Amended in Assembly April 20, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 58


Introduced by Assembly Member Rodriguez

December 2, 2014


An act to amend Sectionsbegin insert 32280,end insert 32281, 32282, 32286,begin delete andend delete 32288begin insert, and 47605end insert of, to add Sections 32286.1, 32288.1, and 32289.5 to, and to repeal Section 32289 of, the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 58, as amended, Rodriguez. 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 the comprehensive school safety plan to include procedures related to individuals with guns on school campuses and at school-related functions, as provided.begin delete The bill would remove the duties of school districts described above.end delete The bill would require, no later than October 15, 2016, and every year thereafter, eachbegin insert superintendent of a school district andend insert county office of education to provide written notification to the Superintendent of Public Instructionbegin delete identifyingend deletebegin insert certifying thatend insert each school within thebegin insert school district and theend insert countybegin delete thatend delete hasbegin delete notend delete complied with the requirement to adopt a comprehensive school safety plan. The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided. 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.

begin insert

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.

end insert
begin insert

This bill, in addition, would add the development of a school safety plan, which includes specified topics, and that is annually reviewed and updated by the school, 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.

end insert

(2)  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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 32280 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

32280.  

begin insert(a)end insertbegin insertend insertIt 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. For the purposes of this
11section, law enforcement agencies include local police departments,
12county sheriffs’ offices, school district police or security
13departments, probation departments, and district attorneys’ offices.
14For purposes of this section, a “safety plan” means a plan to
15develop strategies aimed at the prevention of, and education about,
16potential incidents involving crime and violence on the school
17campus.

begin insert

18(b) For purposes of Section 32281 and 32282, “principal”
19includes the principal’s designee or administrator in charge of a
20school for charter schools without a principal.

end insert
21

begin deleteSECTION 1.end delete
22begin insertSEC. 2.end insert  

Section 32281 of the Education Code is amended to
23 read:

24

32281.  

(a) Eachbegin insert school district andend insert 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
33school.

34(2) The schoolsite council may delegate this responsibility to a
35school safety planning committee made up of the following
36members:

37(A) The principalbegin delete or the principal’s designeeend delete.

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 representative
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
12committee.

13(c) This article does not limit or take away the authority of
14school 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) If a principalbegin delete or the principal’s designeeend delete verifies through
23local law enforcement officials that a report has been filed of the
24occurrence of a violent crime on the schoolsite of an elementary
25or secondary school at which he or she is the principal, the principal
26 or the principal’s designee may send to each pupil’s parent or legal
27guardian and each school employee a written notice of the
28occurrence and general nature of the crime. If the principalbegin delete or
29designeeend delete
chooses to send the written notice, the Legislature
30encourages the notice be sent no later than the end of business on
31the second regular workday after the verification. If, at the time
32of verification, local law enforcement officials determine that
33notification of the violent crime would hinder an ongoing
34investigation, the notification authorized by this subdivision shall
35be made within a reasonable period of time, to be determined by
36the local law enforcement agency and the school district. For
37purposes of this section, an act considered a “violent crime” shall
38meet the definition of Section 67381 and is an act for which a pupil
39could or would be expelled pursuant to Section 48915.

P5    1(2) This subdivision does not create any liability in a school
2district or its employees for complying with paragraph (1).

3(f) (1) Notwithstanding subdivision (b), abegin insert school district orend insert
4 county office of education may, in consultation with law
5enforcement officials, elect to not have its schoolsite council
6develop and write those portions of its comprehensive school safety
7plan that include tactical responses to criminal incidents that may
8result in death or serious bodily injury at the schoolsite. The
9portions of a school safety plan that include tactical responses to
10criminal incidents may be developed by administrators ofbegin insert the
11school district orend insert
the county office of education in consultation
12with law enforcement officials and with a representative of an
13exclusive bargaining unit of employees of thatbegin insert school district orend insert
14 county office of education, if he or she chooses to participate. The
15begin insert school district orend insert county office of education may elect not to
16disclose those portions of the comprehensive school safety plan
17that include tactical responses to criminal incidents.

