SB 49, as amended, 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, among other things, require each school to adopt its comprehensive school safety plan by March 1, 2014, and to review and update its plan by March 1 of every 3rd year thereafter. 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 department to monitor compliance with these provisions using an existing monitoring framework. By requiring school and local educational agency officers to perform additional duties, the bill would impose a state-mandated local program.
(2) 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 would be required to include specified topics, and that is
begin delete annuallyend delete reviewed
by the school begin delete and updated as necessaryend delete, 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.
(3) 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
(a) 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
8prevention of campus crime and violence, develop a comprehensive
9school safety plan that addresses the safety concerns identified
10through a systematic planning process.
11(b) (1) For the purposes of this article, law enforcement agencies
12include local police departments, county sheriffs’ offices, school
13district police or security departments, probation departments, the
14Attorney General, any district attorney, or any city attorney.
15(2) For purposes of this article, “safety plan” means a plan to
16develop strategies aimed at the prevention of, and education about,
17potential incidents involving crime and violence on the school
19(3) For purposes of Sections 32281 and 32282, “principal”
20includes the principal’s designee and “administrator in charge”
21includes the designee of the administrator in charge.
Section 32281 of the Education Code is amended to
(a) Each school district and county office of education
25is responsible for the overall development of all comprehensive
26school safety plans for its schools operating kindergarten or any
27of grades 1 to 12, inclusive.
28(b) (1) Except as provided in subdivision (d) with regard to a
29small school district, the schoolsite council established pursuant
30to former Section 52012, as it existed before July 1, 2005, or
31Section 52852 shall write and develop a comprehensive school
32safety plan relevant to the needs and resources of that particular
34(2) The schoolsite council may delegate this responsibility to a
35school safety planning committee made up of the following
37(A) The principal or the administrator in charge of a school
38without a principal.
P4 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
8from a law enforcement agency in the writing and development
9of the comprehensive school safety plan.
10(4) In the absence of a schoolsite council, the members specified
11in paragraph (2) shall serve as the school safety planning
13(c) Nothing in this article shall limit or take away the authority
14of school boards as guaranteed under this code.
15(d) (1) Subdivision (b) shall not apply to a small school district,
16as defined in paragraph (2), if the small school district develops a
17districtwide comprehensive school safety plan that is applicable
18to each schoolsite.
19(2) As used in this article, “small school
district” means a school
20district that has fewer than 2,501 units of average daily attendance
21at the beginning of each fiscal year.
22(e) (1) When a principal, or the administrator in charge of a
23school without a principal, verifies through local law enforcement
24officials that a report has been filed of the occurrence of a violent
25crime on the schoolsite of an elementary or secondary school at
26which he or she is the principal or administrator in charge, the
27principal or administrator in charge may send to each pupil’s parent
28or legal guardian and each school employee a written notice of the
29occurrence and general nature of the crime. If the principal or
30administrator in charge chooses to send the written notice, the
31Legislature encourages the notice be sent no later than the end of
32business on the second regular workday after the verification. If,
33at the time of verification, local law enforcement officials
34determine that notification of the violent crime would hinder an
35ongoing investigation, the notification authorized by this
36subdivision shall be made within a reasonable period of time, to
37be determined by the local law enforcement agency and the school
38district. For purposes of this section, a “violent crime” means a
39Part 1 violent crime as defined in paragraph (2) of subdivision (i)
P5 1of Section 67381 and is an act for which a pupil could or would
2be expelled pursuant to Section 48915.
3(2) Nothing in this subdivision shall create any liability in a
4school district or its employees for complying with paragraph (1).
5(f) (1) Notwithstanding subdivision (b), a school district or
6county office of education may, in consultation with law
7enforcement officials, elect to not have its schoolsite council
8develop and write those portions of its comprehensive school safety
9plan that include tactical responses to criminal incidents that may
10result in death or serious bodily injury at the schoolsite. The
11portions of a school safety plan that include tactical responses to
12criminal incidents may be developed by administrators of the
13school district or county office of education in consultation with
14law enforcement officials and with a representative of an exclusive
15bargaining unit of employees of that school district or county office
16of education, if he or she chooses to participate. The school district
17or county office of education may elect not to disclose those
18portions of the comprehensive school safety plan that include
19tactical responses to criminal incidents.
