SB 49, as introduced, Lieu. School safety plans.
(1) Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools. Existing law requires the schoolsite council of a school to write and develop the school safety plan relevant to the needs and resources of the particular school. Existing law requires a schoolsite council or school safety planning committee, before adopting a school safety plan, to hold a public meeting at the schoolsite, as specified. Existing law requires schools to forward copies of their school safety plans to the school district or county office of education for approval. Existing law requires school districts and county offices of education annually to notify the State Department of Education regarding schools that fail to adopt a school safety plan.
This bill would revise and recast those procedures. The bill would require specified administrators of school districts and county offices of education to provide written notification to the Superintendent of Public Instruction identifying each school within the school district or county that has not complied with the requirement to adopt, and periodically review and update, a comprehensive school safety plan. The bill would require the Superintendent to publish, on the Internet Web site of the State Department of Education, the name of each school reported as not complying with the requirements to adopt, and periodically review and update, a comprehensive school safety plan. By requiring school and local educational agency officers to perform additional duties, the bill would impose a state-mandated local program.
(2) Existing law requires a county superintendent of schools to provide for an audit of all funds under his or her jurisdiction, and requires the governing board of a local educational agency to either provide for an audit of the books and accounts of the local educational agency or make arrangements with the county superintendent of schools having jurisdiction over the local educational agency to provide for that auditing. Existing law requires a county superintendent of schools to be responsible for reviewing the audit exceptions contained in an audit of a local educational agency under his or her jurisdiction related to specified topics, and determining whether the exceptions were either corrected or an acceptable plan of correction was developed. Existing law requires the county office of education to review certain audit exceptions upon submission and receipt of a final audit report. Existing law requires the Superintendent of Public Instruction to be responsible for ensuring that local educational agencies have either corrected or developed plans of correction for specified audit exceptions.
This bill, commencing with the 2014-15 fiscal year, would require the auditor to include in the audit report a summary of the extent to which a local educational agency has complied with the requirement that each of its schools develop a comprehensive school safety plan.
(3) Existing law establishes a public school funding system that includes, among other elements, the provision of funding to local educational agencies through state apportionments, the proceeds of property taxes collected at the local level, and other sources.
This bill would require the Superintendent of Public Instruction to withhold the next principal apportionment from a local educational agency if the Superintendent receives an audit report that finds that the local educational agency has not substantially complied with the requirement that each of its schools develop a comprehensive school safety plan, or if the Superintendent finds that a superintendent of a school district or county office of education, or an administrator in charge of a school district or county office of education without a superintendent, has committed a violation by failing to provide written notification to the Superintendent identifying each school within the district or county that has not complied with specified requirements relating to the development and adoption of comprehensive school safety plans for that school year. The bill would authorize the Superintendent to apportion these funds to the affected local educational agency only after determining that the noncompliance or violation has been corrected.
(4) The Charter Schools Act of 1992 allows one or more persons seeking to establish a charter school within a school district to circulate a petition to that effect. The act provides that a petition for the establishment of a charter school may be denied by the governing board of a school district upon a finding that the petition does not contain a reasonably comprehensive description of the procedures that the school will follow to ensure the health and safety of pupils and staff, including a requirement that each employee of the school furnish the school with a criminal record summary. The renewal of a charter is also governed by these criteria.
This bill, in addition, would add the development of a school safety plan, which includes specified elements, and that is annually reviewed by the school and updated as necessary, to the procedures that the school will follow to ensure the health and safety of pupils and staff that are to be described in a petition for the establishment of, or application for the renewal of a charter of, a charter school.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 32280 of the Education Code is amended
It is the intent of the Legislature that all California
4public schools, in kindergarten, and grades 1 to 12, inclusive,
5operated by school districts, in cooperation with local law
6enforcement agencies, community leaders, parents, pupils, teachers,
7administrators, and other persons who may be interested in the
P4 1prevention of campus crime and violence, develop a comprehensive
2school safety plan that addresses the safety concerns identified
3through a systematic planning process.
begin delete For the purposes of this end delete
begin deletesection, law enforcement agencies include local police departments, end delete
begin deletecounty sheriffs’ offices, school district police or security end delete
begin deletedepartments, probation departments, and district attorneys’ offices. end delete
begin deleteFor purposes of this section, a “safety plan” means a plan to end delete
begin deletedevelop strategies aimed at the prevention of, and education about, end delete
begin deletepotential incidents involving crime and violence on the school end delete
begin deletecampus.end delete
Section 32281 of the Education Code is amended to
(a) Each school district and county office of education
26is responsible for the overall development of all comprehensive
27school safety plans for its schools operating kindergarten or any
28of grades 1 to 12, inclusive.
29(b) (1) Except as provided in subdivision (d) with regard to a
30small school district, the schoolsite council established pursuant
31to former Section 52012, as it existed before July 1, 2005, or
32Section 52852 shall write and develop a comprehensive school
33safety plan relevant to the needs and resources of that particular
35(2) The schoolsite council may delegate this responsibility to a
36school safety planning committee made up of the following
38(A) The principal or the
begin delete principal’s designee.end delete
P5 1(B) One teacher who is a representative of the recognized
2certificated employee organization.
3(C) One parent whose child attends the school.
4(D) One classified employee who is a representative of the
5recognized classified employee organization.
6(E) Other members, if desired.
7(3) The schoolsite council shall consult with a representative
8from a law enforcement agency in the writing and development
9of the comprehensive school safety
begin delete plan.end delete
12(4) In the absence of a schoolsite council, the members specified
13in paragraph (2) shall serve as the school safety planning
15(c) Nothing in this article shall limit or take away the authority
16of school boards as guaranteed under this code.