18(2) As used in this article, “tactical responses to criminal
19incidents” means steps taken to safeguard pupils and staff, to secure
20the affected school premises, and to apprehend the criminal
21perpetrator or perpetrators.

begin insert

22(3) (A) Tactical responses to criminal incidents shall include
23procedures related to individuals with guns on school campuses
24and at school-related functions, including, but not limited to,
25training programs related to active shooters and other armed
26assailants. Training programs and drills to prepare for active
27shooters or other armed assailants shall be based on the specific
28needs and context of each school and community. Schools shall
29consider the most cost-effective method of preparing students and
30staff for an active shooter situation while balancing the physical
31and psychological risks associated with these drills. Regardless
32of the nature of the drills a school chooses, the school resource
33officer and school-employed mental health professionals shall be
34integrally involved in the planning and evaluation process to
35ensure appropriate implementation.

end insert
begin insert

36(B) As used in this subparagraph, “active shooter” means an
37individual who is actively engaged in killing or attempting to kill
38people in a confined and populated area.

end insert
begin delete

9 39(3)

end delete

P6    1begin insert(4)end insert This subdivision does not preclude thebegin insert governing board of
2a school district orend insert
county office of education from conferring in
3a closed session with law enforcement officials pursuant to Section
454957 of the Government Code to approve a tactical response plan
5developed in consultation with those officials pursuant to this
6subdivision. A vote to approve the tactical response plan shall be
7announced in open session following the closed session.

begin delete

17 8(4)

end delete

9begin insert(5)end insert This subdivision does not reduce or eliminate the
10requirements of Section 32282.

11

begin deleteSEC. 2.end delete
12begin insertSEC. 3.end insert  

Section 32282 of the Education Code is amended to
13read:

14

32282.  

(a) The comprehensive school safety plan shall include,
15but not be limited to, both of the following:

16(1) Assessing the current status of school crime committed on
17school campuses and at school-related functions.

18(2) Identifying appropriate strategies and programs that will
19provide or maintain a high level of school safety and address the
20school’s procedures for complying with existing laws related to
21school safety, which shall include the development of all of the
22following:

23(A) Child abuse reporting procedures consistent with Article
242.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
25Part 4 of the Penal Code.

26(B) Disaster procedures, routine and emergency, including
27adaptations for pupils with disabilities in accordance with the
28federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
2912101 et seq.). The disaster procedures shall also include, but not
30be limited to, both of the following:

31(i) Establishing an earthquake emergency procedure system in
32every public school building having an occupant capacity of 50
33or more pupils or more than one classroom. Abegin insert school district orend insert
34 county office of education may work with the Office of Emergency
35Services and the Seismic Safety Commission to develop and
36establish the earthquake emergency procedure system. The system
37shall include, but not be limited to, all of the following:

38(I) A school building disaster plan, ready for implementation
39at any time, for maintaining the safety and care of pupils and staff.

P7    1(II) A drop procedure whereby each pupil and staff member
2takes cover under a table or desk, dropping to his or her knees,
3with the head protected by the arms, and the back to the windows.
4A drop procedure practice shall be held at least once each school
5quarter in elementary schools and at least once a semester in
6secondary schools.

7(III) Protective measures to be taken before, during, and
8following an earthquake.

9(IV) A program to ensure that pupils and both the certificated
10and classified staff are aware of, and properly trained in, the
11earthquake emergency procedure system.

12(ii) Establishing a procedure to allow a public agency or
13nongovernmental organization, including the American Red Cross,
14to use school buildings, grounds, and equipment for mass care and
15welfare shelters during disasters or other emergencies affecting
16the public health and welfare. Thebegin insert school district orend insert county office
17of education shall cooperate with the public agency or
18nongovernmental organization in furnishing and maintaining the
19services as thebegin insert school district orend insert county office of education may
20deem necessary to meet the needs of the community.