20(2) As used in this article, “tactical responses to criminal
21incidents” means steps taken to safeguard pupils and staff, to secure
22the affected school premises, and to apprehend the criminal
23perpetrator or perpetrators.
24(3) Nothing in this subdivision precludes the governing board
25of a school district or county office of education from conferring
26in a closed session with law enforcement officials pursuant to
27Section 54957 of the Government Code to approve a tactical
28response plan developed in consultation with those officials
29pursuant to this subdivision. Any vote to approve the tactical
30response plan shall be announced in open session following the
32(4) Nothing in this subdivision shall be construed to reduce or
33eliminate the requirements of Section 32282.
Section 32282 of the Education Code is amended to
(a) The comprehensive school safety plan shall include,
37but not be limited to, both of the following:
38(1) Assessing the current status of school crime committed on
39school campuses and at school-related functions.
P6 1(2) Identifying appropriate strategies and programs that will
2provide or maintain a high level of school safety and address the
3school’s procedures for complying with existing laws related to
4school safety, which shall include the development of all of the
6(A) Child abuse reporting procedures consistent with
72.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
8Part 4 of the Penal Code.
9(B) Disaster procedures, routine and emergency, including
10adaptations for pupils with disabilities in accordance with the
11federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
1212101 et seq.). The disaster procedures shall also include, but not
13be limited to, both of the following:
14(i) Establishing an earthquake emergency procedure system in
15every public school building having an occupant capacity of 50
16or more pupils or more than one classroom. A district or county
17office may work with the California Emergency Management
18Agency and the Seismic Safety Commission to develop and
19establish the earthquake emergency procedure system. The system
20shall include, but not be limited to, all of the following:
21(I) A school building disaster plan, ready for implementation
22at any time, for maintaining the safety and care of pupils and staff.
23(II) A drop procedure whereby each pupil and staff member
24takes cover under a table or desk, dropping to his or her knees,
25with the head protected by the arms, and the back to the windows.
26A drop procedure practice shall be held at least once each school
27quarter in elementary schools and at least once each semester in
29(III) Protective measures to be taken before, during, and
30 following an earthquake.
31(IV) A program to ensure that pupils and both the certificated
32and classified staff are aware of, and properly trained in, the
33earthquake emergency procedure system.
34(ii) Establishing a procedure to allow a public agency or
35nongovernmental organization, including the American Red Cross,
36to use school buildings, grounds, and equipment for mass care and
37welfare shelters during disasters or other emergencies affecting
38the public health and welfare. The district or county office shall
39cooperate with the public agency or nongovernmental organization
P7 1in furnishing and maintaining the services as the district or county
2office may deem necessary to meet the needs of the community.
3(C) Policies pursuant to subdivision (d) of Section 48915 for
4pupils who committed an act listed in subdivision (c) of Section
548915 and other school-designated serious acts which would lead
6to suspension, expulsion, or mandatory expulsion recommendations
7pursuant to Article 1 (commencing with Section 48900) of Chapter
86 of Part 27 of Division 4 of Title 2.
9(D) Procedures to notify teachers of dangerous pupils pursuant
10to Section 49079.
11(E) A discrimination and harassment policy consistent with the
12prohibition against discrimination contained in Chapter 2
13(commencing with Section 200) of Part 1.
14(F) The provisions of any schoolwide dress code, pursuant to
15Section 35183, that prohibits pupils from wearing “gang-related
16apparel,” if the school has adopted that type of a dress code. For
17those purposes, the comprehensive school safety plan shall define
18“gang-related apparel.” The definition shall be limited to apparel
19 that, if worn or displayed on a school campus, reasonably could
20be determined to threaten the health and safety of the school
21environment. Any schoolwide dress code established pursuant to
22this section and Section 35183 shall be enforced on the school
23campus and at any school-sponsored activity by the principal of
24the school or the administrator in charge of a school without a
25principal. For the purposes of this paragraph, “gang-related
26apparel” shall not be considered a protected form of speech
27pursuant to Section 48950.
28(G) Procedures for safe ingress and egress of pupils, parents,
29and school employees to and from school.
