charter petition that it grants
under the act.
This bill would require that each number assigned by the state
board, on or after January 1, 2003, correspond to a single petition
that identifies a single charter school. The bill would provide that
schoolsites shall not be considered separate schools if they share a
common educational program.
(3) Existing law permits the governing board of a school district
to approve a charter school to operate independently from the
existing school district structure as a method of accomplishing,
among other things, improved pupil learning. Under the act, if the
governing board of a school district denies a petition for the
establishment of a charter school, the petitioner may elect to submit
the petition for the establishment of a charter school to either the
county board of education or directly to the State Board of
Education. The act does not expressly authorize a school district to
approve a petition for a charter school that would operate outside
the boundaries of the school district. Under the act, a petition for
the establishment of a charter school is required to describe
specified elements, including, among others, the educational program
of the school and information on the facilities to be used by the
charter school.
This bill would require, except as specified, that each petition
for the establishment of a charter school that is submitted to a
chartering agency, or for which a renewal is sought, on or after
January 1, 2003, identify a single charter school and would specify
the geographic and site requirements for the establishment of a
charter school. The bill would modify the process by which a
petitioner appeals the denial of a charter petition, to require a
petitioner to appeal to a county office of education before appealing
to the State Board of Education.
The bill would require the petition for the establishment of a
charter school to describe how a charter school that will serve high
school pupils will inform parents about the transferability and
eligibility of courses to other public high schools and to meet
college entrance requirements, the procedures to be used if the
charter school closes, and would prescribe related matters.
(4) The act requires a charter school to respond promptly to all
reasonable inquiries, including, but not limited to, inquiries
regarding its financial records, from its chartering authority or
from the Superintendent of Public Instruction and to consult with the
chartering authority or the Superintendent of Public Instruction
regarding those inquiries.
This bill would grant general authority to the county
superintendent of schools to monitor the operations of a charter
school located within that county, to conduct an investigation into
the operations of that charter school, based on parental complaints
or other information that justifies the investigation, and would
limit the liability of a county superintendent of schools when
conducting those activities. The bill would, in addition, require a
charter school to consult with the county office of education
regarding inquiries.
(5) Existing law authorizes a petition to be submitted directly to
a county board of education for a charter school that will serve
pupils for whom the county office of education would otherwise be
responsible for providing direct education and services.
This bill would also authorize a county board of education to
approve a charter for the operation of a charter school that would
operate at multiple sites throughout the county. The bill would
prescribe the petition and approval process for such a school, the
applicable requirements for operation, and other related matters.
(6) The bill would authorize a petition for the operation of a
charter school to be submitted directly to the State Board of
Education, would authorize the state board to approve a petition for
a charter school that would operate at multiple sites throughout the
state, and would prescribe related matters.
(7) The bill would require that a charter school that is granted a
charter from the governing board of a school district or from a
county office of education after July 1, 2002, and commences
providing educational services to pupils on or after July 1, 2002,
locate within the geographic and site limitations specified in the
act, except as specified, and would prescribe related matters.
(8) The act provides that average daily attendance may not be
generated by a pupil who is not continuously enrolled in public
school and who makes satisfactory progress toward a high school
diploma.
This bill would declare that these conditions do not apply to
certain specified charter schools.
(9) The act requires the Superintendent of Public Instruction, in
the 1999-2000, 2000-01, and 2001-02 fiscal years, to make
apportionments to a charter school that elects not to be funded
pursuant to the block grant funding model set forth in the act in
each fiscal year that the charter school so elects.
This bill would require the Superintendent of Public Instruction
to make those apportionments in a school district in which all
schools have been converted to charter school in each fiscal year
that a charter school so elects.
(10) The act requires that a charter school in its first year of
operation be eligible to receive funding for an advanced
apportionment based on an estimate of average daily attendance for
the current fiscal year, approved as specified.
This bill would authorize a charter school in its first year of
operation to commence instruction within the first 3 months of the
fiscal year beginning July 1 of that year, would make a charter
school ineligible for an apportionment for a fiscal year in which
instruction commenced after September 30 of that fiscal year, and
would prescribe related matters.
(11) By imposing new duties on school districts county offices of
education, and charter schools, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1628 of the Education Code is amended to read:
1628. On or before September 15 each year, the county
superintendent of schools shall prepare and file with the
Superintendent of Public Instruction, along with the statements
received pursuant to subdivision (b) of Section 42100, a statement of
all receipts and expenditures of the county office of education for
the preceding fiscal year. The statement shall be in a format or on
forms prescribed by the Superintendent of Public Instruction, in
accordance with regulations adopted by the State Board of Education.
