BILL NUMBER: SB 1263 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 24, 2014
AMENDED IN SENATE MARCH 26, 2014
INTRODUCED BY Senator Pavley
FEBRUARY 21, 2014
An act to amend Sections 47604.3 and 47604.32 of, and to
add Sections 47604.45, 47605.4, and 47605.9 to, to add
Section 47604.6 to the Education Code, relating to charter
schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 1263, as amended, Pavley. Charter schools.
schools: complaints: panel hearing.
Existing law authorizes a county superintendent of schools to
monitor the operations of a charter school located within that county
and to conduct an investigation into the operations of that charter
school based upon written complaints of parents or other information
that justifies the investigation.
This bill, if a charter school, its chartering authority, or a
school district or county office of education in which the charter
school operates within the boundaries of the school district or
county office of education, determines that a substantive violation
of certain provisions of the Charter Schools Act of 1992 has
occurred, would authorize the charter school, its chartering
authority, or the school district or county office of education in
which the charter school operates, to submit a written complaint to a
specified advisory committee. The bill, upon the receipt of the
written complaint, would require the advisory committee to appoint a
panel, as specified, and would authorize the panel to determine if a
substantive violation of certain provisions of the Charter Schools
Act of 1992 has occurred. The bill, if the panel determines that a
substantive violation has occurred, would authorize the panel to
recommend to the State Board of Education a corrective action plan
for the charter school or local educational agency in violation and
consequences if the charter school or local educational agency in
violation fails to implement the corrective action plan. The bill
would require the state board to consider whether to adopt and
implement the recommendations submitted by the panel.
(1) Existing law requires a charter school to promptly respond to
all reasonable inquiries from its chartering authority, the county
office of education that has jurisdiction over the school's
chartering authority, or from the Superintendent of Public
Instruction, and to consult with those entities regarding any
inquiries.
This bill would add a school district in which the charter school
operates a schoolsite pursuant to a specified provision as an entity
to which a charter school is required to promptly respond to all
reasonable inquiries and to consult with regarding any inquiries.
(2) Existing law requires each chartering authority, in addition
to any other duties imposed by the Charter Schools Act of 1992, and
with respect to each charter school under its authority, to, among
other things, identify at least one staff member as a contact person
for the charter school and visit each charter school at least
annually.
This bill would authorize each school district in which a
classroom-based charter school operates to, among other things,
identify at least one staff member as a contact person for the
charter school and visit each charter school operating within the
boundaries of the school district.
(3) Existing law authorizes a county superintendent of schools to
monitor the operations of a charter school located within that county
and to conduct an investigation into the operations of that charter
school based upon written complaints of parents or other information
that justifies the investigation.
This bill would authorize the State Department of Education to
monitor the operations of a charter school and conduct an
investigation into the operations of that charter school based upon
(A) a written complaint by a school district or county office of
education in which the charter school operates within the boundaries
of that school district or county office of education, (B) a written
complaint of a parent, or (C) other information that justifies the
investigation. The bill would authorize the department to issue a
report of its findings resulting from the investigation to the State
Board of Education.
(4) Existing law requires the governing board of a school
district, no later than 30 days after receiving a petition to
establish a charter school, to hold a public hearing on the
provisions of the charter and to consider the level of support for
the petition by teachers employed by the school district, other
employees of the school district, and parents. Existing law requires
the governing board of the school district to grant or deny the
petition within 60 days of receipt of the petition, except as
specified, and after review of the petition and the public hearing.
This bill would require the proponent of a charter school to
reimburse a school district for all costs incurred in analyzing a
petition to establish a charter school if that school district has
previously denied a petition to establish the same charter school
pursuant to a specified provision.
(5) Existing law authorizes a charter school that is unable to
locate within the jurisdiction of the chartering school district to
establish one site outside the boundaries of the school district, but
within the county in which that school district is located, if the
school district within the jurisdiction of which the charter school
proposes to operate is notified in advance of the charter petition
approval, the county superintendent of schools and the Superintendent
are notified of the location of the charter school before it
commences operations, and either of 2 specified circumstances exist.