30(H) A safe and orderly environment conducive to learning at
32(I) Procedures related to individuals with guns on school
33campuses and at school-related functions, including, but not limited
34to, training programs related to active shooters and active terrorists.
35(J) The rules and procedures on school discipline adopted
36pursuant to Sections 35291 and 35291.5.
37(b) It is the intent of the Legislature that schools develop
38comprehensive school safety plans using existing resources,
39including the materials and services of the partnership, pursuant
40to this chapter. It is also the intent of the Legislature that schools
P8 1use the handbook developed and distributed by the School/Law
2Enforcement Partnership Program entitled “Safe Schools: A
3Planning Guide for Action” in conjunction with developing their
4plan for school safety.
5(c) Grants to assist schools in implementing their comprehensive
6school safety plan shall be made available through the partnership
7as authorized by Section 32285.
8(d) Each schoolsite council or school safety planning committee
9in developing and updating a comprehensive school safety plan
10shall, where practical, consult, cooperate, and coordinate with
11other schoolsite councils or school safety planning committees.
12(e) The comprehensive school safety plan may be evaluated and
13amended, as needed, by the school safety planning committee, but
14shall be evaluated at least once a year, to ensure that the
15comprehensive school safety plan is properly implemented. An
16updated file of all safety-related plans and materials shall be readily
17available for inspection by law enforcement and school employees.
18(f) As comprehensive school safety plans are reviewed and
19updated, the Legislature encourages all plans, to the extent that
20resources are available, to include policies and procedures aimed
21at the prevention of bullying.
Section 32285 of the Education Code is amended to
(a) The governing board of a school district, on behalf
25of one or more schools within the district that have developed a
26school safety plan, may apply to the Superintendent for a grant to
27implement school safety plans. The partnership may award grants
28for school safety plans that include, but are not limited to, the
30(1) Assessment of the recent incidence of crime committed on
31the school campus.
32(2) Identification of appropriate strategies and programs that
33will provide or maintain a high level of school safety.
34(3) Development of an action plan, in conjunction with local
35law enforcement agencies, for implementing appropriate safety
36strategies and programs, and determining the fiscal impact of
37executing the strategies and programs. The action plan shall
38identify available resources which will provide for implementation
39of the plan.
P9 1(b) The Superintendent shall award grants pursuant to this
2section to school districts for the implementation of individual
3school safety plans in an amount not to exceed five thousand
4dollars ($5,000) for each school. No grant shall be made unless
5the school district makes available, for purposes of implementing
6the school safety plans, an amount of funds equal to the amount
7of the grant. Grants should be awarded through a competitive
8process, based upon criteria including, but not limited to, the merit
9of the proposal and the need for imposing school safety, based on
10school crime rates.
11(c) Any school receiving a grant under this section shall submit
12to the Superintendent verified copies of its schoolsite crime report
13annually for three consecutive years following the receipt of the
14grant to study the impact of the implementation of the school safety
15plan on the incidence of crime on the campus of the school.
Section 32286 of the Education Code is amended to
(a) Each school shall adopt its comprehensive school
19safety plan by March 1, 2014, and shall review and update its plan
20by March 1 of every third year thereafter. A new school campus
21that begins offering classes to pupils after March 1, 2001, shall
22adopt a comprehensive school safety plan within one year of
23initiating operation, and shall review and update its plan by March
241 every year thereafter.
25(b) No later than July 31 of every third year, the
26administrator in charge of a school without a principal shall
27accurately report on the status of the school’s safety plan for the
28upcoming school year, including a description of its key elements
29in the annual school accountability report card prepared pursuant
30to Sections 33126 and 35256. The report shall include, but is not
31limited to, whether or not a school safety plan was adopted for the
32upcoming year, the date the school safety plan was adopted and a
33description of the safety plan’s elements as set forth in Section
35(c) Each school principal or administrator in charge of a school
36without a principal shall provide written or electronic notice to
37each teacher and classified employee that the adopted school safety
38plan is readily available for inspection.
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 32288 of the Education Code is amended to
(a) In order to ensure compliance with this article, each
11school shall forward its comprehensive school safety plan to the
12school district or county office of education for approval.