These forms may be amended periodically by the Superintendent of
Public Instruction to accommodate changes in statute or government
reporting standards.
SEC. 2. Section 42100 of the Education Code is amended to read:
42100. (a) On or before September 15, the governing board of each
school district shall approve, in a format prescribed by the
Superintendent of Public Instruction, an annual statement of all
receipts and expenditures of the district for the preceding fiscal
year and shall file the statement, along with the statement received
pursuant to subdivision (b), with the county superintendent of
schools. On or before October 15, the county superintendent of
schools shall verify the mathematical accuracy of the statements and
shall transmit a copy to the Superintendent of Public Instruction.
(b) On or before September 15, each charter school shall approve,
in a format prescribed by the Superintendent of Public Instruction,
an annual statement of all receipts and expenditures of the charter
school for the preceding fiscal year and shall file the statement
with the entity that approved the charter school.
(c) The forms prescribed by the Superintendent of Public
Instruction shall be adopted as regulations by the State Board of
Education, and may be amended periodically to accommodate changes in
statute or government reporting standards.
SEC. 3. Section 47602 of the Education Code is amended to read:
47602. (a) (1) In the 1998-99 school year, the maximum total
number of charter schools authorized to operate in this state shall
be 250. In the 1999-2000 school year, and in each successive school
year thereafter, an additional 100 charter schools are authorized to
operate in this state each successive school year. For the purposes
of implementing this section, the State Board of Education shall
assign a number to each charter petition that it grants pursuant to
subdivision (j) of Section 47605 or Section 47605.8 and to each
charter notice it receives pursuant to this part, based on the
chronological order in which the notice is received. Each number
assigned by the state board on or after January 1, 2003, shall
correspond to a single petition that identifies a charter school that
will operate within the geographic and site limitations of this
part. The State Board of Education shall develop a numbering system
for charter schools that identifies each school associated with a
charter and that operates within the existing limit on the number of
charter schools that can be approved each year. For purposes of this
section, sites that share educational programs and serve similar
pupil populations may not be counted as separate schools. Sites that
do not share a common educational program shall be considered
separate schools for purposes of this section. The limits contained
in this paragraph may not be waived by the State Board of Education
pursuant to Section 33050 or any other provision of law.
(2) By July 1, 2003, the Legislative Analyst shall, pursuant to
the criteria in Section 47616.5, report to the Legislature on the
effectiveness of the charter school approach authorized under this
part and recommend whether to expand or reduce the annual rate of
growth of charter schools authorized pursuant to this section.
(b) No charter shall be granted under this part that authorizes
the conversion of any private school to a charter school. No charter
school shall receive any public funds for a pupil if the pupil also
attends a private school that charges the pupil's family for tuition.
The State Board of Education shall adopt regulations to implement
this section.
SEC. 4. Section 47604.3 of the Education Code is amended to read:
47604.3. A charter school shall promptly respond to all
reasonable inquiries, including, but not limited to, inquiries
regarding its financial records, from its chartering authority, the
county office of education that has jurisdiction over the school's
chartering authority, or from the Superintendent of Public
Instruction and shall consult with the chartering authority, the
county office of education, or the Superintendent of Public
Instruction regarding any inquiries.
SEC. 5. Section 46704.4 is added to the Education Code, to read:
47604.4. (a) In addition to the authority granted by Section
47604.3, a county superintendent of schools may, based upon written
complaints by parents or other information that justifies the
investigation, monitor the operations of a charter school located
within that county and conduct an investigation into the operations
of that charter school. If a county superintendent of schools
monitors or investigates a charter school pursuant to this section,
the county office of education shall not incur any liability beyond
the cost of the investigation.
(b) A charter school shall notify the county superintendent of
schools of the county in which it is located of the location of the
charter school, including the location of each site, if applicable,
prior to commencing operations.
SEC. 6. Section 47605 of the Education Code is amended to read:
47605. (a) (1) Except as set forth in paragraph (2), a petition
for the establishment of a charter school within any school district
may be circulated by any one or more persons seeking to establish the
charter school. A petition for the establishment of a charter
school shall identify a single charter school that will operate
within the geographic boundaries of that school district. A charter
school may propose to operate at multiple sites within the school
district, as long as each location is identified in the charter
school petition. The petition may be submitted to the governing
board of the school district for review after either of the following
conditions are met:
(A) The petition has been signed by a number of parents or
guardians of pupils that is equivalent to at least one-half of the
number of pupils that the charter school estimates will enroll in the
school for its first year of operation.