This bill would require a charter school that locates outside the
jurisdiction of the chartering school district pursuant to that
provision and fails to properly notify the school district in which
the charter school intends to operate to be responsible for a
financial penalty or other penalty.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47604.6 is added to the
Education Code , to read :
47604.6. (a) If a charter school, its chartering authority, or a
school district or county office of education in which the charter
school operates within the boundaries of that school district or
county office of education, determines that a substantive violation
of a provision of this chapter, Chapter 2 (commencing with Section
47605), or Chapter 3 (commencing with Section 47610) has occurred, it
may submit a written complaint to the advisory committee established
pursuant to paragraph (1) of subdivision (b) of Section 47634.2.
(b) Upon receipt of a written complaint pursuant to subdivision
(a), the advisory committee shall appoint a panel to hear the
complaint. The panel shall be composed of three representatives of
the advisory committee, one representative of a school district
superintendent, governing board of a school district, or county
superintendent of schools, one charter school representative, and one
teacher. The panel shall hear the written complaint submitted
pursuant to subdivision (a) and may do either of the following:
(1) Determine if a substantive violation of this chapter, Chapter
2 (commencing with Section 47605), or Chapter 3 (commencing with
Section 47610) has occurred.
(2) If the panel determines a substantive violation has occurred,
recommend to the state board a corrective action plan for the charter
school or local educational agency in violation and consequences if
the charter school or local educational agency in violation fails to
implement the corrective action plan. The panel shall submit any
recommendations it makes to the state board.
(c) The state board shall consider whether to adopt and implement
the recommendations submitted by the panel.
SECTION 1. Section 47604.3 of the Education
Code is amended to read:
47604.3. A charter school shall promptly respond to all
reasonable inquiries, including, but not limited to, inquiries
regarding its financial records, from its chartering authority, a
school district in which the charter school operates a schoolsite
pursuant to paragraph (5) of subdivision (a) of Section 47605, the
county office of education that has jurisdiction over the school's
chartering authority, or from the Superintendent and shall consult
with the chartering authority, the school district in which the
charter school operates a schoolsite pursuant to paragraph (5) of
subdivision (a) of Section 47605, the county office of education, or
the Superintendent regarding any inquiries.
SEC. 2. Section 47604.32 of the Education Code
is amended to read:
47604.32. (a) Each chartering authority, in addition to any other
duties imposed by this part, shall do all of the following with
respect to each charter school under its authority:
(1) Identify at least one staff member as a contact person for the
charter school.
(2) Visit each charter school at least annually.
(3) Ensure that each charter school under its authority complies
with all reports required of charter schools by law, including the
annual update required pursuant to Section 47606.5.
(4) Monitor the fiscal condition of each charter school under its
authority.
(5) Provide timely notification to the department if any of the
following circumstances occur or will occur with regard to a charter
school for which it is the chartering authority:
(A) A renewal of the charter is granted or denied.
(B) The charter is revoked.
(C) The charter school will cease operation for any reason.
(6) The cost of performing the duties required by this subdivision
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
(b) Each school district in which a classroom-based charter school
operates may do any of the following with respect to each
classroom-based charter school operating within its boundaries:
(1) Identify at least one staff member as a contact person for the
charter school.
(2) Visit each charter school operating within the boundaries of
the school district.
(3) Provide written notice to the department requesting initiation
of a review of the charter school's compliance with the requirements
and duties imposed by this part.
SEC. 3. Section 47604.45 is added to the
Education Code, to read:
47604.45. (a) The department may, based upon a written complaint
by a school district or county office of education in which the
charter school operates within the boundaries of that school district
or county office of education, a written complaint by a parent, or
other information that justifies the investigation, monitor the
operations of a charter school and conduct an investigation into the
operations of that charter school.
(b) The department may issue a report of its findings resulting
from the investigation described in subdivision (a) to the state
board, that includes, but is not limited to, findings regarding the
possible factual findings sufficient for denial of a petition
pursuant to subdivision (b) of Section 47605.
SEC. 4. Section 47605.4 is added to the
Education Code, to read:
47605.4. If a petition to establish a charter school is submitted
by a proponent of a charter school to a school district that has
previously denied a petition to establish the same charter school
pursuant to subdivision (b) of Section 47605, the proponent of the
charter school shall reimburse the school district for all costs
incurred in analyzing the petition.
SEC. 5. Section 47605.9 is added to the
Education Code, to read:
47605.9. A charter school that locates outside the jurisdiction
of the chartering school district pursuant to paragraph (5) of
subdivision (a) of Section 47605 and fails to properly notify the
school district in which the charter school intends to operate shall
be responsible for a financial penalty or other penalty.