Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 445

Introduced by Assembly Member Chávez

February 19, 2013

An act to amend Section begin delete 72670 end delete begin insert 47605 end insert of the Education Code, relating to begin delete postsecondary education end delete begin insert charter schools end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 445, as amended, Chávez. begin delete Community colleges: governing boards: auxiliary organizations. end delete begin insert Charter schools: supervisorial and oversight responsibilities. end insert

begin insert

Existing law authorizes the establishment of a charter school through the circulation of a petition and submission of the petition to the governing board of the school district for review and approval, as specified. Under existing law, if the governing board of a school district denies the petition, the petitioner may submit the petition to the county board of education, and, if the county board of education denies the petition, the petitioner may file the petition or appeal to the State Board of Education for approval. Existing law authorizes the state board, by mutual agreement, to designate its supervisorial and oversight responsibilities for a charter school it has approved 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.

end insert begin insert

This bill would instead authorize the state board, by mutual agreement, to designate its supervisorial and oversight responsibilities for a charter school it has approved to any local educational agency.

end insert begin delete

Existing law authorizes the governing board of a community college district to establish auxiliary organizations, as defined, for the purpose of providing supportive services and specialized programs for the benefit of its college or colleges.

end delete begin delete

This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 47605 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

47605.  

(a) (1) Except as set forth in paragraph (2), a petition
for the establishment of a charter school within a school district
may be circulated by 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 is met:

(A) The petition is signed by a number of parents or legal
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 is 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) A petition that proposes to convert an existing public school
to a charter school that would not be eligible for a loan pursuant
to subdivision (b) of Section 41365 may be circulated by one or
more persons seeking to establish the charter school. The petition
may be submitted to the governing board of the school district for
review after the petition is 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 legal 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
shall request a material revision to its charter and shall notify the
authority that granted its charter of those additional locations. The
authority that granted its charter shall consider whether to approve
those additional locations at an open, public meeting. If the
additional locations are approved, they shall be a material revision
to the charter school’s charter.

(5) 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
in which that school district is located, if the school district within
the jurisdiction of which the charter school proposes to operate is
notified in advance of the charter petition approval, the county
superintendent of schools and the Superintendent are notified of
the location of the charter school before it commences operations,
and either of the following circumstances exists:

(A) The school has attempted to locate a single site or facility
to house the entire program, but a site or facility 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 begin delete may end delete begin insert shall end insert 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. The governing board of the school district 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 the manner in which 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. Pupil outcomes shall include
outcomes that address increases in pupil academic achievement
both schoolwide and for all groups of pupils served by the charter
school, as that term is defined in subparagraph (B) of paragraph
(3) of subdivision (a) of Section 47607.

(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 begin delete any end delete begin insert an end insert 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 begin insert of end insert whether or not the charter school shall be
deemed the exclusive public school employer of the employees of
the charter school for purposes of 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 Sections 60605
and 60851 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, legal guardians, 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 begin delete any end delete begin insert a end insert
pupil on the basis of the characteristics listed in Section 220. 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 legal guardian, within this state, except
that an 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) 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.

(3) If a pupil is expelled or leaves the charter school without
graduating or completing the school year for any reason, the charter
school shall notify the superintendent of the school district of the
pupil’s last known address within 30 days, and begin delete shall end delete , upon request,
begin insert shall end insert provide that school district with a copy of the cumulative
record of the pupil, including a transcript of grades or report card,
and health information. This paragraph applies only to pupils
subject to compulsory full-time education pursuant to Section
48200.

(e) The governing board of a school district shall not require
begin delete any end delete begin insert an end insert employee of the school district to be employed in a charter
school.

(f) The governing board of a school district shall not require
begin delete any end delete begin insert a end insert 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 used 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 begin delete shall end delete also begin insert shall end insert 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 governing board of the school
district 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 department
under Section 54032, as it read before July 19, 2006.

(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 department, and
the state board.

(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, and the state board may approve the petition, in
accordance with subdivision (b). A charter school that receives
approval of its petition from a county board of education or from
the state board on appeal shall be subject to the same requirements
concerning geographic location to which it would otherwise be
subject if it received approval from the entity to which it originally
submitted its petition. A charter petition that is submitted to either
a county board of education or to the state board 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
shall develop criteria to be used for the review and approval of
charter school petitions presented to the state board. The criteria
shall address all elements required for charter approval, as
identified in subdivision (b) and shall define “reasonably
comprehensive” as used in paragraph (5) of subdivision (b) in a
way that is consistent with the intent of this part. Upon satisfactory
completion of the criteria, the state board 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 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
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 begin delete , thereafter, end delete be subject to judicial review.

(5) The state board 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 department
and the state board.

(k) (1) The state board begin delete may, end delete by mutual agreement, begin insert may end insert
designate its supervisorial and oversight responsibilities for a
charter school approved by the state board to any local educational
agency begin delete in the county in which the charter school is located or to
the governing board of the school district that first denied the
petition end delete .

(2) The designated local educational 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.

(3) A charter school that is granted its charter through an appeal
to the state board and elects to seek renewal of its charter shall,
before 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 for renewal of its charter.

(l) Teachers in charter schools shall 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 are 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 department by
December 15 of each year. This subdivision does not apply if the
audit of the charter school is encompassed in the audit of the
chartering entity pursuant to Section 41020.

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SECTION 1.  

Section 72670 of the Education Code is amended
to read:

72670.  

The governing board of a community college district
may establish auxiliary organizations for the purpose of providing
supportive services and specialized programs for the general benefit
of its college or colleges. As used in this article, “auxiliary
organization” may include, but is not limited to, the following
entities:

(a) An entity in which an official of a community college district
participates as a director as part of his or her official position.

(b) An entity formed or operating pursuant to Article 4
(commencing with Section 76060) of Chapter 1 of Part 47.

(c) An entity that operates a commercial service for the benefit
of a community college or district on a campus or other property
of the district.

(d) An entity whose governing instrument provides in substance
both of the following:

(1) Its purpose is to promote or assist a community college or
district, or to receive gifts, property and funds to be used for the
benefit of the community college or district or a person or
organization having an official relationship with the community
college or district.

(2) Any of its directors, governors, or trustees are either
appointed or nominated by, or subject to, the approval of the
governing board of the district, an official of the district, or
selected, ex officio, from the membership of the student body or
the faculty or the governing board or the administrative staff of
the district.

(e) An entity that is designated as an auxiliary organization by
the district governing board.

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