(B) The petition has been signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation.
(2) In the case of a petition for the establishment of a charter
school through the conversion of an existing public school, that
would not be eligible for a loan pursuant to subdivision (b) of
Section 41365, the petition may be circulated by any one or more
persons seeking to establish the converted charter school. The
petition may be submitted to the governing board of the school
district for review after the petition has been signed by not less
than 50 percent of the permanent status teachers currently employed
at the public school to be converted.
(3) A petition shall include a prominent statement that a
signature on the petition means that the parent or guardian is
meaningfully interested in having his or her child, or ward, attend
the charter school, or in the case of a teacher's signature, means
that the teacher is meaningfully interested in teaching at the
charter school. The proposed charter shall be attached to the
petition.
(4) After receiving approval of its petition, a charter school
that proposes to establish operations at one or more additional sites
within the jurisdictional boundaries of the school district shall
request a material revision to its charter and shall notify the
governing board of the school district of those additional locations.
The governing board of the school district shall consider whether
to approve those additional locations at an open, public meeting. If
the additional locations are approved by the governing board of the
school districts, they shall be a material revision to the charter
school's charter.
(5) Notwithstanding subdivision (a), a charter school that is
unable to locate within the jurisdiction of the chartering school
district may establish one site outside the boundaries of the school
district, but within the county within which that school district is
located, if the school district where the charter school proposes to
operate is notified in advance of the charter petition approval, the
county superintendent of schools and the Superintendent of Public
Instruction are notified of the location of the charter school before
it commences operations and either of the following circumstances
exist:
(A) The school has attempted to locate a single site or facility
to house the entire program but such a facility or site is
unavailable in the area in which the school chooses to locate.
(B) The site is needed for temporary use during a construction or
expansion project.
(6) Commencing January 1, 2003, a petition to establish a charter
school may not be approved to serve pupils in a grade level that is
not served by the school district of the governing board considering
the petition, unless the petition proposes to serve pupils in all of
the grade levels served by that school district.
(b) No later than 30 days after receiving a petition, in
accordance with subdivision (a), the governing board of the school
district shall hold a public hearing on the provisions of the
charter, at which time the governing board of the school district
shall consider the level of support for the petition by teachers
employed by the district, other employees of the district, and
parents. Following review of the petition and the public hearing,
the governing board of the school district shall either grant or deny
the charter within 60 days of receipt of the petition, provided,
however, that the date may be extended by an additional 30 days if
both parties agree to the extension. In reviewing petitions for the
establishment of charter schools pursuant to this section, the
chartering authority shall be guided by the intent of the Legislature
that charter schools are and should become an integral part of the
California educational system and that establishment of charter
schools should be encouraged. A school district governing board
shall grant a charter for the operation of a school under this part
if it is satisfied that granting the charter is consistent with sound
educational practice. The governing board of the school district
shall not deny a petition for the establishment of a charter school
unless it makes written factual findings, specific to the particular
petition, setting forth specific facts to support one or more of the
following findings:
(1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.
(3) The petition does not contain the number of signatures
required by subdivision (a).
(4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).
(5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
(A) (i) A description of the educational program of the school,
designed, among other things, to identify those whom the school is
attempting to educate, what it means to be an "educated person" in
the 21st century, and how learning best occurs. The goals identified
in that program shall include the objective of enabling pupils to
become self-motivated, competent, and lifelong learners.
(ii) If the proposed school will serve high school pupils, a
description of how the charter school will inform parents about the
transferability of courses to other public high schools and the
eligibility of courses to meet college entrance requirements.
Courses offered by the charter school that are accredited by the
Western Association of Schools and Colleges may be considered
transferable and courses approved by the University of California or
the California State University as creditable under the "A" to "G"
admissions criteria may be considered to meet college entrance
requirements.
(B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as goals
in the school's educational program.
(C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
(D) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
(E) The qualifications to be met by individuals to be employed by
the school.
(F) The procedures that the school will follow to ensure the
health and safety of pupils and staff. These procedures shall
include the requirement that each employee of the school furnish the
school with a criminal record summary as described in Section 44237.
(G) The means by which the school will achieve a racial and ethnic
balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the school
district to which the charter petition is submitted.
(H) Admission requirements, if applicable.