17(d) (1) Subdivision (b) shall not apply to a small school district,
18as defined in paragraph (2), if the small school district develops a
19districtwide comprehensive school safety plan that is applicable
20to each schoolsite.
21(2) As used in this article, “small school district” means a school
22district that has fewer than 2,501 units of average daily attendance
23at the beginning of each fiscal year.
24(e) (1) When a
begin delete principalend delete or begin delete his or her designeeend delete
26through local law enforcement officials that a report has been filed
27of the occurrence of a violent crime on the schoolsite of an
28elementary or secondary school at which he or she is the
begin delete principal,end delete
29 the principal or
begin delete the principal’s end delete
begin deletedesigneeend delete may send to each pupil’s parent
31or legal guardian and each school employee a written notice of the
32occurrence and general nature of the crime. If the principal or
begin delete his end delete
begin deleteor her designeeend delete chooses to send the written
34notice, the Legislature encourages the notice be sent no later than
35the end of business on the second regular
begin delete work dayend delete after
36the verification. If, at the time of verification, local law enforcement
37officials determine that notification of the violent crime would
38hinder an ongoing investigation, the notification authorized by this
39subdivision shall be made within a reasonable period of time, to
40be determined by the local law enforcement agency and the school
P6 1district. For purposes of this section,
begin delete an act that is consideredend delete a
begin delete shall meet the definitionend delete
3 of Section
begin delete beend delete an act for which a pupil could or would be expelled
5pursuant to Section 48915.
6(2) Nothing in this subdivision shall create any liability in a
7school district or its employees for complying with paragraph (1).
8(f) (1) Notwithstanding subdivision (b), a school district or
9county office of education may, in consultation with law
10enforcement officials, elect to not have its schoolsite council
11develop and write those portions of its comprehensive school safety
12plan that include tactical responses to criminal incidents that may
13result in death or serious bodily injury at the schoolsite. The
14portions of a school safety plan that include tactical responses to
15criminal incidents may be developed by administrators of the
16school district or county office of education in consultation with
17law enforcement officials and with a representative of an exclusive
18bargaining unit of employees of that school district or county office
19of education, if he or she chooses to participate. The school district
20or county office of education may elect not to disclose those
21portions of the comprehensive school safety plan that include
22tactical responses to criminal incidents.
23(2) As used in this article, “tactical responses to criminal
24incidents” means steps taken to safeguard pupils and staff, to secure
25the affected school premises, and to apprehend the criminal
26perpetrator or perpetrators.
27(3) Nothing in this subdivision precludes the governing board
28of a school district or county office of education from conferring
29in a closed session with law enforcement officials pursuant to
30Section 54957 of the Government Code to approve a tactical
31response plan developed in consultation with those officials
32pursuant to this subdivision. Any vote to approve the tactical
33response plan shall be announced in open session following the
35(4) Nothing in this subdivision shall be construed to reduce or
36eliminate the requirements of Section 32282.
Section 32282 of the Education Code is amended to
(a) The comprehensive school safety plan shall include,
40but not be limited to, both of the following:
P7 1(1) Assessing the current status of school crime committed on
2school campuses and at school-related functions.
3(2) Identifying appropriate strategies and programs that will
4provide or maintain a high level of school safety and address the
5school’s procedures for complying with existing laws related to
6school safety, which shall include the development of all of the
8(A) Child abuse reporting procedures consistent with Article
92.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
10Part 4 of the Penal Code.
11(B) Disaster procedures, routine and emergency, including
12adaptations for pupils with disabilities in accordance with the
13federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
1412101 et seq.). The disaster procedures shall also include, but not
15be limited to, both of the following:
16(i) Establishing an earthquake emergency procedure system in
17every public school building having an occupant capacity of 50
18or more pupils or more than one classroom. A district or county
19office may work with the California Emergency Management
20Agency and the Seismic Safety Commission to develop and
21establish the earthquake emergency procedure system. The system
22shall include, but not be limited to, all of the following:
23(I) A school building disaster plan, ready for implementation
24at any time, for maintaining the safety and care of pupils and staff.
25(II) A drop procedure whereby each pupil and staff member
26takes cover under a table or desk, dropping to his or her knees,
27with the head protected by the arms, and the back to the windows.
28A drop procedure practice shall be held at least once each school
29quarter in elementary schools and at least once a semester in
31(III) Protective measures to be taken before, during, and
32following an earthquake.
33(IV) A program to ensure that pupils and both the certificated
34and classified staff are aware of, and properly trained in, the
35earthquake emergency procedure system.
36(ii) Establishing a procedure to allow a public
begin delete agency,end delete
37 including the American Red
38Cross, to use school buildings, grounds, and equipment for mass
39care and welfare shelters during disasters or other emergencies
40affecting the public health and welfare. The district or county office
P8 1shall cooperate with the public agency
2 in furnishing and maintaining the services as the
3district or county office may deem necessary to meet the needs of
5(C) Policies pursuant to subdivision (d) of Section 48915 for
6pupils who committed an act listed in subdivision (c) of Section
748915 and other school-designated serious acts which would lead
8to suspension, expulsion, or mandatory expulsion recommendations
9pursuant to Article 1 (commencing with Section 48900) of Chapter
106 of Part 27 of Division 4 of Title 2.
11(D) Procedures to notify teachers of dangerous pupils pursuant
12to Section 49079.
13(E) A discrimination and harassment policy consistent with the
14prohibition against discrimination contained in Chapter 2
15(commencing with Section 200) of Part 1.
