BILL NUMBER: SB 1766	CHAPTERED  07/06/04

	CHAPTER  112
	FILED WITH SECRETARY OF STATE  JULY 6, 2004
	APPROVED BY GOVERNOR  JULY 6, 2004
	PASSED THE SENATE  JUNE 24, 2004
	PASSED THE ASSEMBLY  JUNE 21, 2004
	AMENDED IN ASSEMBLY  JUNE 9, 2004

INTRODUCED BY   Senator McPherson

                        FEBRUARY 20, 2004

   An act to add Section 47605.2 to the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1766, McPherson.   Delta Charter High School:  geographical
boundaries.
   The Charter Schools Act of 1992 authorizes any one or more persons
to submit a petition to the governing board of a school district to
establish a charter school that operates independently from the
existing school district structure as a method of accomplishing
specified goals.  The existing act provides that a charter school is
generally exempt from the laws governing school districts, except as
specified in the act.  The existing act deems a charter school to be
under the exclusive control of the officers of the public schools
with regard to the appropriation of public moneys allocated to a
charter school.  The existing act requires a charter school to
provide pupils with certain basic instructional services and to
perform specified administrative functions.
   The existing act requires that each petition for the establishment
of a charter school that is submitted to a chartering agency, or for
which a renewal is sought, shall identify a single charter school
and specifies various geographic and site requirements for the
establishment of that school and for the renewal of its charter.
   This bill would exempt from those requirements the Delta Charter
High School that is located within Santa Cruz County.  The bill would
also make a declaration of special circumstances in that regard.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 47605.2 is added to the Education Code, to
read:
   47605.2.  The Delta Charter High School, located in the County of
Santa Cruz, is exempt from the geographic and site limitations
contained in subdivision (a) of Section 47605.
  SEC. 2.  The Legislature finds and declares that due to special
circumstances surrounding the Delta Charter High School a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution, and the enactment of a
special statute is therefore necessary.