13(b) (1) (A) Before adopting its comprehensive school safety
14plan, the schoolsite council or school safety planning committee
15shall hold a public meeting at the schoolsite in order to allow
16members of the public the opportunity to express an opinion about
17the school safety plan.
18(B) Confidential information relating to tactical responses to
19criminal incidents, pursuant to paragraph (1) of subdivision (f) of
20Section 32281, shall not be included at the public meeting.
21(2) The schoolsite council or school safety planning committee
22shall notify, in writing, the following persons and entities, if
23available, of the public meeting:
24(A) The local mayor.
25(B) A representative of the local school employee organization.
26(C) A representative of each parent organization at the
27schoolsite, including the parent teacher association and parent
29(D) A representative of each teacher organization at the
31(E) A representative of the student body government.
32(F) All persons who have indicated they want to be notified.
33(3) The schoolsite council or school safety planning committee
34is encouraged to notify, in writing, the following persons and
35entities, if available, of the public meeting:
36(A) A representative of the local churches.
37(B) Local civic leaders.
38(C) Local business organizations.
39(c) In order to ensure compliance with this article, each school
40district or county office of education shall annually notify the
P11 1department by October 15 of any schools that have not complied
2with Section 32281.
Section 32288.1 is added to the Education Code, to
(a) Each principal or administrator in charge of a
6school without a principal shall keep and maintain a copy of the
7most recent comprehensive school safety plan for that school.
8(b) Each superintendent of a school district or county office of
9education, or each administrator in charge of a district or county
10office without a superintendent, shall keep and maintain a copy of
11the most recent comprehensive school safety plan filed pursuant
12to Section 32288 and a copy of every notification made pursuant
13to Section 32286.1.
14(c) All books, documents, records, and other papers
15maintained pursuant to subdivisions (a) and (b) shall be open for
16inspection and copying on business days, excluding legal holidays,
17during the hours of 9 a.m. to 5 p.m., inclusive, within 48 hours of
18a written, verbal, or electronic request by a law enforcement agency
19described in Section 32280.
Section 32289 of the Education Code, as added by
21Section 1 of Chapter 272 of the Statutes of 2004, is repealed.
Section 32289.5 is added to the Education Code, to
The department shall monitor compliance with this
25article using an existing monitoring framework.
Section 47605 of the Education Code
is amended to
(a) (1) Except as set forth in paragraph (2), a petition
29for the establishment of a charter school within a school district
30may be circulated by one or more persons seeking to establish the
31charter school. A petition for the establishment of a charter school
32shall identify a single charter school that will operate within the
33geographic boundaries of that school district. A charter school
34may propose to operate at multiple sites within the school district,
35as long as each location is identified in the charter school petition.
36The petition may be submitted to the governing board of the school
37district for review after either of the following conditions is met:
38(A) The petition is signed by a number of parents or legal
39guardians of pupils that is equivalent to at least one-half of the
P12 1number of pupils that the charter school estimates will enroll in
2the school for its first year of operation.
3(B) The petition is signed by a number of teachers that is
4equivalent to at least one-half of the number of teachers that the
5charter school estimates will be employed at the school during its
6first year of operation.
7(2) A petition that proposes to convert an existing public school
8to a charter school that would not be eligible for a loan pursuant
9to subdivision (b) of Section 41365 may be circulated by one or
10more persons seeking to establish the charter school. The petition
11may be submitted to the governing board of the school district for
12review after the petition is signed by not less than 50 percent of
13the permanent status teachers currently employed at the public
14school to be converted.
15(3) A petition shall include a prominent statement that a
16signature on the petition means that the parent or legal guardian
17is meaningfully interested in having his or her child or ward attend
18the charter school, or in the case of a teacher’s signature, means
19that the teacher is meaningfully interested in teaching at the charter
20school. The proposed charter shall be attached to the petition.
21(4) After receiving approval of its petition, a charter school that
22proposes to establish operations at one or more additional sites
23shall request a material revision to its charter and shall notify the
24authority that granted its charter of those additional locations. The
25authority that granted its charter shall consider whether to approve
26those additional locations at an open, public meeting. If the
27additional locations are approved, they shall be a material revision
28to the charter school’s charter.