16(F) The provisions of any schoolwide dress code, pursuant to
17Section 35183, that prohibits pupils from wearing “gang-related
18apparel,” if the school has adopted that type of a dress code. For
19those purposes, the comprehensive school safety plan shall define
20“gang-related apparel.” The definition shall be limited to apparel
21that, if worn or displayed on a school campus, reasonably could
22be determined to threaten the health and safety of the school
23environment. Any schoolwide dress code established pursuant to
24this section and Section 35183 shall be enforced on the school
25campus and at any school-sponsored activity by the principal of
26the school or the
begin delete person designated by theend delete
27 principal. For purposes of this paragraph,
28“gang-related apparel” shall not be considered a protected form
29of speech pursuant to Section 48950.
30(G) Procedures for safe ingress and egress of pupils, parents,
31and school employees to and from school.
32(H) A safe and orderly environment conducive to learning at
34(I) The rules and procedures on school discipline adopted
35pursuant to Sections 35291 and 35291.5.
P9 1(b) It is the intent of the Legislature that schools develop
2comprehensive school safety plans using existing resources,
3including the materials and services of the partnership, pursuant
4to this chapter. It is also the intent of the Legislature that schools
5use the handbook developed and distributed by the School/Law
6Enforcement Partnership Program entitled “Safe Schools: A
7Planning Guide for Action” in conjunction with developing their
8plan for school safety.
9(c) Grants to assist schools in implementing their comprehensive
10school safety plan shall be made available through the partnership
11as authorized by Section 32285.
12(d) Each schoolsite council or school safety planning committee
13in developing and updating a comprehensive school safety plan
14shall, where practical, consult, cooperate, and coordinate with
15other schoolsite councils or school safety planning committees.
16(e) The comprehensive school safety plan may be evaluated and
17amended, as needed, by the school safety planning committee, but
18shall be evaluated at least once a year, to ensure that the
19comprehensive school safety plan is properly implemented. An
20updated file of all safety-related plans and materials shall be readily
21available for inspection by
begin delete the public.end delete
23(f) As comprehensive school safety plans are reviewed and
24updated, the Legislature encourages all plans, to the extent that
25resources are available, to include policies and procedures aimed
26at the prevention of bullying.
begin deleteThe end deletecomprehensive school
begin delete as written and updated byend delete the schoolsite council or
29school safety planning
begin delete committee,end delete shall begin delete be submitted end delete
begin deletefor approval under subdivision (a) of Section 32288.end delete
Section 32285 of the Education Code is amended to
(a) The governing board of a school district, on behalf
7of one or more schools within the district that have developed a
8school safety plan, may apply to the Superintendent
begin delete of Public end delete
begin deleteInstructionend delete for a grant to implement school safety plans. The
begin delete shallend delete award grants for school safety plans that
11include, but are not limited to, the following criteria:
12(1) Assessment of the recent incidence of crime committed on
13the school campus.
14(2) Identification of appropriate strategies and programs that
15will provide or maintain a high level of school safety.
16(3) Development of an action plan, in conjunction with local
17law enforcement agencies, for implementing appropriate safety
18strategies and programs, and determining the fiscal impact of
19executing the strategies and programs. The action plan shall
20identify available resources which will provide for implementation
21of the plan.
22(b) The Superintendent
begin delete of Public Instructionend delete shall award grants
23pursuant to this section to school districts for the implementation
24of individual school safety plans in an amount not to exceed five
25thousand dollars ($5,000) for each school. No grant shall be made
26unless the school district makes available, for purposes of
27implementing the school safety plans, an amount of funds equal
28to the amount of the grant. Grants should be awarded through a
29competitive process, based upon criteria including, but not limited
30to, the merit of the proposal and the need for imposing school
31safety, based on school crime rates.
32(c) Any school receiving a grant under this section shall submit
33to the Superintendent
begin delete of Public Instructionend delete verified copies of its
34schoolsite crime report annually for three consecutive years
35following the receipt of the grant to study the impact of the
36implementation of the school safety plan on the incidence of crime
37on the campus of the school.
Section 32286 of the Education Code is amended to
(a) Each school shall adopt its comprehensive school
begin delete byend delete
3 March 1,
begin delete 2000,end delete and shall review and update its plan by
begin delete 1, everyend delete year thereafter. A
new school campus
5that begins offering classes to pupils after March 1, 2001, shall
6adopt a comprehensive school safety plan within one year of
7initiating operation, and shall review and update its plan by March
81, every year thereafter.
20(b) Commencing in July 2000, and every July thereafter, each
24 report on the status of
begin delete its schoolend delete safety
25plan, including a description of its
26key elements in the annual school accountability report card
27prepared pursuant to Sections 33126 and 35256.
Section 32286.1 is added to the Education Code, to
No later than October 15 of each year, each
2superintendent of a school district or county office of education,
3or each administrator in charge of a district or county office without
4a superintendent, shall provide written notification to the
5Superintendent identifying each school within the school district
6or county that has not complied with Section 32281 or subdivision
7(b) of Section 32286 for that school year.
Section 32287.1 is added to the Education Code, to
(a) No later than December 31 of each year, the
11Superintendent shall publish on the department’s Internet Web
12site the name of each school reported pursuant to Section 32286.1.
13(b) No later than 60 days after a notification pursuant to Section
1432287, the Superintendent shall publish on the department’s
15Internet Web site the name of every school district and county
16office so notified and the date of notification.
Section 32288 of the Education Code is repealed.
(a) In order to ensure compliance with this article, each
19school shall forward its comprehensive school safety plan to the
20school district or county office of education for approval.
21(b) (1) Before adopting its comprehensive school safety plan,
22the schoolsite council or school safety planning committee shall
23hold a public meeting at the schoolsite in order to allow members
24of the public the opportunity to express an opinion about the school
26(2) The schoolsite council or school safety planning committee
27shall notify, in writing, the following persons and entities, if
28available, of the public meeting:
29(A) The local mayor.
