AB 913, as amended, Chau. Charter schools.
(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend.
This bill would expressly state that a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act.
(2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure.
This bill would expressly state that a charter school is subject to the California Public Records Act.
(3) Existing law prohibits certain public officials, including, but not limited to, state, county, or district officers or employees, from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members, except as provided.
This bill would expressly state that a charter school is subject to these provisions.
(4) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position.
This bill would expressly state that a charter school is subject to the Political Reform Act of 1974.
(5) This bill would state various exceptions and clarifications regarding the applicability of the acts described above in paragraphs (1) to (4), inclusive, including, among others, that an employee of a charter school is not disqualified from serving as a member of the governing body of the charter school because of that employmentbegin delete status.end deletebegin insert
status, and that a member of the governing body of a charter school is authorized to provide a loan to, or sign a guarantor agreement relative to a line of credit for, the charter school, as specified.end insert
(6) This bill would make these provisions operative on July 1, 2015.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting this
2act to do all of the following:
3(a) Establish conflict-of-interest policies for the governing body
4of charter schools that mirror existing conflict-of-interest policies
5followed by the governing board of school districts.
P3 1(b) Provide transparency in the operations of the many charter
2schools that are providing quality educational options for parents
3and pupils and renew the faith of parents and the community that
4their local charter school is acting in the best interests of pupils.
5(c) Continue to provide greater autonomy to charter schools
6than traditional public schools and provide greater transparency
7to parents and the public with regard to the use of public funds by
8the governing body of charter schools for the educational benefit
9of their pupils.
10(d) Establish standards and procedures consistent with the
11Charter Schools Act of 1992 to avoid conflicts of interest in charter
12schools.
Section 47604.1 is added to the Education Code, to
14read:
(a) A charter school is subject to all of the following:
16(1) The Ralph M. Brown Act (Chapter 9 (commencing with
17Section 54950) of Part 1 of Division 2 of Title 5 of the Government
18Code), except that a charter school operated by an entity governed
19by the Bagley-Keene Open Meeting Act (Article 9 (commencing
20with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title
212 of the Government Code) is subject to the Bagley-Keene Open
22Meeting Act regardless of the authorizing entity.
23(2) The California Public Records Act (Chapter
3.5
24(commencing with Section 6250) of Division 7 of Title 1 of the
25Government Code).
26(3) Article 4 (commencing with Section 1090) of Chapter 1 of
27Division 4 of Title 1 of the Government Code.
28(4) The Political Reform Act of 1974 (Title 9 (commencing
29with Section 81000) of the Government Code). For purposes of
30Section 87300 of the Government Code, a charter school shall be
31considered an agency.begin insert The charter school’s code reviewing body
32shall be determined pursuant to Section 82011 of the Government
33Code.end insert
34(b) Notwithstanding Article 4 (commencing with Section 1090)
35of Chapter 1 of Division 4 of Title 1 of the Government Code, an
36employee of a charter school is not disqualified because of that
37employment status from also serving as a member of the governing
38body of the charter school. A member of the governing body of a
39charter school shall abstain from voting on, or influencing or
40attempting to influence another member of the governing body
P4 1regarding, all matters uniquely affecting his or her own
2employment.
3(b) (1) Notwithstanding Article 4 (commencing with Section
41090) of Chapter 1 of Division 4 of Title 1 of the Government
5Code, both of the following apply:
6(A) An employee of a charter school shall not be disqualified
7because of that employment status from also serving as a member
8of the governing body of the charter school.
9(B) A member of the governing body of a charter school who
10is also an employee shall not act in his or her capacity as a member
11of that governing body to make, participate in making, or use his
12or her official position to influence, all matters uniquely affecting
13
his or her own employment with the charter school.
14(2) Notwithstanding Article 4 (commencing with Section 1090)
15of Chapter 1 of Division 4 of Title 1 of the Government Code, a
16person who provides a loan to, or signs a guarantor agreement
17relative to a line of credit for, a charter school, shall not be
18disqualified from also serving as a member of the governing body
19of the charter school or from being an employee of the charter
20school because of that loan agreement or line of credit agreement.
21A member of the governing body of a charter school who provides
22a loan or signs as guarantor of a line of credit, as described in
23this paragraph, shall abstain from voting on, or influencing or
24attempting to influence another member of the governing body of
25the charter school regarding, all matters affecting the loan
26agreement or line of credit agreement. The governing body of the
27charter school shall disclose and approve the loan agreement or
28line of
credit agreement, including the terms of the loan and an
29assurance that the terms of the loan agreement or line of credit
30agreement will be at zero interest or at an interest rate that results
31in returns that shall not exceed the cost to enter into the loan
32agreement or line of credit agreement, during a public meeting.
33(c) A person who is disqualified by the California Constitution
34or laws of the state from holding a civil office shall not serve on
35the governing body of a charter school.
36(d) To the extent that the governing body of a charter school
37engages in activities that are not related to the operation of the
38charter school, this section does not make those unrelated activities
39subject to Section 1090 of the Government Code, the Ralph M.
40Brown Act, the Bagley-Keene Open
Meeting Act, or the California
P5 1Public Records Act. A meeting of the governing body of a charter
2school to discuss items related to the operation of the charter school
3shall not include discussion of any item regarding an activity of
4the governing body that is not related to the operation of the charter
5school.
6(e) begin deleteThe end deletebegin insertNotwithstanding any other law, the end insertgoverning body of
7a charter school may meet within the physical boundaries of the
8county or counties in which one or more of the school’s facilities
9are locatedbegin insert or within the physical boundaries of the charter
10school’s chartering authority,end insert
provided that proper notices pursuant
11to the Ralph M. Brown Act or the Bagley-Keene Open Meeting
12Act are posted within the physical boundaries of each of the
13counties in which any of the school’s facilities are located. A
14charter school also may meet in a county contiguous to the county
15where one or more of the school’s facilities are located if at least
1610 percent of the pupils who are enrolled in the school reside in
17that contiguous county. A nonclassroom-based charter school that
18does not have a facility may meet within the boundaries of the
19county in which the greatest number of pupils who are
enrolled in
20the school reside. This subdivision shall not limit the authority of
21the governing body to meet outside these boundaries to the extent
22authorized by Section 54954 of the Government Code, provided
23that the meeting place is in compliance with Section 54961 of the
24Government Code.
25(f) A statement of economic interest that is filed by a designated
26person at a charter school after the required deadline pursuant to
27the Political Reform Act of 1974 shall not be the sole basis for
28revocation of a charter pursuant to Section 47607.
29(g) For purposes of this section, “facility” means a charter school
30campus, resource center, meeting space, or satellite facility.
31(h) Notwithstanding any other law, this section
shall not apply
32to actions taken before the operative date of this section.
33(i) This section shall become operative on July 1, 2015.
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