BILL NUMBER: AB 913	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2014
	PASSED THE ASSEMBLY  AUGUST 28, 2014
	AMENDED IN SENATE  JUNE 25, 2014
	AMENDED IN SENATE  JUNE 3, 2014
	AMENDED IN ASSEMBLY  MAY 29, 2013
	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  MARCH 12, 2013

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 22, 2013

   An act to add Section 47604.1 to the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 913, 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 those 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 employment
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.
   (6) This bill would make these provisions operative on July 1,
2015.


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

  SECTION 1.  It is the intent of the Legislature in enacting this
act to do all of the following:
   (a) Establish conflict-of-interest policies for the governing body
of charter schools that mirror existing conflict-of-interest
policies followed by the governing board of school districts.
   (b) Provide transparency in the operations of the many charter
schools that are providing quality educational options for parents
and pupils and renew the faith of parents and the community that
their local charter school is acting in the best interests of pupils.

   (c) Continue to provide greater autonomy to charter schools than
traditional public schools and provide greater transparency to
parents and the public with regard to the use of public funds by the
governing body of charter schools for the educational benefit of
their pupils.
   (d) Establish standards and procedures consistent with the Charter
Schools Act of 1992 to avoid conflicts of interest in charter
schools.
  SEC. 2.  Section 47604.1 is added to the Education Code, to read:
   47604.1.  (a) A charter school is subject to all of the following:

   (1) The Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code),
except that a charter school operated by an entity governed by the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code) is subject to the Bagley-Keene Open Meeting Act
regardless of the authorizing entity.
   (2) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code).
   (3) Article 4 (commencing with Section 1090) of Chapter 1 of
Division 4 of Title 1 of the Government Code.
   (4) The Political Reform Act of 1974 (Title 9 (commencing with
Section 81000) of the Government Code). For purposes of Section 87300
of the Government Code, a charter school shall be considered an
agency. The charter school's code reviewing body shall be determined
pursuant to Section 82011 of the Government Code.
   (b) (1) Notwithstanding Article 4 (commencing with Section 1090)
of Chapter 1 of Division 4 of Title 1 of the Government Code, both of
the following apply:
   (A) An employee of a charter school shall not be disqualified
because of that employment status from also serving as a member of
the governing body of the charter school.
   (B) A member of the governing body of a charter school who is also
an employee shall not act in his or her capacity as a member of that
governing body to make, participate in making, or use his or her
official position to influence, all matters uniquely affecting his or
her own employment with the charter school.
   (2) Notwithstanding Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code, a person
who provides a loan to, or signs a guarantor agreement relative to a
line of credit for, a charter school, shall not be disqualified from
also serving as a member of the governing body of the charter school
or from being an employee of the charter school because of that loan
agreement or line of credit agreement. A member of the governing body
of a charter school who provides a loan or signs as guarantor of a
line of credit, as described in this paragraph, shall abstain from
voting on, or influencing or attempting to influence another member
of the governing body of the charter school regarding, all matters
affecting the loan agreement or line of credit agreement. The
governing body of the charter school shall disclose and approve the
loan agreement or line of credit agreement, including the terms of
the loan and an assurance that the terms of the loan agreement or
line of credit agreement will be at zero interest or at an interest
rate that results in returns that shall not exceed the cost to enter
into the loan agreement or line of credit agreement, during a public
meeting.
   (c) A person who is disqualified by the California Constitution or
laws of the state from holding a civil office shall not serve on the
governing body of a charter school.
   (d) To the extent that the governing body of a charter school
engages in activities that are not related to the operation of the
charter school, this section does not make those unrelated activities
subject to Section 1090 of the Government Code, the Ralph M. Brown
Act, the Bagley-Keene Open Meeting Act, or the California Public
Records Act. A meeting of the governing body of a charter school to
discuss items related to the operation of the charter school shall
not include discussion of any item regarding an activity of the
governing body that is not related to the operation of the charter
school.
   (e) Notwithstanding any other law, the governing body of a charter
school may meet within the physical boundaries of the county or
counties in which one or more of the school's facilities are located
or within the physical boundaries of the charter school's chartering
authority, provided that proper notices pursuant to the Ralph M.
Brown Act or the Bagley-Keene Open Meeting Act are posted within the
physical boundaries of each of the counties in which any of the
school's facilities are located. A charter school also may meet in a
county contiguous to the county where one or more of the school's
facilities are located if at least 10 percent of the pupils who are
enrolled in the school reside in that contiguous county. A
nonclassroom-based charter school that does not have a facility may
meet within the boundaries of the county in which the greatest number
of pupils who are enrolled in the school reside. This subdivision
shall not limit the authority of the governing body to meet outside
these boundaries to the extent authorized by Section 54954 of the
Government Code, provided that the meeting place is in compliance
with Section 54961 of the Government Code.
   (f) A statement of economic interest that is filed by a designated
person at a charter school after the required deadline pursuant to
the Political Reform Act of 1974 shall not be the sole basis for
revocation of a charter pursuant to Section 47607.
   (g) For purposes of this section, "facility" means a charter
school campus, resource center, meeting space, or satellite facility.

   (h) Notwithstanding any other law, this section shall not apply to
actions taken before the operative date of this section.
   (i) This section shall become operative on July 1, 2015.