30(B) A representative of the local school employee organization.
31(C) A representative of each parent organization at the
32schoolsite, including the parent teacher association and parent
34(D) A representative of each teacher organization at the
36(E) A representative of the student body government.
37(F) All persons who have indicated they want to be notified.
38(3) The schoolsite council or school safety planning committee
39is encouraged to notify, in writing, the following persons and
40entities, if available, of the public meeting:
P13 1(A) A representative of the local churches.
2(B) Local civic leaders.
3(C) Local business organizations.
4(c) In order to ensure compliance with this article, each school
5district or county office of education shall annually notify the State
6Department of Education by October 15 of any schools that have
7not complied with Section 32281.
Section 32288 is added to the Education Code, to read:
(a) Each principal or administrator in charge of a school
10without a principal shall keep and maintain a copy of the most
11recent comprehensive school safety plan for that school.
12(b) Each superintendent of a school district or county office of
13education, or each administrator in charge of a district or county
14office without a superintendent, shall keep and maintain a copy of
15the most recent comprehensive school safety plan filed pursuant
16to Section 32286 and a copy of every notification made pursuant
17to Section 32286.1.
18(c) All books, documents, records, and other papers kept and
19maintained pursuant to subdivisions (a) and (b) shall be open for
20inspection and copying on business days, excluding legal holidays,
21during the hours of 9 a.m. to 5 p.m., inclusive, within 48 hours of
22a written, verbal, or electronic request by a law enforcement agency
23described in Section 32280.
Section 32289 of the Education Code, as added by
25Section 1 of Chapter 272 of the Statutes of 2004, is repealed.
A complaint of noncompliance with the school safety
27planning requirements of Title IV of the federal No Child Left
28Behind Act of 2001, 20 U.S.C. Sec. 7114(d)(7), may be filed with
29the department under the Uniform Complaint Procedures as set
30forth in Chapter 5.1 (commencing with Section 4600) of Title 5
31of the California Code of Regulations.
Section 41020 of the Education Code is amended to
(a) It is the intent of the Legislature to encourage sound
35fiscal management practices among local educational agencies for
36the most efficient and effective use of public funds for the
37education of children in California by strengthening fiscal
38accountability at the district, county, and state levels.
39(b) (1) Not later than
begin delete the first day ofend delete May of each fiscal year,
40each county superintendent of schools shall provide for an audit
P14 1of all funds under his or her jurisdiction and control and the
2governing board of each local educational agency shall either
3provide for an audit of the books and accounts of the local
4educational agency, including an audit of income and expenditures
5by source of funds, or make arrangements with the county
6superintendent of schools having jurisdiction over the local
7educational agency to provide for that auditing.
8(2) A contract to perform the audit of a local educational agency
9that has a disapproved budget or has received a negative
10certification on any budget or interim financial report during the
11current fiscal year or either of the two preceding fiscal years, or
12for which the county superintendent of schools has otherwise
13determined that a lack of going concern exists, is not valid unless
14approved by the responsible county superintendent of schools and
15the governing board.
16(3) If the governing board of a local educational agency has not
17provided for an audit of the books and accounts of the local
18educational agency by April 1, the county superintendent of schools
19having jurisdiction over the local educational agency shall provide
20for the audit of each local educational agency.
21(4) An audit conducted pursuant to this section shall comply
22fully with the Government Auditing Standards issued by the
23Comptroller General of the United States.
24(5) For purposes of this section,
“local educational agency” does
25not include community colleges.
26(c) Each audit conducted in accordance with this section shall
27include all funds of the local educational agency, including the
28student body and cafeteria funds and accounts and any other funds
29under the control or jurisdiction of the local educational agency.
30Each audit shall also include an audit of pupil attendance
32(d) All audit reports for each fiscal year shall be developed and
33reported using a format established by the Controller after
34consultation with the Superintendent and the Director of Finance.
35(e) (1) The cost of the audits provided for by the county
36superintendent of schools shall be paid from the county school
begin delete fundend delete and the county superintendent of schools shall
38transfer the pro rata share of the cost chargeable to each district
39from district funds.
P15 1(2) The cost of the audit provided for by a governing board shall
2be paid from local educational agency funds. The audit of the funds
3under the jurisdiction and control of the county superintendent of
4schools shall be paid from the county school service fund.
5(f) (1) The audits shall be made by a certified public accountant
6or a public accountant, licensed by the California Board of
7Accountancy, and selected by the local educational agency, as
8applicable, from a directory of certified public accountants and
9public accountants deemed by the Controller as qualified to conduct
10audits of local educational agencies, which shall be published by
11the Controller not later than December 31 of each year.
12(2) Commencing with the 2003-04 fiscal year and except as
13provided in subdivision (d) of Section 41320.1, it is unlawful for
14a public accounting firm to provide audit services to a local
15educational agency if the lead audit partner, or coordinating audit
16partner, having primary responsibility for the audit, or the audit
17partner responsible for reviewing the audit, has performed audit
18services for that local educational agency in each of the six previous
19fiscal years. The Education Audits Appeal Panel may waive this
20requirement if the panel finds that no otherwise eligible auditor is
21available to perform the audit.
22(3) It is the intent of the Legislature that, notwithstanding
23paragraph (2), the rotation within public accounting firms conform
24 to provisions of the federal Sarbanes-Oxley Act of 2002 (P.L.
25107-204; 15 U.S.C. Sec. 7201 et seq.), and upon release of the
26report required by the act of the Comptroller General of the United
27States addressing the mandatory rotation of registered public
28accounting firms, the Legislature intends to reconsider the
29provisions of paragraph (2). In determining which certified public
30accountants and public accountants shall be included in the
31directory, the Controller shall use the following criteria:
32(A) The certified public accountants or public accountants shall
33be in good standing as certified by the Board of Accountancy.