29(5) A charter school that is unable to locate within the
30jurisdiction of the chartering school district may establish one site
31outside the boundaries of the school district, but within the county
32in which that school district is located, if the school district within
33the jurisdiction of which the charter school proposes to operate is
34notified in advance of the charter petition approval, the county
35superintendent of schools and the Superintendent are notified of
36the location of the charter school before it commences operations,
37and either of the following circumstances exists:
38(A) The school has attempted to locate a single site or facility
39to house the entire program, but a site or facility is unavailable in
40the area in which the school chooses to locate.
P13 1(B) The site is needed for temporary use during a construction
2or expansion project.
3(6) Commencing January 1, 2003, a petition to establish a charter
4school may not be approved to serve pupils in a grade level that
5is not served by the school district of the governing board
6considering the petition, unless the petition proposes to serve pupils
7in all of the grade levels served by that school district.
8(b) No later than 30 days after
receiving a petition, in accordance
9with subdivision (a), the governing board of the school district
10shall hold a public hearing on the provisions of the charter, at
11which time the governing board of the school district shall consider
12the level of support for the petition by teachers employed by the
13district, other employees of the district, and parents. Following
14review of the petition and the public hearing, the governing board
15of the school district shall either grant or deny the charter within
1660 days of receipt of the petition, provided, however, that the date
17may be extended by an additional 30 days if both parties agree to
18the extension. In reviewing petitions for the establishment of
19charter schools pursuant to this section, the chartering authority
20shall be guided by the intent of the Legislature that charter schools
21are and should become an integral part of the California educational
22system and that the establishment of charter schools should be
23encouraged. The governing board of the school district shall grant
24a charter for the operation of a school under this part if it is satisfied
25that granting the charter is consistent with sound educational
26practice. The governing board of the school district shall not deny
27a petition for the establishment of a charter school unless it makes
28written factual findings, specific to the particular petition, setting
29forth specific facts to support one or more of the following
31(1) The charter school presents an unsound educational program
32for the pupils to be enrolled in the charter school.
33(2) The petitioners are demonstrably unlikely to successfully
34implement the program set forth in the petition.
35(3) The petition does not contain the number of signatures
36required by subdivision (a).
37(4) The petition does not contain an affirmation of each of the
38conditions described in subdivision (d).
39(5) The petition does not contain reasonably comprehensive
40descriptions of all of the following:
P14 1(A) (i) A description of the educational program of the school,
2designed, among other things, to identify those whom the school
3is attempting to educate, what it means to be an “educated person”
4in the 21st century, and how learning best occurs. The goals
5identified in that program shall include the objective of enabling
6pupils to become self-motivated, competent, and lifelong learners.
7(ii) If the proposed school will serve high school pupils, a
8description of the manner in which the charter school will inform
9 parents about the transferability of courses to other public high
10schools and the eligibility of courses to meet college entrance
11requirements. Courses offered by the charter school that are
12accredited by the Western Association of Schools and Colleges
13may be considered transferable and courses approved by the
14University of California or the California State University as
15creditable under the “A” to “G” admissions criteria may be
16considered to meet college entrance requirements.
17(B) The measurable pupil outcomes identified for use by the
18charter school. “Pupil outcomes,” for purposes of this part, means
19the extent to which all pupils of the school demonstrate that they
20have attained the skills, knowledge, and attitudes specified as goals
21in the school’s educational program. Pupil outcomes shall include
22outcomes that address increases in pupil academic achievement
23both schoolwide and for all groups of pupils served by the charter
25(C) The method by which pupil progress in meeting those pupil
26outcomes is to be measured.
27(D) The governance structure of the school, including, but not
28limited to, the process to be followed by the school to ensure
30(E) The qualifications to be met by individuals to be employed
31by the school.
32(F) The procedures that
the school will follow to ensure the
33health and safety of pupils and staff. These procedures shall include
34both of the following:
35(i) A requirement that each employee of the school furnish the
36school with a criminal record summary as described in Section
38(ii) The development of a school safety plan, which shall include
39the topics listed in subparagraphs (A) to (I), inclusive, of paragraph
40(2) of subdivision (a) of Section 32282, that is
begin delete annuallyend delete reviewed
P15 1 by the school
begin delete and .
2updated as necessaryend delete
3(G) The means by which the school will achieve a racial and
4ethnic balance among its pupils that is reflective of the general
5population residing within the territorial jurisdiction of the school
6district to which the charter petition is submitted.
