BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 917
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        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
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        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.   








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        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.  








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             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