34(B) The certified public accountants or public accountants, as
35a result of a quality control review conducted by the Controller
36pursuant to Section 14504.2, shall not have been found to have
37conducted an audit in a manner constituting noncompliance with
38 subdivision (a) of Section 14503.
39(g) (1) The auditor’s report shall include each of the following:
P16 1(A) A statement that the audit was conducted pursuant to
2standards and procedures developed in accordance with Chapter
33 (commencing with Section 14500) of Part 9 of Division 1 of
5(B) A summary of audit exceptions and management
begin deleteEach audit of a local educational agency shall include an end delete
8evaluation by the auditor on whether there is substantial doubt
9about the ability of the local educational agency to continue as a
10going concern for a reasonable period of time. This evaluation
11shall be based on the Statement of Auditing Standards (SAS) No.
1259, as issued by the AICPA regarding disclosure requirements
13relating to the ability of the entity to continue as a going concern.
18(2) To the extent possible, a description of correction or plan
19of correction shall be incorporated in the audit report, describing
20the specific actions that are planned to be taken, or that have been
21taken, to correct the problem identified by the auditor. The
22descriptions of specific actions to be taken or that have been taken
23shall not solely consist of general comments such as “will
24implement,” “accepted the recommendation,” or “will discuss at
25a later date.”
26(h) Not later than December 15, a report of each local
27educational agency audit for the preceding fiscal year shall be filed
28with the county superintendent of schools of the county in which
29the local educational agency is located, the department, and the
30Controller. The Superintendent shall make any adjustments
31necessary in future apportionments of all state funds
begin delete,end delete
32any audit exceptions revealed by those audit reports.
33(i) (1) Commencing with the 2002-03 audit of local educational
34agencies pursuant to this section and subdivision (d) of Section
3541320.1, each county superintendent of schools shall be responsible
36for reviewing the audit exceptions contained in an audit of a local
37educational agency under his or her jurisdiction related to
38attendance, inventory of equipment, internal control, and any
39miscellaneous items, and determining whether the exceptions have
P17 1been either corrected or an acceptable plan of correction has been
3(2) Commencing with the 2004-05 audit of local educational
4agencies pursuant to this section and subdivision (d) of Section
541320.1, each county superintendent of schools shall include in
6the review of audit exceptions performed pursuant to this
7subdivision those audit exceptions related to use of instructional
8materials program funds, teacher misassignments pursuant to
9Section 44258.9, information reported on the school
10accountability report card required pursuant to Section 33126 and
11shall determine whether the exceptions are either corrected or an
12acceptable plan of correction has been developed.
13(j) Upon submission of the final audit report to the governing
14board of each local educational agency and subsequent receipt of
15the audit by the county superintendent of schools having
16jurisdiction over the local educational agency, the county office
17of education shall do all of the following:
18(1) Review audit exceptions
related to attendance, inventory of
19equipment, internal control, and other miscellaneous exceptions.
20Attendance exceptions or issues shall include, but not be limited
21to, those related to revenue limits, adult education, and independent
23(2) If a description of the correction or plan of correction has
24not been provided as part of the audit required by this section, then
25the county superintendent of schools shall notify the local
26educational agency and request the governing board of the local
27educational agency to provide to the county superintendent of
28schools a description of the corrections or plan of correction by
30(3) Review the description of correction or plan of correction
31and determine its adequacy. If the description of the correction or
32plan of correction is not adequate, the county superintendent of
33schools shall require the local educational agency to resubmit that
34portion of its response that is inadequate.
35(k) Each county superintendent of schools shall certify to the
36Superintendent and the Controller, not later than May 15, that his
37or her staff has reviewed all audits of local educational agencies
38under his or her jurisdiction for the prior fiscal year, that all
39exceptions that the county superintendent was required to review
40were reviewed, and that all of those exceptions, except as otherwise
P18 1noted in the certification, have been corrected by the local
2educational agency or that an acceptable plan of correction has
3been submitted to the county superintendent of schools. In addition,
4the county superintendent shall identify, by local educational
5agency, any attendance-related audit exception or exceptions
6involving state funds, and require the local educational agency to
7which the audit exceptions were directed to submit appropriate
8reporting forms for processing by the Superintendent.
9(l) In the audit of a local educational agency for a subsequent
10year, the auditor shall review the correction or plan or plans of
11correction submitted by the local educational agency to determine
12if the exceptions have been resolved. If not, the auditor shall
13immediately notify the appropriate county office of education and
14the department and restate the exception in the audit report. After
15receiving that notification, the department shall either consult with
16the local educational agency to resolve the exception or require
17the county superintendent of schools to follow up with the local
19(m) (1) The Superintendent shall be responsible for ensuring
20that local educational agencies have either corrected or developed
21plans of correction for any one or more of the following:
22(A) All federal and state compliance audit exceptions identified
23in the audit.
24(B) Any exceptions that the county superintendent certifies as
25of May 15 have not been corrected.
26(C) Any repeat audit exceptions that are not assigned to a county
27superintendent to correct.
28(2) In addition, the Superintendent shall be responsible for
29ensuring that county superintendents of schools and each county
30board of education that serves as the governing board of a local
31educational agency either correct all audit exceptions identified in
32the audits of county superintendents of schools and of the local
33educational agencies for which the county boards of education
34serve as the governing boards or develop acceptable plans of
35correction for those exceptions.
36(3) The Superintendent shall report annually to the Controller
37on his or her actions to ensure that school districts, county
38superintendents of schools, and each county board of education
39that serves as the governing board of a school district have either
P19 1corrected or developed plans of correction for any of the exceptions
2noted pursuant to paragraph (1).
