BILL NUMBER: AB 284	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010
	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 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  district 
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.  The governing board of a community
college district would be required to inform the state board if it
elected to accept petitions for charter schools. The bill would
require the state board to limit the number of charter schools
established pursuant to these provisions to 10 schools. The bill
would require the State Department of Education, by January 1, 2013,
to prepare an analysis of the efficacy of community college districts
approving charter school petitions. 
   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) 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   district  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  subdivision (a) of  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. 
   (d) The governing board of a community college district that
elects to accept a petition for a charter school shall inform the
state board each time it accepts a petition. Once the state board
receives notices from community college districts indicating that 10
charter school petitions have been accepted, the state board shall
inform the California Community Colleges that no community college
district is authorized to accept any additional petitions for a
charter school.  
   (e) No later than January 1, 2013, the department shall prepare an
analysis of the efficacy of community college districts approving
petitions for charter schools. The analysis shall be provided to the
state board, the Governor, the Chancellor of the California Community
Colleges, the Senate Committee on Education, and the Assembly
Committee on Education.