BILL NUMBER: AB 709 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
INTRODUCED BY Assembly Member Gipson
(Principal coauthor: Assembly Member Medina)
FEBRUARY 25, 2015
An act to add Section 47604.1 to the Education Code, relating to
charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 709, as amended, Gipson. Charter schools.
(1) The Ralph M. Brown Act requires that all meetings of a
legislative body, as defined, of a local agency be open and public
and all persons be permitted to attend unless a closed session is
authorized. The Bagley-Keene Open Meeting Act requires, with
specified exceptions, that all meetings of a state body be open and
public and all persons be permitted to attend.
This bill would expressly state that a charter school is subject
to the Ralph M. Brown Act, unless it is operated by an entity
governed by the Bagley-Keene Open Meeting Act, in which case the
charter school would be subject to the Bagley-Keene Open Meeting Act.
(2) The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless the
records are exempt from disclosure.
This bill would expressly state that a charter school is subject
to the California Public Records Act. Act,
except as provided for certain charter schools located on federally
recognized California Indian reservations or rancherias. For those
charter schools, this bill would require each charter school's
chartering authority to execute Public Records Act requests made to
the charter school, as provided. To the extent these provisions would
impose new duties on local educational agencies, this bill would
impose a state-mandated local program.
(3) Existing law prohibits certain public officials, including,
but not limited to, state, county, or district officers or employees,
from being financially interested in any contract made by them in
their official capacity, or by any body or board of which they are
members, except as provided.
This bill would expressly state that a charter school is subject
to these provisions, except that the bill would provide that an
employee of a charter school is not disqualified from serving as such
a member of the governing body of the charter school because of that
employment status. The bill also would require such a member of the
governing body of a charter school to abstain from voting on, or
influencing or attempting to influence another member of that body
concerning, any matter affecting his or her own employment.
(4) The Political Reform Act of 1974 requires every state agency
and local governmental agency to adopt a conflict-of-interest code,
formulated at the most decentralized level possible, that requires
designated employees of the agency to file statements of economic
interest disclosing any investments, business positions, interests in
real property, or sources of income that may foreseeably be affected
materially by any governmental decision made or participated in by
the designated employee by virtue of his or her position.
This bill would expressly state that a charter school is subject
to the Political Reform Act of 1974.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(6) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to do both of the following:
(a) Ensure that charter school governance is transparent.
(b) Ensure that monitoring and oversight of charter schools
is are conducted to protect the public
interest.
SEC. 2. Section 47604.1 is added to the Education Code, to read:
47604.1. (a) A charter school is subject to all of the following:
(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code),
except that a charter school operated by an entity governed by the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code) is subject to the Bagley-Keene Open Meeting Act
regardless of the authorizing entity.
(2) (A) The California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
(B) Notwithstanding any other law, a public records request made
to a charter school that meets the criteria specified in clauses (i)
and (ii) shall be executed by the chartering authority. In order for
the chartering authority to meet the public records request, the
charter school shall provide all relevant documentation to the
chartering authority for the purpose of meeting the public records
request.
(i) The charter school is located on a federally recognized
California Indian reservation or rancheria.
(ii) The charter school is operated by a nonprofit public benefit
corporation that was formed on or before May 31, 2002, and is
currently operated by a federally recognized California Indian tribe.
(3) Article 4 (commencing with Section 1090) of Chapter 1 of
Division 4 of Title 1 of the Government Code.
(4) The Political Reform Act of 1974 (Title 9 (commencing with
Section 81000) of the Government Code). For purposes of Section 87300
of the Government Code, a charter school shall be considered an
agency.
(b) Notwithstanding Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code, an
employee of a charter school is not disqualified because of that
employment status from also serving as a member of the governing body
of the charter school. Such a member of the governing body of a
charter school shall abstain from voting on, or influencing or
attempting to influence another member of the governing body
concerning, all matters uniquely affecting his or her own employment.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 4. The Legislature finds and declares that
Section 2 of this act, which adds Section 47604.1 to the Education
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
In order to protect tribal sovereignty, it is necessary for the
chartering authority of some charter schools located on federally
recognized California Indian reservations or rancherias to execute
public records requests made to those charter schools.