3(n) To facilitate correction of the exceptions identified by the
4audits issued pursuant to this section, commencing with 2002-03
5audits pursuant to this section, the Controller shall require auditors
6to categorize audit exceptions in each audit report in a manner that
7will make it clear to both the county superintendent of schools and
8the Superintendent which exceptions they are responsible for
9ensuring the correction of by a local educational agency. In
10addition, the Controller annually shall select a sampling of county
11 superintendents of
begin delete schools andend delete perform a followup of the
12audit resolution process of those county superintendents of
begin delete schoolsend delete
13 and report the results of that followup to the
14Superintendent and the county superintendents of schools that
16(o) County superintendents of schools shall adjust subsequent
17local property tax requirements to correct audit exceptions relating
18to local educational agency tax rates and tax revenues.
19(p) If a governing board or county superintendent of schools
20fails or is unable to make satisfactory arrangements for the audit
21pursuant to this section, the Controller shall make arrangements
22for the audit and the cost of the audit shall be paid from local
23educational agency funds or the county school service fund, as the
24case may be.
25(q) Audits of regional occupational centers and programs are
26subject to the provisions of this section.
27(r) This section does not authorize examination of, or reports
28on, the curriculum used or provided for in any local educational
30(s) Notwithstanding any other
begin delete provision ofend delete law, a nonauditing,
31management, or other consulting service to be provided to a local
32educational agency by a certified public accounting firm while the
33certified public accounting firm is performing an audit of the
34agency pursuant to this section
begin delete mustend delete be in accord with
35Government Accounting Standards, Amendment No. 3, as
36published by the United States General Accounting Office.
Section 41338.5 is added to the Education Code, to
(a) Notwithstanding any other law, the Superintendent
2shall withhold the next principal apportionment from a local
3educational agency if either of the following occurs:
4(1) The Superintendent receives an audit report, pursuant to
5Section 41020, that finds that the local educational agency has not
6substantially complied with the requirement that each of its schools
7develop a comprehensive school safety plan pursuant to Section
9(2) The Superintendent finds that a superintendent of a school
10district or county office of education, or an administrator in charge
11of a district or county office without a superintendent, has violated
12Section 32286.1 by failing to provide written notification to the
13Superintendent identifying each school within the district or county
14that has not complied with Section 32281 or subdivision (b) of
15Section 32286 for that school year.
16(b) The Superintendent shall apportion any funds withheld
17pursuant to this section to the affected local educational agency
18only after the Superintendent determines that the noncompliance
19or violation that caused the funds to be withheld has been corrected.
Section 47605 of the Education Code, as amended
21by Section 1 of Chapter 576 of the Statutes of 2012, is amended
(a) (1) Except as set forth in paragraph (2), a petition
24for the establishment of a charter school within a school district
25may be circulated by one or more persons seeking to establish the
26charter school. A petition for the establishment of a charter school
27shall identify a single charter school that will operate within the
28geographic boundaries of that school district. A charter school
29may propose to operate at multiple sites within the school district,
30as long as each location is identified in the charter school petition.
31The petition may be submitted to the governing board of the school
32district for review after either of the following conditions is met:
33(A) The petition is signed by a number of
parents or legal
34guardians of pupils that is equivalent to at least one-half of the
35number of pupils that the charter school estimates will enroll in
36the school for its first year of operation.
37(B) The petition is signed by a number of teachers that is
38equivalent to at least one-half of the number of teachers that the
39charter school estimates will be employed at the school during its
40first year of operation.
P21 1(2) A petition that proposes to convert an existing public school
2to a charter school that would not be eligible for a loan pursuant
3to subdivision (b) of Section 41365 may be circulated by one or
4more persons seeking to establish the charter school. The petition
5may be submitted to the governing board of the school district for
6review after the petition is signed by not less than 50 percent of
7the permanent status teachers currently employed at the public
8school to be converted.
9(3) A petition shall include a prominent statement that a
10signature on the petition means that the parent or legal guardian
11is meaningfully interested in having his or her child or ward attend
12the charter school, or in the case of a teacher’s signature, means
13that the teacher is meaningfully interested in teaching at the charter
14school. The proposed charter shall be attached to the petition.
15(4) After receiving approval of its petition, a charter school that
16proposes to establish operations at one or more additional sites
17shall request a material revision to its charter and shall notify the
18authority that granted its charter of those additional locations. The
19authority that granted its charter shall consider whether to approve
20those additional locations at an open, public meeting. If the
21additional locations are approved, they shall be a material revision
22to the charter school’s charter.
23(5) A charter school that is unable to locate within the
24jurisdiction of the chartering school district may establish one site
25outside the boundaries of the school district, but within the county
26in which that school district is located, if the school district within
27the jurisdiction of which the charter school proposes to operate is
28notified in advance of the charter petition approval, the county
29superintendent of schools and the Superintendent are notified of
30the location of the charter school before it commences operations,
31and either of the following circumstances exists:
32(A) The school has attempted to locate a single site or facility
33to house the entire program, but a site or facility is unavailable in
34the area in which the school chooses to locate.
35(B) The site is needed for temporary use
during a construction
36or expansion project.
37(6) Commencing January 1, 2003, a petition to establish a charter
38school may not be approved to serve pupils in a grade level that
39is not served by the school district of the governing board
P22 1considering the petition, unless the petition proposes to serve pupils
2in all of the grade levels served by that school district.