(I) The manner in which annual, independent, financial audits
shall be conducted, which shall employ generally accepted accounting
principles, and the manner in which audit exceptions and deficiencies
shall be resolved to the satisfaction of the chartering authority.
(J) The procedures by which pupils can be suspended or expelled.
(K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
(L) The public school attendance alternatives for pupils residing
within the school district who choose not to attend charter schools.
(M) A description of the rights of any employee of the school
district upon leaving the employment of the school district to work
in a charter school, and of any rights of return to the school
district after employment at a charter school.
(N) The procedures to be followed by the charter school and the
entity granting the charter to resolve disputes relating to
provisions of the charter.
(O) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of the Educational Employment
Relations Act (Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code).
(P) A description of the procedures to be used if the charter
school closes. The procedures shall ensure a final audit of the
school to determine the disposition of all assets and liabilities of
the charter school, including plans for disposing of any net assets
and for the maintenance and transfer of pupil records.
(c) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Section 60605 and
any other statewide standards authorized in statute or pupil
assessments applicable to pupils in noncharter public schools.
(2) Charter schools shall, on a regular basis, consult with their
parents and teachers regarding the school's educational programs.
(d) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, or
disability. Except as provided in paragraph (2), admission to a
charter school shall not be determined according to the place of
residence of the pupil, or of his or her parent or guardian, within
this state, except that any existing public school converting
partially or entirely to a charter school under this part shall adopt
and maintain a policy giving admission preference to pupils who
reside within the former attendance area of that public school.
(2) (A) A charter school shall admit all pupils who wish to attend
the school.
(B) However, if the number of pupils who wish to attend the
charter school exceeds the school's capacity, attendance, except for
existing pupils of the charter school, shall be determined by a
public random drawing. Preference shall be extended to pupils
currently attending the charter school and pupils who reside in the
district except as provided for in Section 47614.5. Other
preferences may be permitted by the chartering authority on an
individual school basis and only if consistent with the law.
(C) In the event of a drawing, the chartering authority shall make
reasonable efforts to accommodate the growth of the charter school
and, in no event, shall take any action to impede the charter school
from expanding enrollment to meet pupil demand.
(e) No governing board of a school district shall require any
employee of the school district to be employed in a charter school.
(f) No governing board of a school district shall require any
pupil enrolled in the school district to attend a charter school.
(g) The governing board of a school district shall require that
the petitioner or petitioners provide information regarding the
proposed operation and potential effects of the school, including,
but not limited to, the facilities to be utilized by the school, the
manner in which administrative services of the school are to be
provided, and potential civil liability effects, if any, upon the
school and upon the school district. The description of the
facilities to be used by the charter school shall specify where the
school intends to locate. The petitioner or petitioners shall also
be required to provide financial statements that include a proposed
first-year operational budget, including startup costs, and cashflow
and financial projections for the first three years of operation.
(h) In reviewing petitions for the establishment of charter
schools within the school district, the school district governing
board shall give preference to petitions that demonstrate the
capability to provide comprehensive learning experiences to pupils
identified by the petitioner or petitioners as academically low
achieving pursuant to the standards established by the State
Department of Education under Section 54032.
(i) Upon the approval of the petition by the governing board of
the school district, the petitioner or petitioners shall provide
written notice of that approval, including a copy of the petition, to
the applicable county superintendent of schools, the State
Department of Education, and the State Board of Education.
(j) (1) If the governing board of a school district denies a
petition, the petitioner may elect to submit the petition for the
establishment of a charter school to the county board of education.
The county board of education shall review the petition pursuant to
subdivision (b). If the petitioner elects to submit a petition for
establishment of a charter school to the county board of education
and the county board of education denies the petition, the petitioner
may file a petition for establishment of a charter school with the
State Board of Education, and the state board may approve the
petition, in accordance with subdivision (b). Any charter school
that receives approval of its petition from a county board of
education or from the State Board of Education on appeal shall be
subject to the same requirements concerning geographic location that
it would otherwise be subject to if it receives approval from the
entity to whom it originally submits its petition. A charter
petition that is submitted to either a county board of education or
to the State Board of Education shall meet all otherwise applicable
petition requirements, including the identification of the proposed
site or sites where the charter school will operate.
(2) In assuming its role as a chartering agency, the State Board
of Education shall develop criteria to be used for the review and
approval of charter school petitions presented to the State Board of
Education. The criteria shall address all elements required for
charter approval, as identified in subdivision (b) of Section 47605
and shall define "reasonably comprehensive" as used in paragraph (5)
of subdivision (b) of Section 47605 in a way that is consistent with
the intent of the Charter Schools Act of 1992. Upon satisfactory
completion of the criteria, the State Board of Education shall adopt
the criteria on or before June 30, 2001.