21(C) Policies pursuant to subdivision (d) of Section 48915 for
22pupils who committed an act listed in subdivision (c) of Section
2348915 and other school-designated serious acts that would lead to
24suspension, expulsion, or mandatory expulsion recommendations
25pursuant to Article 1 (commencing with Section 48900) of Chapter
266 of Part 27 of Division 4 of Title 2.

27(D) Procedures to notify teachers of dangerous pupils pursuant
28to Section 49079.

29(E) A discrimination and harassment policy consistent with the
30prohibition against discrimination contained in Chapter 2
31(commencing with Section 200) of Part 1.

32(F) The provisions of any schoolwide dress code, pursuant to
33Section 35183, that prohibits pupils from wearing “gang-related
34apparel,” if the school has adopted that type of a dress code. For
35those purposes, the comprehensive school safety plan shall define
36“gang-related apparel.” The definition shall be limited to apparel
37that, if worn or displayed on a school campus, reasonably could
38be determined to threaten the health and safety of the school
39environment. Any schoolwide dress code established pursuant to
40this section and Section 35183 shall be enforced on the school
P8    1campus and at any school-sponsored activity by the principal of
2thebegin delete school or the person designated by the principal.end deletebegin insert school.end insert For
3purposes of this paragraph, “gang-related apparel” shall not be
4considered a protected form of speech pursuant to Section 48950.

5(G) Procedures for safe ingress and egress of pupils, parents,
6and school employees to and from school.

7(H) A safe and orderly environment conducive to learning at
8the school.

begin delete

9(I) (i) Procedures related to individuals with guns on school
10campuses and at school-related functions, including, but not limited
11to, training programs related to active shooters and other armed
12assailants. Training programs and drills to prepare for active
13shooters or other armed assailants shall be based on the specific
14needs and context of each school and community. Schools shall
15consider the most cost-effective method of preparing students and
16staff for an active shooter situation while balancing the physical
17and psychological risks associated with these drills. Regardless of
18the nature of the drills a school chooses, the school resource officer
19and school-employed mental health professionals shall be integrally
20involved in the planning and evaluation process to ensure
21appropriate implementation.

22(ii) As used in this subparagraph, “active shooter” means an
23individual who is actively engaged in killing or attempting to kill
24people in a confined and populated area.

25(J)

end delete

26begin insert(I)end insert The rules and procedures on school discipline adopted
27pursuant to Sections 35291 and 35291.5.

28(b) It is the intent of the Legislature that schools develop
29comprehensive school safety plans using existing resources,
30including the materials and services of the partnership, pursuant
31to this chapter. It is also the intent of the Legislature that schools
32use the handbook developed and distributed by the School/Law
33Enforcement Partnership Program entitled “Safe Schools: A
34Planning Guide for Action” and the report by the National
35Association of School Psychologists and the National Association
36of School Resource Officers on “Best Practice Considerations for
37Schools in Active Shooter and Other Armed Assailant Drills” in
38conjunction with developing their plan for school safety.

39(c) Each schoolsite council or school safety planning committee
40in developing and updating a comprehensive school safety plan
P9    1shall, where practical, consult, cooperate, and coordinate with
2other schoolsite councils or school safety planning committees.

3(d) The comprehensive school safety plan may be evaluated
4and amended, as needed, by the school safety planning committee,
5but shall be evaluated at least once a year to ensure that the
6comprehensive school safety plan is properly implemented. An
7updated file of all safety-related plans and materials shall be readily
8available for inspection by the public, law enforcement, and school
9employees.

10(e) As comprehensive school safety plans are reviewed and
11updated, the Legislature encourages all plans, to the extent that
12resources are available, to include policies and procedures aimed
13at the prevention of bullying.

14(f) The comprehensive school safety plan, as written and updated
15 by the schoolsite council or school safety planning committee,
16shall be submitted for approval under subdivision (a) of Section
1732288.

18

begin deleteSEC. 3.end delete
19begin insertSEC. 4.end insert  

Section 32286 of the Education Code is amended to
20read:

21

32286.  