3(b) No later than 30 days after receiving a petition, in accordance
4with subdivision (a), the governing board of the school district
5shall hold a public hearing on the provisions of the charter, at
6which time the governing board of the school district shall consider
7the level of support for the petition by teachers employed by the
8district, other employees of the district, and parents. Following
9review of the petition and the public hearing, the governing board
10of the school district shall either grant or deny the charter within
1160 days of receipt of the petition, provided, however, that the date
12may be extended by an additional 30 days if both parties agree to
13the extension. In reviewing petitions for the establishment of
14charter schools pursuant to this section, the chartering authority
15shall be guided by the intent of the Legislature that charter schools
16are and should become an integral part of the California educational
17system and that establishment of charter schools should be
18encouraged. The governing board of the school district shall grant
19a charter for the operation of a school under this part if it is satisfied
20that granting the charter is consistent with sound educational
21practice. The governing board of the school district shall not deny
22a petition for the establishment of a charter school unless it makes
23written factual findings, specific to the particular petition, setting
24forth specific facts to support one or more of the following
26(1) The charter school presents an unsound educational program
27for the pupils to be enrolled in the charter school.
28(2) The petitioners are demonstrably unlikely to successfully
29implement the program set forth in the petition.
30(3) The petition does not contain the number of signatures
31required by subdivision (a).
32(4) The petition does not contain an affirmation of each of the
33conditions described in subdivision (d).
34(5) The petition does not contain reasonably comprehensive
35descriptions of all of the following:
36(A) (i) A description of the educational
program of the school,
37designed, among other things, to identify those whom the school
38is attempting to educate, what it means to be an “educated person”
39in the 21st century, and how learning best occurs. The goals
P23 1identified in that program shall include the objective of enabling
2pupils to become self-motivated, competent, and lifelong learners.
3(ii) If the proposed school will serve high school pupils, a
4description of the manner in which the charter school will inform
5parents about the transferability of courses to other public high
6schools and the eligibility of courses to meet college entrance
7requirements. Courses offered by the charter school that are
8accredited by the Western Association of Schools and Colleges
9may be considered transferable and courses approved by the
10University of California or the California State University as
11creditable under the “A” to “G” admissions criteria may be
12considered to meet college entrance requirements.
13(B) The measurable pupil outcomes identified for use by the
14charter school. “Pupil outcomes,” for purposes of this part, means
15the extent to which all pupils of the school demonstrate that they
16have attained the skills, knowledge, and attitudes specified as goals
17in the school’s educational program. Pupil outcomes shall include
18outcomes that address increases in pupil academic achievement
19both schoolwide and for all groups of pupils served by the charter
begin delete, as that term is defined in subparagraph (B) of paragraph end delete
begin delete(3) of subdivision (a) of Section 47607end delete.
22(C) The method by which pupil progress in meeting those pupil
23outcomes is to be measured.
24(D) The governance structure of the school, including, but not
25limited to, the process to be followed by the school to ensure
27(E) The qualifications to be met by individuals to be employed
28by the school.
29(F) The procedures that the school will follow to ensure the
30health and safety of pupils and staff. These procedures shall include
begin delete theend delete
requirement that each employee of the school furnish the
33school with a criminal record summary as described in Section
39(G) The means by which the school will achieve a racial and
40ethnic balance among its pupils that is reflective of the general
P24 1population residing within the territorial jurisdiction of the school
2district to which the charter petition is submitted.
3(H) Admission requirements, if applicable.
4(I) The manner in which annual, independent financial audits
5shall be conducted, which shall employ generally accepted
6accounting principles, and the manner in which audit exceptions
7and deficiencies shall be resolved to the satisfaction of the
9(J) The procedures by which pupils can be suspended or
11(K) The manner by which staff members of the charter schools
12will be covered by the State Teachers’ Retirement System, the
13Public Employees’ Retirement System, or federal social security.
14(L) The public school attendance alternatives for pupils residing
15within the school district who choose not to attend charter schools.
16(M) A description of the rights of any employee
of the school
17district upon leaving the employment of the school district to work
18in a charter school, and of any rights of return to the school district
19after employment at a charter school.
20(N) The procedures to be followed by the charter school and
21the entity granting the charter to resolve disputes relating to
22provisions of the charter.
23(O) A declaration whether or not the charter school shall be
24deemed the exclusive public school employer of the employees of
25the charter school for purposes of Chapter 10.7 (commencing with
26Section 3540) of Division 4 of Title 1 of the Government Code.
27(P) A description of the procedures to be used if the charter
28school closes. The procedures shall ensure a final audit of the
29school to determine the disposition of all assets and liabilities of
30the charter school, including plans for disposing of any net assets
31and for the maintenance and transfer of pupil records.
32(c) (1) Charter schools shall meet all statewide standards and
33conduct the pupil assessments required pursuant to Sections 60605
34and 60851 and any other statewide standards authorized in statute
35or pupil assessments applicable to pupils in noncharter public
37(2) Charter schools shall, on a regular basis, consult with their
38parents, legal guardians, and teachers regarding the school’s
P25 1(d) (1) In addition to any other requirement imposed under this
2part, a charter school shall be nonsectarian in its programs,
3admission policies, employment practices, and all other operations,
4shall not charge tuition, and shall not discriminate against any
5pupil on the basis of the characteristics listed in Section 220. Except
6as provided in paragraph (2), admission to a charter school shall
7not be determined according to the place of residence of the pupil,
8or of his or her parent or legal guardian, within this state, except
9that an existing public school converting partially or entirely to a
10charter school under this part shall adopt and maintain a policy
11giving admission preference to pupils who reside within the former
12attendance area of that public school.
13(2) (A) A charter school shall admit all pupils who wish to
14attend the school.
15(B) If the number of pupils who wish to attend the charter school
16exceeds the school’s capacity, attendance, except for existing pupils
17of the charter school, shall be determined by a public random
18drawing. Preference shall be extended to pupils currently attending
19the charter school and pupils who reside in the district except as
20provided for in Section 47614.5. Other preferences may be
21permitted by the chartering authority on an individual school basis
22and only if consistent with the law.