(3) A charter school for which a charter is granted by either the
county board of education or the State Board of Education based on an
appeal pursuant to this subdivision shall qualify fully as a charter
school for all funding and other purposes of this part.
(4) If either the county board of education or the State Board of
Education fails to act on a petition within 120 days of receipt, the
decision of the governing board of the school district, to deny a
petition shall, thereafter, be subject to judicial review.
(5) The State Board of Education shall adopt regulations
implementing this subdivision.
(6) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition to the State
Department of Education and the State Board of Education.
(k) (1) The State Board of Education may, by mutual agreement,
designate its supervisorial and oversight responsibilities for a
charter school approved by the State Board of Education to any local
education agency in the county in which the charter school is located
or to the governing board of the school district that first denied
the petition.
(2) The designated local education agency shall have all
monitoring and supervising authority of a chartering agency,
including, but not limited to, powers and duties set forth in Section
47607, except the power of revocation, which shall remain with the
State Board of Education.
(3) A charter school that has been granted its charter through an
appeal to the State Board of Education and elects to seek renewal of
its charter shall, prior to expiration of the charter, submit its
petition for renewal to the governing board of the school district
that initially denied the charter. If the governing board of the
school district denies the school's petition for renewal, the school
may petition the State Board of Education for renewal of its charter.
(l) Teachers in charter schools shall be required to hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold. These documents shall be maintained on
file at the charter school and shall be subject to periodic
inspection by the chartering authority. It is the intent of the
Legislature that charter schools be given flexibility with regard to
noncore, noncollege preparatory courses.
(m) A charter school shall transmit a copy of its annual,
independent, financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b),
to its chartering entity, the Controller, the county superintendent
of schools of the county in which the charter school is sited, unless
the county board of education of the county in which the charter
school is sited is the chartering entity, and the State Department of
Education by December 15 of each year. This subdivision shall not
apply if the audit of the charter school is encompassed in the audit
of the chartering entity pursuant to Section 41020.
SEC. 7. Section 47605.1 is added to the Education Code, to read:
47605.1. (a) (1) Notwithstanding any other provision of law, a
charter school that is granted a charter from the governing board of
a school district or county office of education after July 1, 2002,
and commences providing educational services to pupils on or after
July 1, 2002, shall locate in accordance with the geographic and site
limitations of this part.
(2) Notwithstanding any other provision of law, a charter school
that is granted a charter by the State Board of Education after July
1, 2002, and commences providing educational services to pupils on or
after July 1, 2002, based on the denial of a petition by the
governing board of a school district or county board of education, as
described in paragraphs (1) and (2) of subdivision (j) of Section
47605, may locate only within the geographic boundaries of the
chartering entity that initially denied the petition for the charter.
(3) A charter school that receives approval of its charter from a
governing board of a school district, a county office of education,
or the State Board of Education prior to July 1, 2002, but does not
commence operations until after January 1, 2003, shall be subject to
the geographic limitations of the part, in accordance with
subdivision (e).
(b) Nothing in this section is intended to affect the admission
requirements contained in subdivision (d) of Section 47605.
(c) Notwithstanding any other provision, a charter school may
establish a resource center, meeting space, or other satellite
facility located in a county adjacent to that in which the charter
school is authorized if the following conditions are met:
(1) The facility is used exclusively for the educational support
of pupils who are enrolled in nonclassroom-based independent study of
the charter school.
(2) The charter school provides its primary educational services
in, and a majority of the pupils it serves are residents of, the
county in which the school is authorized.
(d) Notwithstanding subdivision (a) or subdivision (a) of Section
47605, a charter school that is unable to locate within the
geographic boundaries of the chartering school district may establish
one site outside the boundaries of the school district, but within
the county within which that school district is located, if the
school district where the
charter school proposes to operate is notified in advance of the
charter petition approval, the county superintendent of schools is
notified of the location of the charter school before it commences
operations, and either of the following circumstances exist:
(1) The school has attempted to locate a single site or facility
to house the entire program but such a facility or site is
unavailable in the area in which the school chooses to locate.
(2) The site is needed for temporary use during a construction or
expansion project.
(e) (1) For a charter school that was granted approval of its
charter prior to July 1, 2002, and provided educational services to
pupils before July 1, 2002, this section shall only apply to any new
educational services or schoolsites established or acquired by the
charter school on or after July 1, 2002.