(a) Each school shall adopt its comprehensive school
22safety plan by March 1, 2000, and shall review and update its plan
23by March 1 every year thereafter. A new school campus that begins
24offering classes to pupils after March 1, 2001, shall adopt a
25comprehensive school safety plan within one year of initiating
26operation, and shall review and update its plan by March 1 every
27year thereafter.

28(b) Commencing July 2000 and every year thereafter, the
29principal of each school shall accurately report on the status of the
30principal’s school’s safety plan for the upcoming school year,
31including a description of its key elements in the annual school
32accountability report card prepared pursuant to Sections 33126
33and 35256. The report shall include, but is not limited to, the date
34the school safety plan was adopted and a description of the safety
35plan’s elements as set forth in Section 32282.

36(c) Each school principal shall provide written or electronic
37notice to each teacher and classified employee of that school that
38the adopted school safety plan is readily available for inspection.

P10   1

begin deleteSEC. 4.end delete
2begin insertSEC. 5.end insert  

Section 32286.1 is added to the Education Code, to
3read:

4

32286.1.  

No later than October 15, 2016, and each year
5thereafter, eachbegin insert superintendent of a school district andend insert county
6office of education shall provide written notification to the
7Superintendentbegin delete identifyingend deletebegin insert certifying thatend insert each school within the
8begin insert school district andend insert countybegin delete thatend delete hasbegin delete notend delete complied with Section
932281 or subdivision (b) of Section 32286 for that school year.

10

begin deleteSEC. 5.end delete
11begin insertSEC. 6.end insert  

Section 32288 of the Education Code is amended to
12read:

13

32288.  

(a) In order to ensure compliance with this article, each
14school shall forward its comprehensive school safety plan tobegin insert the
15school district orend insert
the county office of education for approval.

16(b) (1)  (A)  Before adopting its comprehensive school safety
17plan, the schoolsite council or school safety planning committee
18shall hold a public meeting at the schoolsite in order to allow
19members of the public the opportunity to express an opinion about
20the school safety plan.

21(B) Confidential information relating to tactical responses to
22criminal incidents, pursuant to paragraph (1) of subdivision (f) of
23Section 32281, shall not be included at the public meeting.

24(2) The schoolsite council or school safety planning committee
25shall notify, in writing, the following persons and entities, if
26available, of the public meeting:

27(A) The local mayor.

28(B) A representative of the local school employee organization.

29(C) A representative of each parent organization at the
30schoolsite, including the parent teacher association and parent
31teacher clubs.

32(D) A representative of each teacher organization at the
33schoolsite.

34(E) A representative of the student body government.

35(F) All persons who have indicated they want to be notified.

36(3) The schoolsite council or school safety planning committee
37is encouraged to notify, in writing, the following persons and
38entities, if available, of the public meeting:

39(A) A representative of the local churches.

40(B) Local civic leaders.

P11   1(C) Local business organizations.

2

begin deleteSEC. 6.end delete
3begin insertSEC. 7.end insert  

Section 32288.1 is added to the Education Code, to
4read:

5

32288.1.  

(a) Each principal shall keep and maintain a copy of
6the most recent comprehensive school safety plan for that school.

7(b) Eachbegin insert superintendent of a school district orend insert county office of
8education shall keep and maintain a copy of the most recent
9comprehensive school safety plan filed pursuant to Section 32288
10and a copy of every notification made pursuant to Section 32286.1.

11(c) (1) All books, documents, records, and other papers kept
12and maintained pursuant to subdivisions (a) and (b) shall be open
13for inspection and copying, during business hours at a district
14office or during school hours at a school, on business days,
15excluding legal holidays, within 48 hours of a written, verbal, or
16electronic request by a law enforcement agency described in
17Section 32280.

18(2) An electronic version of a book, document, record, or other
19paper shall be sufficient to satisfy the requirements of paragraph
20(1).

21

begin deleteSEC. 7.end delete
22begin insertSEC. 8.end insert  

Section 32289 of the Education Code, as added by
23Section 1 of Chapter 272 of the Statutes of 2004, is repealed.

24

begin deleteSEC. 8.end delete
25begin insertSEC. 9.end insert  

Section 32289.5 is added to the Education Code, to
26read:

27

32289.5.  