23(C) In the event of a drawing, the chartering authority shall
24make reasonable efforts to accommodate the growth of the charter
25school and in no event shall take any action to impede the charter
26school from expanding enrollment to meet pupil demand.
27(3) If a pupil is expelled or leaves the charter school without
28graduating or completing the school year for any reason, the charter
29school shall notify the superintendent of the school district of the
30pupil’s last known address within 30 days, and shall, upon request,
31provide that school district with a copy of the cumulative record
32of the pupil, including a transcript of grades or report card, and
33health information. This paragraph applies only to pupils subject
34to compulsory full-time education pursuant to Section 48200.
35(e) The governing board of a school district shall not require
36any employee of the school district to be employed in a charter
38(f) The governing board of a school district shall not require
39any pupil enrolled in the school district to attend a charter school.
P26 1(g) The governing board of a school district shall require that
2the petitioner or petitioners provide information regarding the
3proposed operation and potential effects of the school, including,
4but not limited to, the facilities to be used by the school, the manner
5in which administrative services of the school are to be provided,
6and potential civil liability effects, if any, upon the school and
7upon the school district. The description of the facilities to be used
8by the charter school shall specify where the school intends to
9locate. The petitioner or petitioners shall also be required to provide
10financial statements that include a proposed first-year operational
11budget, including startup costs, and cashflow and financial
12projections for the first three years of operation.
13(h) In reviewing petitions for the establishment of charter
14schools within the school district, the governing board of the school
15district shall give preference to petitions that demonstrate the
16capability to provide comprehensive learning experiences to pupils
17identified by the petitioner or petitioners as academically low
18achieving pursuant to the standards established by the department
19under Section 54032, as it read before July 19, 2006.
20(i) Upon the approval of the petition by the governing board of
21the school district, the petitioner or petitioners shall provide written
22notice of that approval, including a copy of the petition, to the
23applicable county superintendent of schools, the department, and
24the state board.
25(j) (1) If the governing board of a school district denies a
26petition, the petitioner may elect to submit the petition for the
27establishment of a charter school to the county board of education.
28The county board of education shall review the petition pursuant
29to subdivision (b). If the petitioner elects to submit a petition for
30establishment of a charter school to the county board of education
31and the county board of education denies the petition, the petitioner
32may file a petition for establishment of a charter school with the
33state board, and the state board may approve the petition, in
34accordance with subdivision (b). A charter school that receives
35approval of its petition from a county board of education or from
36the state board on appeal shall be subject to the same requirements
37concerning geographic location to which it would otherwise be
38subject if it received approval from the entity to which it originally
39submitted its petition. A charter petition that is submitted to either
40a county board of education or to the state board shall meet all
P27 1otherwise applicable petition requirements, including the
2identification of the proposed site or sites where the charter school
4(2) In assuming its role as a chartering agency, the state board
5shall develop criteria to be used for the review and approval of
6charter school petitions presented to the state board. The criteria
7shall address all elements required for charter approval, as
8identified in subdivision (b) and shall define “reasonably
9comprehensive” as used in paragraph (5) of subdivision (b) in a
10way that is consistent with the intent of this part. Upon satisfactory
11completion of the criteria, the state board shall adopt the criteria
12on or before June 30, 2001.
13(3) A charter school for which a charter is granted by either the
14county board of education or the state board based on an appeal
15pursuant to this subdivision shall qualify fully as a charter school
16for all funding and other purposes of this part.
17(4) If either the county board of education or the state board
18fails to act on a petition within 120 days of receipt, the decision
19of the governing board of the school district to deny a petition
20shall, thereafter, be subject to judicial review.
21(5) The state board shall adopt regulations implementing this
23(6) Upon the approval of the petition by the county board of
24education, the petitioner or petitioners shall provide written notice
25of that approval, including a copy of the petition to the department
26and the state board.
27(k) (1) The state board may, by mutual agreement, designate
28its supervisorial and oversight responsibilities for a charter school
29approved by the state board to any local educational agency in the
30county in which the charter school is located or to the governing
31board of the school district that first denied the petition.
32(2) The designated local educational agency shall have all
33monitoring and supervising authority of a chartering agency,
34including, but not limited to, powers and duties set forth in Section
3547607, except the power of revocation, which shall remain with
36the state board.
37(3) A charter school that is granted its charter through an appeal
38to the state board and elects to seek renewal of its charter shall,
39before expiration of the charter, submit its petition for renewal to
40the governing board of the school district that initially denied the
P28 1charter. If the governing board of the school district denies the
2school’s petition for renewal, the school may petition the state
3board for renewal of its charter.
4(l) Teachers in charter schools shall hold a Commission on
5Teacher Credentialing certificate, permit, or other document
6equivalent to that which a teacher in other public schools would
7be required to hold. These documents shall be maintained on file
8at the charter school and are subject to periodic inspection by the
9chartering authority. It is the intent of the Legislature that charter
10schools be given flexibility with regard to noncore, noncollege
12(m) A charter school shall transmit a copy of its annual,
13independent financial audit report for the preceding fiscal year, as
14 described in subparagraph (I) of paragraph (5) of subdivision (b),
15to its chartering entity, the Controller, the county superintendent
16of schools of the county in which the charter school is sited, unless
17the county board of education of the county in which the charter
18school is sited is the chartering entity, and the department by
19December 15 of each year. This subdivision does not apply if the
20audit of the charter school is encompassed in the audit of the
21chartering entity pursuant to Section 41020.
If the Commission on State Mandates determines
23that this act contains costs mandated by the state, reimbursement
24to local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.