(2) For a charter school that was granted approval of its charter
prior to July 1, 2002, but did not provide educational services to
pupils before July 1, 2002, this section shall only apply upon the
expiration of a charter that is in existence on January 1, 2003.
(3) Notwithstanding other implementation timelines in this
section, by June 30, 2005, or upon the expiration of a charter that
is in existence on January 1, 2003, whichever is later, all charter
schools shall be required to comply with this section for schoolsites
at which education services are provided to pupils prior to or after
July 1, 2002, regardless of whether the charter school initially
received approval of its charter school petition prior to July 1,
2002. To achieve compliance with this section, a charter school
shall be required to receive approval of a charter petition in
accordance with this section and Section 47605.
(4) Nothing in this section is intended to affect the authority of
a governmental entity to revoke a charter that is granted on or
before the effective date of this section.
(f) A charter school that submits its petition directly to a
county board of education, as authorized by Sections 47605.5 or
47605.6, may establish charter school operations only within the
geographical boundaries of the county in which that county board of
education has jurisdiction.
(g) Notwithstanding any other provision of law, the jurisdictional
limitations set forth in this section do not apply to a charter
school that provides instruction exclusively in partnership with any
of the following:
(1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
(2) Federally affiliated Youth Build programs.
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14507.5 or 14406 of the Public Resources Code.
(5) Instruction provided to juvenile court school pupils pursuant
to subdivision (c) of Section 42238.18 or pursuant to Section 1981
for individuals who are placed in a residential facility.
SEC. 8. Section 47605.6 is added to the Education Code, to read:
47605.6. (a) (1) In addition to the authority provided by Section
47605.5, a county board of education may also approve a petition for
the operation of a charter school that operates at one or more sites
within the geographic boundaries of the county and that provides
instructional services that are not generally provided by a county
office of education. A county board of education may only approve a
countywide charter if it finds, in addition to the other requirements
of this section, that the educational services to be provided by the
charter school will offer services to a pupil population that will
benefit from those services and that cannot be served as well by a
charter school that operates in only one school district in the
county. A petition for the establishment of a countywide charter
school pursuant to this subdivision may be circulated throughout the
county by any one or more persons seeking to establish the charter
school. The petition may be submitted to the county board of
education for review after either of the following conditions are
met:
(A) The petition has been signed by a number of parents or
guardians of pupils residing within the county that is equivalent to
at least one-half of the number of pupils that the charter school
estimates will enroll in the school for its first year of operation
and each of the school districts where the charter school petitioner
proposes to operate a facility has received at least 30 days notice
of the petitioner's intent to operate a school pursuant to this
section.
(B) The petition has been signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation and each of the school districts where the
charter school petitioner proposes to operate a facility has received
at least 30 days notice of the petitioner's intent to operate a
school pursuant to this section.
(2) An existing public school may not be converted to a charter
school in accordance with this section.
(3) After receiving approval of its petition, a charter school
that proposes to establish operations at additional sites within the
geographic boundaries of the county board of education shall notify
the school districts where those sites will be located. The charter
school shall also request a material revision of its charter by the
county board of education that approved its charter and the county
board shall consider whether to approve those additional locations at
an open, public meeting, held no sooner than 30 days following
notification of the school districts where the sites will be located.
If approved, the location of the approved sites shall be a material
revision of the school's approved charter.
(4) A petition shall include a prominent statement indicating that
a signature on the petition means that the parent or guardian is
meaningfully interested in having his or her child or ward attend the
charter school, or in the case of a teacher's signature, means that
the teacher is meaningfully interested in teaching at the charter
school. The proposed charter shall be attached to the petition.
(b) No later than 60 days after receiving a petition, in
accordance with subdivision (a), the county board of education shall
hold a public hearing on the provisions of the charter, at which time
the county board of education shall consider the level of support
for the petition by teachers, parents or guardians, and the school
districts where the charter school petitioner proposes to place
school facilities. Following review of the petition and the public
hearing, the county board of education shall either grant or deny the
charter within 90 days of receipt of the petition. However, this
date may be extended by an additional 30 days if both parties agree
to the extension. A county board of education may impose any
additional requirements beyond those required by this section that it
considers necessary for the sound operation of a countywide charter
school. A county board of education may grant a charter for the
operation of a school under this part only if the board is satisfied
that granting the charter is consistent with sound educational
practice and that the charter school has reasonable justification for
why it could not be established by petition to a school district
pursuant to Section 47605. The county board of education shall deny
a petition for the establishment of a charter school if the board
finds, one or more of the following:
(1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.