7(H) Admission requirements, if applicable.
8(I) The manner in which annual, independent financial audits
9shall be conducted, which shall employ generally accepted
10accounting principles, and the manner in which audit exceptions
11and deficiencies shall be resolved to the satisfaction of the
13(J) The procedures by which pupils can be suspended or
15(K) The manner by which staff members of the charter schools
16will be covered by the State Teachers’ Retirement System, the
17Public Employees’ Retirement System, or federal social security.
18(L) The public school attendance alternatives for pupils residing
19within the school district who choose not to attend charter schools.
20(M) A description of the rights of any employee of the school
21district upon leaving the employment of the school district to work
22in a charter school, and of any rights of return to the school district
23after employment at a charter school.
24(N) The procedures to be followed
by the charter school and
25the entity granting the charter to resolve disputes relating to
26provisions of the charter.
27(O) A declaration whether or not the charter school shall be
28deemed the exclusive public school employer of the employees of
29the charter school for purposes of Chapter 10.7 (commencing with
30Section 3540) of Division 4 of Title 1 of the Government Code.
31(P) A description of the procedures to be used if the charter
32school closes. The procedures shall ensure a final audit of the
33school to determine the disposition of all assets and liabilities of
34the charter school, including plans for disposing of any net assets
35and for the maintenance and transfer of pupil records.
36(c) (1) Charter
schools shall meet all statewide standards and
37conduct the pupil assessments required pursuant to Sections 60605
38and 60851 and any other statewide standards authorized in statute
39or pupil assessments applicable to pupils in noncharter public
P16 1(2) Charter schools shall, on a regular basis, consult with their
2parents, legal guardians, and teachers regarding the school’s
4(d) (1) In addition to any other requirement imposed under this
5part, a charter school shall be nonsectarian in its programs,
6admission policies, employment practices, and all other operations,
7shall not charge tuition, and shall not discriminate against any
8pupil on the basis of the characteristics listed in Section 220. Except
9as provided in paragraph (2), admission to a charter school shall
10not be determined according to the place of residence of the pupil,
11or of his or her parent or legal guardian, within this state, except
12that an existing public school converting partially or entirely to a
13charter school under this part shall adopt and maintain a policy
14giving admission preference to pupils who reside within the former
15attendance area of that public school.
16(2) (A) A charter school shall admit all pupils who wish to
17attend the school.
18(B) If the number of pupils who wish to attend the charter school
19exceeds the school’s capacity, attendance, except for existing pupils
20of the charter school, shall be determined by a public random
21drawing. Preference shall be extended to pupils currently attending
22the charter school and pupils who reside in the district except as
23provided for in Section 47614.5. Other preferences may be
24permitted by the chartering authority on an individual school basis
25and only if consistent with the law.
26(C) In the event of a drawing, the chartering authority shall
27make reasonable efforts to accommodate the growth of the charter
28school and in no event shall take any action to impede the charter
29school from expanding enrollment to meet pupil demand.
30(3) If a pupil is expelled or leaves the charter school without
31graduating or completing the school year for any reason, the charter
32school shall notify the superintendent of the school district of the
33pupil’s last known address within 30 days, and shall, upon request,
34provide that school district with a copy of the cumulative record
35of the pupil, including a transcript of grades or report card, and
36health information. This paragraph applies only to pupils subject
37to compulsory full-time education pursuant to Section 48200.
38(e) The governing board of a school district shall not require
39any employee of the school district to be employed in a charter
P17 1(f) The governing board of a school district shall not require
2any pupil enrolled in the school district to attend a charter school.
3(g) The governing board of a school district shall require that
4the petitioner or petitioners provide information regarding the
5proposed operation and potential effects of the school, including,
6but not limited to, the facilities to be used by the school, the manner
7in which administrative services of the school are to be provided,
8and potential civil liability effects, if any, upon the school and
9upon the school district. The description of the facilities to be used
10by the charter school shall specify where the school intends to
11locate. The petitioner or petitioners shall also be required to provide
12financial statements that include a proposed first-year operational
13budget, including startup costs, and cashflow and financial
14projections for the first three years of operation.
