BILL NUMBER: AB 269	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 7, 2011

    An act relating to pupil health and safety. 
 An act to amend Section 47610 of, and to add Section 47602.5 to,
the Education Code, relating to charter schools. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 269, as amended, Ma.  Pupil health and safety.
  Charter schools: pupil health and safety.  
   (1) 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. Existing law requires a chartering authority
to ensure that each charter school under its authority complies with
all reports required of charter schools by law.  
   This bill would require the Legislative Analyst to report by
January 1, 2013, to the Legislature on the accuracy of data reported
by charter schools with respect to violent incidents on campus. 

   (2) Existing law exempts charter schools from the laws governing
school districts except those of the Charter Schools Act, those
establishing minimum age for public school attendance, specified
building code regulations, and other specified laws. Existing law
requires a charter school to comply with its charter. Existing law
requires a charter to include the procedures that the school will
follow to ensure the health and safety of pupils and staff, including
the requirement that each employee of the school furnish the school
with a criminal record summary.  
   This bill would require a charter school to comply with all laws
governing the health and safety of pupils and school employees. To
the extent this bill would impose additional duties on charter
schools, this bill would impose a state-mandated local program. 

   (3) 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.  
   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.  
   Existing law establishes the system of public elementary and
secondary schools in this state. Existing law provides that each
person between the ages of 6 and 18 years, with specified exceptions,
is subject to compulsory full-time education. Numerous statutes
relate to the health and safety of elementary and secondary school
pupils.  
   This bill would express the intent of the Legislature to enact
legislation that would improve the health and safety of elementary
and secondary school pupils in this state. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes .


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

   SECTION 1.    Section 47602.5 is added to the 
 Education Code   , to read:  
   47602.5.  By January 1, 2013, the Legislative Analyst shall report
to the Legislature on the accuracy of data reported by charter
schools with respect to violent incidents on campus. 
   SEC. 2.    Section 47610 of the   Education
Code   is amended to read: 
   47610.  A charter school shall comply with this part and all of
the provisions set forth in its charter, but is otherwise exempt from
the laws governing school districts, except all of the following:

   (a) As specified in Section 47611.  
   (b) As specified in Section 41365.  
   (c) 
    (a)  All laws establishing minimum age for public school
attendance. 
   (d) 
    (b)  The California Building Standards Code (Part 2
(commencing with Section 101) of Title 24 of the California Code of
Regulations), as adopted and enforced by the local building
enforcement agency with jurisdiction over the area in which the
charter school is located.  Charter school facilities shall
comply with this subdivision by January 1, 2007.  
   (e) Charter school facilities shall comply with subdivision (d) by
January 1, 2007.  
   (c) All laws governing the health and safety of pupils and school
employees, including, but not limited to, Sections 32225 and 35292.5,
Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19
of Division 1 of Title 1, Article 10.4 (commencing with Section
35294.10) of Chapter 2 of Part 21 of Division 3, and Chapter 1
(commencing with Section 32001) of Part 19 of Division 1 of Title 1.
 
   (d) Sections 41365 and 47611. 
   SEC. 3.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would improve the health and safety of
elementary and secondary school pupils in this state.