(3) The petition does not contain the number of signatures
required by subdivision (a).
(4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).
(5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
(A) A description of the educational program of the school,
designed, among other things, to identify those whom the school is
attempting to educate, what it means to be an "educated person" in
the 21st century, and how learning best occurs. The goals identified
in that program shall include the objective of enabling pupils to
become self-motivated, competent, and lifelong learners.
(B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as goals
in the school's educational program.
(C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
(D) The location of each charter school facility that the
petitioner proposes to operate.
(E) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
(F) The qualifications to be met by individuals to be employed by
the school.
(G) The procedures that the school will follow to ensure the
health and safety of pupils and staff. These procedures shall
include the requirement that each employee of the school furnish the
school with a criminal record summary as described in Section 44237.
(H) The means by which the school will achieve a racial and ethnic
balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the school
district to which the charter petition is submitted.
(I) The manner in which annual, independent, financial audits
shall be conducted, in accordance with regulations established by the
State Board of Education, and the manner in which audit exceptions
and deficiencies shall be resolved.
(J) The procedures by which pupils can be suspended or expelled.
(K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
(L) The procedures to be followed by the charter school and the
county board of education to resolve disputes relating to provisions
of the charter.
(M) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of the Educational Employment
Relations Act (Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code).
(6) Any other basis that the board finds justifies the denial of
the petition.
(c) A county board of education that approves a petition for the
operation of a countywide charter may, as a condition of charter
approval, enter into an agreement with a third party, at the expense
of the charter school, to oversee, monitor, and report to the county
board of education on the operations of the charter school. The
county board of education may prescribe the aspects of the charter
school's operations to be monitored by the third party and may
prescribe appropriate requirements regarding the reporting of
information concerning the operations of the charter school to the
county board of education.
(d) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Section 60605 and
any other statewide standards authorized in statute or pupil
assessments applicable to pupils in noncharter public schools.
(2) Charter schools shall on a regular basis consult with their
parents and teachers regarding the school's educational programs.
(e) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, or
disability. Except as provided in paragraph (2), admission to a
charter school shall not be determined according to the place of
residence of the pupil, or of his or her parent or guardian, within
this state.
(2) (A) A charter school shall admit all pupils who wish to attend
the school.
(B) However, if the number of pupils who wish to attend the
charter school exceeds the school's capacity, attendance, except for
existing pupils of the charter school, shall be determined by a
public random drawing. Preference shall be extended to pupils
currently attending the charter school and pupils who reside in the
county except as provided for in Section 47614.5. Other preferences
may be permitted by the chartering authority on an individual school
basis and only if consistent with the law.
(C) In the event of a drawing, the county board of education shall
make reasonable efforts to accommodate the growth of the charter
school and, in no event, shall take any action to impede the charter
school from expanding enrollment to meet pupil demand.
(f) No county board of education shall require any employee of the
county or a school district to be employed in a charter school.
(g) No county board of education shall require any pupil enrolled
in a county program to attend a charter school.
(h) The county board of education shall require that the
petitioner or petitioners provide information regarding the proposed
operation and potential effects of the school, including, but not
limited to, the facilities to be utilized by the school, the manner
in which administrative services of the school are to be provided,
and potential civil liability effects, if any, upon the school, any
school district where the charter school may operate and upon the
county board of education. The petitioner or petitioners shall also
be required to provide financial statements that include a proposed
first-year operational budget, including startup costs, and cash-flow
and financial projections for the first three years of operation.
(i) In reviewing petitions for the establishment of charter
schools within the county, the county board of education shall give
preference to petitions that demonstrate the capability to provide
comprehensive learning experiences to pupils identified by the
petitioner or petitioners as academically low-achieving pursuant to
the standards established by the State Department of Education under
Section 54032.
(j) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition, to the school
districts within the county, the Superintendent of Public Instruction
and to the State Board of Education.
(k) If a county board of education denies a petition, the
petitioner may not elect to submit the petition for the establishment
of the charter school to the State Board of Education.
(l) Teachers in charter schools shall be required to hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold. These documents shall be maintained on
file at the charter school and shall be subject to periodic
inspection by the chartering authority.
