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
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|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 |
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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
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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