The department shall monitor compliance with this
28article using an existing monitoring framework.

29begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 47605 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
30read:end insert

31

47605.  

(a) (1) Except as set forth in paragraph (2), a petition
32for the establishment of a charter school within a school district
33may be circulated by one or more persons seeking to establish the
34charter school. A petition for the establishment of a charter school
35shall identify a single charter school that will operate within the
36geographic boundaries of that school district. A charter school
37may propose to operate at multiple sites within the school district,
38as long as each location is identified in the charter school petition.
39The petition may be submitted to the governing board of the school
40district for review after either of the following conditions is met:

P12   1(A) The petition is signed by a number of parents or legal
2guardians of pupils that is equivalent to at least one-half of the
3number of pupils that the charter school estimates will enroll in
4the school for its first year of operation.

5(B) The petition is signed by a number of teachers that is
6equivalent to at least one-half of the number of teachers that the
7charter school estimates will be employed at the school during its
8first year of operation.

9(2) A petition that proposes to convert an existing public school
10to a charter school that would not be eligible for a loan pursuant
11to subdivision (b) of Section 41365 may be circulated by one or
12more persons seeking to establish the charter school. The petition
13may be submitted to the governing board of the school district for
14review after the petition is signed by not less than 50 percent of
15the permanent status teachers currently employed at the public
16school to be converted.

17(3) A petition shall include a prominent statement that a
18signature on the petition means that the parent or legal guardian
19is meaningfully interested in having his or her child or ward attend
20the charter school, or in the case of a teacher’s signature, means
21that the teacher is meaningfully interested in teaching at the charter
22school. The proposed charter shall be attached to the petition.

23(4) After receiving approval of its petition, a charter school that
24proposes to establish operations at one or more additional sites
25shall request a material revision to its charter and shall notify the
26authority that granted its charter of those additional locations. The
27authority that granted its charter shall consider whether to approve
28those additional locations at an open, public meeting. If the
29additional locations are approved, they shall be a material revision
30to the charter school’s charter.

31(5) A charter school that is unable to locate within the
32jurisdiction of the chartering school district may establish one site
33outside the boundaries of the school district, but within the county
34in which that school district is located, if the school district within
35the jurisdiction of which the charter school proposes to operate is
36notified in advance of the charter petition approval, the county
37superintendent of schools and the Superintendent are notified of
38the location of the charter school before it commences operations,
39and either of the following circumstances exists:

P13   1(A) The school has attempted to locate a single site or facility
2to house the entire program, but a site or facility is unavailable in
3the area in which the school chooses to locate.

4(B) The site is needed for temporary use during a construction
5or expansion project.

6(6) Commencing January 1, 2003, a petition to establish a charter
7school may not be approved to serve pupils in a grade level that
8is not served by the school district of the governing board
9considering the petition, unless the petition proposes to serve pupils
10in all of the grade levels served by that school district.

11(b) No later than 30 days after receiving a petition, in accordance
12with subdivision (a), the governing board of the school district
13shall hold a public hearing on the provisions of the charter, at
14which time the governing board of the school district shall consider
15the level of support for the petition by teachers employed by the
16district, other employees of the district, and parents. Following
17review of the petition and the public hearing, the governing board
18of the school district shall either grant or deny the charter within
1960 days of receipt of the petition, provided, however, that the date
20may be extended by an additional 30 days if both parties agree to
21the extension. In reviewing petitions for the establishment of
22charter schools pursuant to this section, the chartering authority
23shall be guided by the intent of the Legislature that charter schools
24are and should become an integral part of the California educational
25system and that establishment of charter schools should be
26encouraged. The governing board of the school district shall grant
27a charter for the operation of a school under this part if it is satisfied
28that granting the charter is consistent with sound educational
29practice. The governing board of the school district shall not deny
30a petition for the establishment of a charter school unless it makes
31written factual findings, specific to the particular petition, setting
32forth specific facts to support one or more of the following
33findings:

34(1) The charter school presents an unsound educational program
35for the pupils to be enrolled in the charter school.