(m) A charter school shall transmit a copy of its annual,
independent, financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b),
to the County Office of Education, State Controller and the State
Department of Education by December 15 of each year. This
subdivision shall not apply if the audit of the charter school is
encompassed in the audit of the chartering entity pursuant to Section
41020.
SEC. 9. Section 47605.8 is added to the Education Code, to read:
47605.8. (a) A petition for the operation of a state charter
school may be submitted directly to the State Board of Education, and
the board shall have the authority to approve a charter for the
operation of a state charter school that may operate at multiple
sites throughout the state. The State Board of Education shall adopt
regulations, pursuant to the Administrative Procedure Act (Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code) for the implementation of this section. Any
regulations adopted pursuant to this section shall ensure that a
charter school approved pursuant to this section meets all
requirements otherwise imposed on charter schools pursuant to this
part, except that a charter school approved pursuant to this section
shall not be subject to the geographic and site limitations otherwise
imposed on charter schools.
(b) The State Board of Education may not approve a petition for
the operation of a state charter school under this section unless the
State Board of Education finds that the proposed state charter
school will provide instructional services of statewide benefit that
cannot be provided by a charter school operating in only one school
district, or only in one county. The finding of the board in this
regard shall be made part of the public record of the board's
proceedings and shall precede the approval of the charter.
(c) The State Board of Education may, as a condition of charter
petition approval, enter into an agreement with a third party, at the
expense of the charter school, to oversee, monitor, and report on,
the operations of the charter school. The State Board of Education
may prescribe the aspects of the charter school's operations to be
monitored by the third party and may prescribe appropriate
requirements regarding the reporting of information concerning the
operations of the charter school to the State Board of Education.
(d) The State Board of Education shall not be required to approve
a petition for the operation of a statewide charter school, and may
deny approval based on any of the reasons set forth in subdivision
(b) of Section 47605.6.
SEC. 10. Section 47612.1 is added to the Education Code, to read:
47612.1. Except for the requirement that a pupil be a California
resident, subdivision (b) of Section 47612 shall not apply to a
charter school program that provides instruction exclusively in
partnership with any of the following:
(a) The federal Workforce Investment Act of 1998 (Pub. L. No.
105-220; 29 U.S.C. Sec. 2801, et seq.).
(b) Federally affiliated Youth Build programs.
(c) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(d) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14406 or 14507.5 of the Public Resources Code.
SEC. 11. Section 47613.1 of the Education Code is amended to read:
47613.1. The Superintendent of Public Instruction shall make all
of the following apportionments on behalf of a charter school in a
school district in which all schools have been converted to charter
schools pursuant to Section 47606, and that elects not to be funded
pursuant to the block grant funding model set forth in Section 47633
in each fiscal year that the charter school so elects:
(a) From funds appropriated to Section A of the State School Fund
for apportionment for that fiscal year pursuant to Article 2
(commencing with Section 42238) of Chapter 7 of Part 24, an amount
for each unit of current fiscal year regular average daily attendance
in the charter school that is equal to the current fiscal year base
revenue limit for the school district to which the charter petition
was submitted.
(b) For each pupil enrolled in the charter school who is entitled
to special education services, the state and federal funds for
special education services for that pupil that would have been
apportioned for that pupil to the school district to which the
charter petition was submitted.
(c) Funds for the programs described in clause (i) of subparagraph
(B) of paragraph (1) of subdivision (a) of Section 54761, and
Sections 63000 and 64000, to the extent that any pupil enrolled in
the charter school is eligible to participate.
SEC. 12. Section 47652 of the Education Code is amended to read:
47652. (a) Notwithstanding Section 41330, a charter school in its
first year of operation shall be eligible to receive funding for the
advance apportionment based on an estimate of average daily
attendance for the current fiscal year, as approved by the local
educational agency that granted its charter and the county office of
education in which the charter-granting agency is located. For
charter schools approved by the State Board of Education, estimated
average daily attendance shall be approved by, and submitted directly
to, and approved by, the State Department of Education. Not later
than five business days following the end of the first 20 schooldays,
a charter school receiving funding pursuant to this section shall
report to the Department of Education its actual average daily
attendance for that first month, and the Superintendent of Public
Instruction shall adjust immediately, but not later than 45 days, the
amount of its advance apportionment accordingly.
(b) A charter school in its first year of operation may only
commence instruction within the first three months of the fiscal year
beginning July 1 of that year. A charter school shall not be
eligible for an apportionment pursuant to subdivision (a), or any
other apportionment for a fiscal year in which instruction commenced
after September 30 of that fiscal year.
SEC. 13. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.