BILL NUMBER: AB 1032	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 22, 2013

   An act to add Section 47614.1 to the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1032, as introduced, Gordon. Charter schools: facilities:
disputes.
   Existing law requires that each school district make available to
each charter school operating in the school district facilities
sufficient for the charter school to accommodate all of the charter
school's in-district students in conditions reasonably equivalent to
those in which the students would be accommodated if they were
attending other public schools of the district. Existing law
authorizes the school district to charge the charter school a pro
rata share of the school district facilities costs that the school
district pays for with unrestricted general fund revenues.
   This bill would provide that the Legislature finds and declares
that it is in the public interest that parties to school facilities
disputes that arise out of the above provisions be encouraged to seek
resolution through mediation prior to seeking relief in a court of
law. The bill would require a mediation conference to be scheduled in
a timely manner and held at a time and place reasonably convenient
to the parties of the dispute.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 47614.1 is added to the Education Code, to
read:
   47614.1.  (a) The Legislature finds and declares that it is in the
public interest that parties to school facilities disputes
originating from Section 47614 be encouraged to seek resolution
through mediation prior to seeking relief in a court of law. The
prehearing mediation conference may be an informal process conducted
in a nonadversarial atmosphere to resolve issues relating to school
facilities disputes originating from Section 47614, to the
satisfaction of both parties. Therefore, attorneys or other
independent contractors used to provide legal advocacy services shall
not attend or otherwise participate in the prehearing mediation
conference.
   (b) This section does not preclude the parties to the dispute from
being accompanied and advised by nonattorney representatives in the
mediation conferences and consulting with an attorney prior to or
following a mediation conference.
   (c) If the mediation conference fails to resolve the issues to the
satisfaction of all parties, either party may seek relief in a court
of law.
   (d) A mediation conference held pursuant to this section shall be
scheduled in a timely manner and shall be held at a time and place
reasonably convenient to the parties to the dispute.