36(2) The petitioners are demonstrably unlikely to successfully
37implement the program set forth in the petition.

38(3) The petition does not contain the number of signatures
39required by subdivision (a).

P14   1(4) The petition does not contain an affirmation of each of the
2conditions described in subdivision (d).

3(5) The petition does not contain reasonably comprehensive
4descriptions of all of the following:

5(A) (i) A description of the educational program of the school,
6designed, among other things, to identify those whom the school
7is attempting to educate, what it means to be an “educated person”
8in the 21st century, and how learning best occurs. The goals
9identified in that program shall include the objective of enabling
10pupils to become self-motivated, competent, and lifelong learners.

11(ii) A description, for the charter school, of annual goals, for
12all pupils and for each subgroup of pupils identified pursuant to
13Section 52052, to be achieved in the state priorities, as described
14in subdivision (d) of Section 52060, that apply for the grade levels
15served, or the nature of the program operated, by the charter school,
16and specific annual actions to achieve those goals. A charter
17petition may identify additional school priorities, the goals for the
18school priorities, and the specific annual actions to achieve those
19goals.

20(iii) If the proposed school will serve high school pupils, a
21description of the manner in which the charter school will inform
22parents about the transferability of courses to other public high
23schools and the eligibility of courses to meet college entrance
24requirements. Courses offered by the charter school that are
25accredited by the Western Association of Schools and Colleges
26may be considered transferable and courses approved by the
27University of California or the California State University as
28creditable under the “A” to “G” admissions criteria may be
29considered to meet college entrance requirements.

30(B) The measurable pupil outcomes identified for use by the
31charter school. “Pupil outcomes,” for purposes of this part, means
32the extent to which all pupils of the school demonstrate that they
33have attained the skills, knowledge, and attitudes specified as goals
34in the school’s educational program. Pupil outcomes shall include
35outcomes that address increases in pupil academic achievement
36both schoolwide and for all groups of pupils served by the charter
37school, as that term is defined in subparagraph (B) of paragraph
38(3) of subdivision (a) of Section 47607. The pupil outcomes shall
39align with the state priorities, as described in subdivision (d) of
P15   1Section 52060, that apply for the grade levels served, or the nature
2of the program operated, by the charter school.

3(C) The method by which pupil progress in meeting those pupil
4outcomes is to be measured. To the extent practicable, the method
5for measuring pupil outcomes for state priorities shall be consistent
6with the way information is reported on a school accountability
7report card.

8(D) The governance structure of the school, including, but not
9limited to, the process to be followed by the school to ensure
10parental involvement.

11(E) The qualifications to be met by individuals to be employed
12by the school.

13(F) The procedures that the school will follow to ensure the
14health and safety of pupils and staff. These procedures shall include
15begin delete the requirement that each employee of the school furnish the school
16with a criminal record summary as described in Section 44237.end delete

17begin insert both of the following:end insert

begin insert

18(i) A requirement that each employee of the school furnish the
19school with a criminal record summary as described in Section
2044237.

end insert
begin insert

21(ii) The development of a school safety plan, which shall include
22the topics listed in subparagraphs (A) to (I), inclusive, of paragraph
23(2) of subdivision (a) of Section 32282, that is reviewed and
24updated by March 1 of every year by the school.

end insert

25(G) The means by which the school will achieve a racial and
26ethnic balance among its pupils that is reflective of the general
27population residing within the territorial jurisdiction of the school
28district to which the charter petition is submitted.

29(H) Admission requirements, if applicable.

30(I) The manner in which annual, independent financial audits
31shall be conducted, which shall employ generally accepted
32accounting principles, and the manner in which audit exceptions
33and deficiencies shall be resolved to the satisfaction of the
34chartering authority.

35(J) The procedures by which pupils can be suspended or
36expelled.

37(K) The manner by which staff members of the charter schools
38will be covered by the State Teachers’ Retirement System, the
39Public Employees’ Retirement System, or federal social security.