15(h) In reviewing petitions for the establishment of charter
16schools within the school district, the governing board of the school
17district shall give preference to petitions that demonstrate the
18capability to provide comprehensive learning experiences to pupils
19identified by the petitioner or petitioners as academically low
20achieving pursuant to the standards established by the department
21under Section 54032, as it read before July 19, 2006.
22(i) Upon the approval of the petition by the governing board of
23the school district, the petitioner or petitioners shall provide written
24notice of that approval, including a copy of the petition, to the
25applicable county superintendent of schools, the department, and
26the state board.
27(j) (1) If the governing board of a school district denies a
28petition, the petitioner may elect to submit the petition for the
29establishment of a charter school to the county board of education.
30The county board of education shall review the petition pursuant
31to subdivision (b). If the petitioner elects to submit a petition for
32establishment of a charter school to the county board of education
33and the county board of education denies the petition, the petitioner
34may file a petition for establishment of a charter school with the
35state board, and the state board may approve the petition, in
36accordance with subdivision (b). A charter school that receives
37approval of its petition from a county board of education or from
38the state board on appeal shall be subject to the same requirements
39concerning geographic location to which it would otherwise be
40subject if it received approval from the entity to which it originally
P18 1submitted its petition. A charter petition that is submitted to either
2a county board of education or to the state board shall meet all
3otherwise applicable petition requirements, including the
4identification of the proposed site or sites where the charter school
6(2) In assuming its role as a chartering agency, the state board
7shall develop criteria to be used for the review and approval of
8charter school petitions presented to the state board. The criteria
9shall address all elements required for charter approval, as
10identified in subdivision (b) and shall define “reasonably
11comprehensive” as used in paragraph (5) of subdivision (b) in a
12way that is consistent with the intent of this part. Upon satisfactory
13completion of the criteria, the state board shall adopt the criteria
14on or before June 30, 2001.
15(3) A charter school for which a charter is granted by either the
16county board of education or the state board based on an appeal
17pursuant to this subdivision shall qualify fully as a charter school
18for all funding and other purposes of this part.
19(4) If either the county board of education or the state board
20fails to act on a petition within 120 days of receipt, the decision
21of the governing board of the school district to deny a petition
22shall, thereafter, be subject to judicial review.
23(5) The state board shall adopt regulations implementing this
25(6) Upon the approval of the petition by the county board of
26education, the petitioner or petitioners shall provide written notice
27of that approval, including a copy of the petition to the department
28and the state board.
29(k) (1) The state board may, by mutual agreement, designate
30its supervisorial and oversight responsibilities for a charter school
31approved by the state board to any local educational agency in the
32county in which the charter school is located or to the governing
33board of the school district that first denied the petition.
34(2) The designated local educational agency shall have all
35monitoring and supervising authority of a chartering agency,
36including, but not limited to, powers and duties set forth in Section
3747607, except the power of revocation, which shall remain with
38the state board.
39(3) A charter school that is granted its charter through an appeal
40to the state board and elects to seek renewal of its charter shall,
P19 1before expiration of the charter, submit its petition for renewal to
2the governing board of the school district that initially denied the
3charter. If the governing board of the school district denies the
4school’s petition for renewal, the school may petition the state
5board for renewal of its charter.
6(l) Teachers in charter schools shall hold a Commission on
7Teacher Credentialing certificate, permit, or other document
8equivalent to that which a teacher in other public schools would
9be required to hold. These documents shall be maintained on file
10at the charter school and are subject to periodic inspection by the
11chartering authority. It is the intent of the Legislature that charter
12schools be given flexibility with regard to noncore, noncollege
14(m) A charter school shall transmit a copy of its annual,
15independent financial audit report for the preceding fiscal year, as
16described in subparagraph (I) of paragraph (5) of subdivision (b),
17to its chartering entity, the Controller, the county superintendent
18of schools of the county in which the charter school is sited, unless
19the county board of education of the county in which the charter
20school is sited is the chartering entity, and the department by
21December 15 of each year. This subdivision does not apply if the
22audit of the charter school is encompassed in the audit of the
23chartering entity pursuant to Section 41020.
If the Commission on State Mandates determines
25that this act contains costs mandated by the state, reimbursement
26to local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.