BILL ANALYSIS Ó AB 917 Page 1 ASSEMBLY THIRD READING AB 917 (Bradford) As Introduced February 22, 2013 Majority vote EDUCATION 6-1 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Buchanan, Campos, Chávez, |Ayes:|Gatto, Bocanegra, | | |Nazarian, Weber, Williams | |Bradford, | | | | |Ian Calderon, Campos, | | | | |Eggman, Gomez, Hall, | | | | |Holden, Pan, Quirk, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Olsen |Nays:|Harkey, Bigelow, | | | | |Donnelly, Linder, Wagner | ----------------------------------------------------------------- SUMMARY : Requires a charter school petition to include signatures from at least 50% of the total number of nonsupervisorial certificated and classified employees the petitioner estimates that will be employed by the charter school in the first year of operation; requires a conversion charter school petition to include at least 50% of the total number of nonsupervisorial certificated and classified employees currently employed at the school that is to be converted to a charter school; and, requires the signature petition to prominently display a statement that the classified employee has a meaningful interest in working at the charter school. EXISTING LAW requires a petition seeking to establish a new charter school to include signatures of at least one half of the parents or guardians of students that the petitioner expects to enroll in the charter school in the first year of operation, or signatures by a number of teachers that is equal to at least half the teachers estimated to be employed at the charter school in the first year of operation; requires a petition seeking to convert an existing public school to a charter school, to include the signatures of no less than 50% of the permanent status teachers employed at the public school proposed to be converted to a charter school; and, requires the charter school signature petition to prominently display a statement that the signatures represent that either the parents have a meaningful interest in having their child attend the charter AB 917 Page 2 school, or the teachers have a meaningful interest in teaching at the charter school. FISCAL EFFECT : According to the Assembly Appropriations Committee, in an analysis of a substantially similar bill, minor absorbable costs, likely less than $80,000, to school districts to implement this measure. Current law requires school district governing boards to consider the level of support for the charter petition by teachers and other employees of the district. COMMENTS : According to the California Department of Education (CDE), the 2012-13 count of operating charter schools is 1,062 which includes three statewide benefit charters and 33 State Board of Education approved charters, with student enrollment of more than 456,000 in the state. Some charter schools are new, while others are conversions from existing public schools. Charter schools are part of the state's public education system and are funded by public dollars. Background on classified employees . This bill requires charter school petitions to include 50% of the nonsupervisorial certificated and classified employees the charter school estimates will be employed by the charter school; and, requires, for a conversion charter school petition, 50% of the nonsupervisorial certificated and classified employees currently employed at the school to be converted. Existing law requires conversion charter school petitions to attain signatures from 50% of the permanent status teachers that currently work at a school to be converted. According to the author, the provisions of this bill achieve parity with regard to the signatures required from permanent teachers by requiring signatures from permanent classified staff, who are also at risk of losing their jobs. Would this make petitioning for a charter school more difficult ? Requiring classified staff to sign a conversion charter school petition will raise the number of total signatures required for the petition. The number of classified staff at an individual schoolsite varies greatly depending on the type of school, size of school and resources at the schoolsite. Therefore, it is difficult to assess whether attaining these additional signatures will be a difficult barrier for a conversion charter school petition. One could estimate that on a given schoolsite, this signature requirement could vary from as few as three signatures to nearly 60 signatures, in addition to the signatures required for teachers. AB 917 Page 3 According to the Service Employees International Union (SEIU), the number of classified staff changes from schoolsite to schoolsite, depending on their need for aides for English language learners and special education students. In addition, some schools have paid security personnel and playground supervisors, while some do not. It is very hard to have an exact number because classified staffing is driven on an as needed basis and funding basis. The Legislature should consider how including classified employees in the signature requirement will make the conversion petition process more difficult. According to the author, classified employees play a crucial role in the safety and functionality of schools across the state, including charter schools. Despite their positive impact, current law excludes classified employees from taking part in the petition process to establish a charter school. Petitions for new charter schools must include signatures of at least 50% of the parents or guardians of students expected to enroll in the charter school in the first year of operation, or signatures at least half the teachers estimated to be employed at the charter school in the first year of operation. Petitions seeking to convert an existing public school to a charter school must include the signatures of no less than 50% of the permanent status teachers employed at the public school proposed to be converted to a charter school. This bill would expand the existing charter school signature requirement to include classified employees along with teachers. The bill does not increase the existing percentage of signatures needed, it simply expands the pool of potential signatories to include classified workers. Classified employees have proven their commitment throughout the years to the students, parents, and teachers of charter schools. This bill would merely recognize their role. Previous legislation : AB 86 (Mendoza) from 2011, which is nearly identical to this bill and was vetoed by the Governor with the following message: Charter schools are a small but important part of the California public school system. They vary by size, mission, governing structure and educational philosophy. Their purpose is to allow parents, teachers and other interested citizens to form public schools outside the more detailed regulatory framework of the regular school system. They are profoundly difficult to establish and even more difficult to maintain and grow in excellence. AB 917 Page 4 Having started two myself, I know whereof I speak. Notwithstanding the important contributions classified staff make to the operation of a school, this bill would unnecessarily complicate an already difficult charter school petition process. I believe the existing law is tough enough. Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087FN: 0000170