P16   1(L) The public school attendance alternatives for pupils residing
2within the school district who choose not to attend charter schools.

3(M) A description of the rights of any employee of the school
4district upon leaving the employment of the school district to work
5in a charter school, and of any rights of return to the school district
6after employment at a charter school.

7(N) The procedures to be followed by the charter school and
8the entity granting the charter to resolve disputes relating to
9provisions of the charter.

10(O) A declaration whether or not the charter school shall be
11deemed the exclusive public school employer of the employees of
12the charter school for purposes of Chapter 10.7 (commencing with
13Section 3540) of Division 4 of Title 1 of the Government Code.

14(P) A description of the procedures to be used if the charter
15school closes. The procedures shall ensure a final audit of the
16school to determine the disposition of all assets and liabilities of
17the charter school, including plans for disposing of any net assets
18and for the maintenance and transfer of pupil records.

19(c) (1) Charter schools shall meet all statewide standards and
20conduct the pupil assessments required pursuant to Sections 60605
21and 60851 and any other statewide standards authorized in statute
22or pupil assessments applicable to pupils in noncharter public
23schools.

24(2) Charter schools shall, on a regular basis, consult with their
25parents, legal guardians, and teachers regarding the school’s
26educational programs.

27(d) (1) In addition to any other requirement imposed under this
28part, a charter school shall be nonsectarian in its programs,
29admission policies, employment practices, and all other operations,
30shall not charge tuition, and shall not discriminate against any
31pupil on the basis of the characteristics listed in Section 220. Except
32as provided in paragraph (2), admission to a charter school shall
33not be determined according to the place of residence of the pupil,
34or of his or her parent or legal guardian, within this state, except
35that an existing public school converting partially or entirely to a
36charter school under this part shall adopt and maintain a policy
37giving admission preference to pupils who reside within the former
38attendance area of that public school.

39(2) (A) A charter school shall admit all pupils who wish to
40attend the school.

P17   1(B) If the number of pupils who wish to attend the charter school
2exceeds the school’s capacity, attendance, except for existing pupils
3of the charter school, shall be determined by a public random
4drawing. Preference shall be extended to pupils currently attending
5the charter school and pupils who reside in the district except as
6provided for in Section 47614.5. Other preferences may be
7permitted by the chartering authority on an individual school basis
8and only if consistent with the law.

9(C) In the event of a drawing, the chartering authority shall
10make reasonable efforts to accommodate the growth of the charter
11school and in no event shall take any action to impede the charter
12school from expanding enrollment to meet pupil demand.

13(3) If a pupil is expelled or leaves the charter school without
14graduating or completing the school year for any reason, the charter
15school shall notify the superintendent of the school district of the
16pupil’s last known address within 30 days, and shall, upon request,
17provide that school district with a copy of the cumulative record
18of the pupil, including a transcript of grades or report card, and
19health information. This paragraph applies only to pupils subject
20to compulsory full-time education pursuant to Section 48200.

21(e) The governing board of a school district shall not require
22any employee of the school district to be employed in a charter
23school.

24(f) The governing board of a school district shall not require
25any pupil enrolled in the school district to attend a charter school.

26(g) The governing board of a school district shall require that
27the petitioner or petitioners provide information regarding the
28proposed operation and potential effects of the school, including,
29but not limited to, the facilities to be used by the school, the manner
30in which administrative services of the school are to be provided,
31and potential civil liability effects, if any, upon the school and
32upon the school district. The description of the facilities to be used
33by the charter school shall specify where the school intends to
34locate. The petitioner or petitioners shall also be required to provide
35financial statements that include a proposed first-year operational
36budget, including startup costs, and cashflow and financial
37projections for the first three years of operation.

38(h) In reviewing petitions for the establishment of charter
39schools within the school district, the governing board of the school
40district shall give preference to petitions that demonstrate the
P18   1capability to provide comprehensive learning experiences to pupils
2identified by the petitioner or petitioners as academically low
3achieving pursuant to the standards established by the department
4under Section 54032, as it read before July 19, 2006.

