BILL NUMBER: AB 284	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 12, 2009

   An act to add Section 47605.9 to the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 284, as amended, Garrick. Charter schools  : petitions
 .
   The Charter Schools Act of 1992 permits teachers and parents to
petition 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. A charter petition is required to be signed
by a specified number of teachers or parents who are meaningfully
interested in either enrolling their children in the school or
teaching at the school.
   If a school district denies a petition, the petitioners may submit
the petition to the county board of education. If a county board of
education denies a petition, the petitioners may submit the petition
to the State Board of Education, which may designate its
supervisorial and oversight responsibilities for a charter school it
approves to any local educational 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.
   A county board of education is authorized to grant a charter
petition submitted directly to it for a countywide charter school. In
addition, a petition for the operation of a statewide charter school
that will provide instructional services of statewide benefit may be
submitted directly to the state board  ,  in which case the
state board may enter into an agreement with a 3rd party to oversee,
monitor  ,  and report on the operations of the state
charter school. 
   This bill would authorize the chancellor of a campus of the
University of California, the president of a campus of the California
State University, the governing board of a community college
district, the mayor of a city, or a nonprofit corporation to submit a
petition directly to the state board without gathering signatures of
parents or teachers. The state board would be authorized to approve
a charter petition for the operation of a charter school by the
University of California, California State University, or community
college district within the county in which it maintains a campus, or
by a mayor within the city limits, or by a nonprofit corporation
within the county in which the corporation operates. 

   The state board would not be required to approve a petition and
would be authorized to deny approval based on the reasons that permit
a county board of education to deny a petition for a countywide
charter school. The state board would be authorized to enter into an
agreement with a third party to oversee, monitor, and report on the
operations of the state charter school.  
   The state board would be required to adopt regulations for the
implementation of the provisions enacted by the bill.  
   This bill would authorize a petition to establish a charter school
to be submitted for approval to the president of a campus of the
California State University or the governing board of a community
college district if the petition proposes the operation of a charter
school within the county in which the university or community college
maintains a campus. The president of a campus of the California
State University and the governing board of a community college
district would be authorized to grant a petition submitted to it for
approval. The president of a campus of the California State
University and the governing board of a community college district
that grants a charter petition would be required to assume all of the
duties, responsibilities, functions, and obligations that the
governing board of a school district assumes when it grants a charter
petition. A charter school established as specified in the bill
would be required to receive the state aid portion of the charter
school's total general-purpose entitlement, categorical block grant,
other state and federal categorical aid, and lottery funds directly.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 47605.9 is added to the Education Code, to
read: 
   47605.9.  (a) The chancellor of a campus of the University of
California, the president of a campus of the California State
University, the governing board of a community college district, the
mayor of a city, or a nonprofit corporation may submit a petition
directly to the state board. Notwithstanding subdivision (b) of
Section 47605.8, the state board may approve a charter petition
submitted pursuant to this section as follows:
   (1) If the petition is submitted by the University of California,
California State University, or a community college district, the
charter school shall operate within the county in which the
petitioner maintains a campus.
   (2) If the petition is submitted by a mayor the charter school
shall operate within the city limits.
   (3) If the petition is submitted by a nonprofit corporation the
charter school shall operate within the county in which the
corporation operates.
   (b) The state board shall adopt regulations for the implementation
of this section. The regulations shall ensure that a charter school
approved pursuant to this section meets the requirements of Section
47605, except subparagraphs (A) and (B) of paragraph (1) of
subdivision (a).
   (c) As a condition of approving a charter petition pursuant to
this section, the state board may 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 state charter school.
The state board may prescribe the aspects of the operations of the
state charter school to be monitored by the third party and may
prescribe appropriate requirements regarding the reporting of
information concerning the operations of the state charter school to
the state board.
   (d) The state board shall not be required to approve a petition
for the operation of a charter school submitted pursuant to this
section and may deny approval based on the reasons set forth in
subdivision (b) of Section 47605.6. 
    47605.9.   (a) A petition to establish a charter school
may be submitted for approval to the president of a campus of the
California State University or the governing board of a community
college district if the petition proposes the operation of a charter
school within the county in which the university or college maintains
a campus. The president of a campus of the California State
University and the governing board of a community college district
may grant a petition submitted for approval pursuant to this section.

   (b) The president of a campus of the California State University
and the governing board of a community college district that grants a
charter petition shall assume all of the duties, responsibilities,
functions, and obligations that the governing board of a school
district assumes when it grants a charter petition.
   (c) Notwithstanding Section 47651, a charter school established
pursuant to this section shall receive the state aid portion of the
charter school's total general-purpose entitlement, categorical block
grant, other state and federal categorical aid, and lottery funds
directly. Warrants for a charter school established pursuant to this
section shall be drawn as specified in paragraph (1) of subdivision
(a) of Section 47651. The notification requirement specified in
subdivision (b) of Section 47651 shall be given by a charter school
established pursuant to this section to the county superintendent of
schools of the county in which the charter school operates.