5(i) Upon the approval of the petition by the governing board of
6the school district, the petitioner or petitioners shall provide written
7notice of that approval, including a copy of the petition, to the
8applicable county superintendent of schools, the department, and
9the state board.

10(j) (1) If the governing board of a school district denies a
11petition, the petitioner may elect to submit the petition for the
12establishment of a charter school to the county board of education.
13The county board of education shall review the petition pursuant
14to subdivision (b). If the petitioner elects to submit a petition for
15establishment of a charter school to the county board of education
16and the county board of education denies the petition, the petitioner
17may file a petition for establishment of a charter school with the
18state board, and the state board may approve the petition, in
19accordance with subdivision (b). A charter school that receives
20approval of its petition from a county board of education or from
21the state board on appeal shall be subject to the same requirements
22concerning geographic location to which it would otherwise be
23subject if it received approval from the entity to which it originally
24submitted its petition. A charter petition that is submitted to either
25a county board of education or to the state board shall meet all
26otherwise applicable petition requirements, including the
27identification of the proposed site or sites where the charter school
28will operate.

29(2) In assuming its role as a chartering agency, the state board
30shall develop criteria to be used for the review and approval of
31charter school petitions presented to the state board. The criteria
32shall address all elements required for charter approval, as
33identified in subdivision (b) and shall define “reasonably
34comprehensive” as used in paragraph (5) of subdivision (b) in a
35way that is consistent with the intent of this part. Upon satisfactory
36completion of the criteria, the state board shall adopt the criteria
37on or before June 30, 2001.

38(3) A charter school for which a charter is granted by either the
39county board of education or the state board based on an appeal
P19   1pursuant to this subdivision shall qualify fully as a charter school
2for all funding and other purposes of this part.

3(4) If either the county board of education or the state board
4fails to act on a petition within 120 days of receipt, the decision
5of the governing board of the school district to deny a petition
6shall, thereafter, be subject to judicial review.

7(5) The state board shall adopt regulations implementing this
8subdivision.

9(6) Upon the approval of the petition by the county board of
10education, the petitioner or petitioners shall provide written notice
11of that approval, including a copy of the petition to the department
12and the state board.

13(k) (1) The state board may, by mutual agreement, designate
14its supervisorial and oversight responsibilities for a charter school
15approved by the state board to any local educational agency in the
16county in which the charter school is located or to the governing
17board of the school district that first denied the petition.

18(2) The designated local educational agency shall have all
19monitoring and supervising authority of a chartering agency,
20including, but not limited to, powers and duties set forth in Section
2147607, except the power of revocation, which shall remain with
22the state board.

23(3) A charter school that is granted its charter through an appeal
24to the state board and elects to seek renewal of its charter shall,
25before expiration of the charter, submit its petition for renewal to
26the governing board of the school district that initially denied the
27charter. If the governing board of the school district denies the
28school’s petition for renewal, the school may petition the state
29board for renewal of its charter.

30(l) Teachers in charter schools shall hold a Commission on
31Teacher Credentialing certificate, permit, or other document
32equivalent to that which a teacher in other public schools would
33be required to hold. These documents shall be maintained on file
34at the charter school and are subject to periodic inspection by the
35chartering authority. It is the intent of the Legislature that charter
36schools be given flexibility with regard to noncore, noncollege
37preparatory courses.

38(m) A charter school shall transmit a copy of its annual,
39independent financial audit report for the preceding fiscal year, as
40described in subparagraph (I) of paragraph (5) of subdivision (b),
P20   1to its chartering entity, the Controller, the county superintendent
2of schools of the county in which the charter school is sited, unless
3the county board of education of the county in which the charter
4school is sited is the chartering entity, and the department by
5December 15 of each year. This subdivision does not apply if the
6audit of the charter school is encompassed in the audit of the
7chartering entity pursuant to Section 41020.

8

begin deleteSEC. 9.end delete
9begin insertSEC. 11.end insert  

If the Commission on State Mandates determines
10that this act contains costs mandated by the state, reimbursement
11to local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.



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