BILL NUMBER: AB 803	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Hadley

                        FEBRUARY 26, 2015

   An act to  amend   add  Section 
47602 of   35721.7 to  the Education Code, 
and Section 21080.18.5 to the Public Resources Code,   relating
to  charter schools.   school districts. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 803, as amended, Hadley.  Charter schools. 
 School districts: reorganization.  
   (1) Existing law specifies a process for the unification or
reorganization of school districts. As part of that process, existing
law requires a county committee on school district organization to
hold a public hearing upon receipt of a petition signed by at least
10% of the qualified electors residing in any school district for
consideration of unification or other reorganization of any area.
Existing law also requires a county committee on school district
organization to hold a public hearing upon receipt of a resolution
approved by a majority of the members of specified local agencies for
consideration of unification or other reorganization of any area.
Following those public hearings, existing law requires the county
committee on school district organization to grant or deny the
petition or resolution proposal. If a county committee on school
district organization approves a petition to transfer territory,
existing law requires the county committee to notify the county
superintendent of schools who, upon that notification, is required to
call an election in the territory of the school district, as
specified.  
   Notwithstanding those provisions, this bill would create a
separate procedure for inhabited territory transfers within the
boundaries of a single school district for the formation of a new
school district within a single county. The bill would authorize a
transfer to be initiated by a petition signed by 10% of the number of
qualified electors who voted in the last gubernatorial election and
who reside within the boundaries of the proposed district, or by
resolution of a local agency, as defined, approved by a majority of
its members.  
   The bill would require the county board of education to hold a
public hearing on a petition upon receipt of that petition, and to
grant or deny the petition following the hearing. The bill would also
require the county board of education, upon receipt of a resolution
proposal, to hold a public hearing on that proposal jointly with the
local agency that initiated the proposed transfer, and would require
the county board of education and the local agency to jointly grant
or deny the proposal by majority vote of all members. By imposing
additional duties on county boards of education, the bill would
impose a state-mandated local program.  
   The bill would require a petition to identify the persons who will
represent the proposed school district at those public hearings. The
bill would also require the local agency to appoint persons to
represent the proposed school district at those public hearings by a
resolution.  
   The bill would require the county superintendent of schools to
call an election of registered voters within the boundaries of the
territory to be transferred, as specified, if a petition or proposal
is granted. By imposing additional duties on county superintendents
of schools, the bill would impose a state-mandated local program.
 
   (2) The California Environmental Quality Act (CEQA) generally
requires all state and local governmental lead agencies to prepare,
or cause to be prepared by contract, and certify the completion of,
an environmental impact report on any project that they propose to
carry out or approve that may result in a significant effect on the
environment, that is, a substantial, or potentially substantial,
adverse change in the physical conditions that exist within the area
that will be affected by the project.  
   This bill would provide that CEQA shall not apply to inhabited
territory transfers within the boundaries of a single school district
for the formation of a new school district within a single county
where only existing facilities will be transferred. 
   (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.  
   Under the Charter Schools Act of 1992, a maximum of 100 additional
charter schools may be authorized to operate in the state each
school year.  
   This bill would make nonsubstantive changes to these provisions,
including deleting an obsolete provision relating to a Legislative
Analyst's report. 
   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.    Section 35721.7 is added to the 
 Education Code   , to read:  
   35721.7.  (a) Notwithstanding any other law, the following
provisions apply to inhabited territory transfers within the
boundaries of a single school district for the formation of a new
school district within a single county:
   (1) The transfer may be initiated by either of the following:
   (A) A petition signed by at least 10 percent of the number of
qualified electors who voted in the last gubernatorial election and
who reside within the boundaries of the territory proposed to be
transferred. The petition shall identify persons who will represent
the proposed school district in public hearings.
   (B) A resolution of a local agency approved by a majority of its
members. The local agency shall also appoint persons to represent the
proposed school district in public hearings by a resolution.
   (2) Upon receipt of a petition specified in subparagraph (A) of
paragraph (1), the county board of education shall hold a public
hearing on the petition at a regular or special meeting. Following
the hearing, the county board of education shall grant or deny the
petition.
   (3) Upon receipt of a resolution specified in subparagraph (B) of
paragraph (1), the county board of education and the local agency
that initiated the transfer proposal shall jointly hold a public
hearing on the transfer proposal at a regular or special meeting.
Following the hearing, the county board of education and the local
agency that initiated the transfer proposal shall jointly grant or
deny the transfer proposal by a majority vote of all members.
   (4) If a petition or proposal is granted, the county
superintendent of schools shall call an election of registered voters
within the boundaries of the territory to be transferred to be
conducted at the next election of any kind in accordance with either
of the following:
   (A) Section 1002 of the Elections Code and Part 4 (commencing with
Section 5000) of Division 1 or Title 1.
   (B) Division 4 (commencing with Section 4000) of the Elections
Code.
   (b) For purposes of this section, "local agency" means a city
council, county board of supervisors, governing body of a special
district, or local agency formation commission that has jurisdiction
over all or a portion of the proposed school district. 
   SEC. 2.    Section 21080.18.5 is added to the 
 Public Resources Code   , to read:  
   21080.18.5.  This division shall not apply to inhabited territory
transfers within the boundaries of a single school district for the
formation of a new school district within a single county where only
existing facilities will be transferred. 
   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.  
  SECTION 1.    Section 47602 of the Education Code
is amended to read:
   47602.  (a) In the 1998-99 school year, the maximum total number
of charter schools authorized to operate in this state shall be 250.
In each successive school year thereafter, an additional 100 charter
schools are authorized to operate in this state each successive
school year. For purposes of implementing this section, the state
board shall assign a number to each charter petition that it grants
pursuant to subdivision (j) of Section 47605 or Section 47605.8 and
to each charter notice it receives pursuant to this part, based on
the chronological order in which the notice is received. The number
assigned by the state board shall correspond to a single petition
that identifies a charter school that will operate within the
geographic and site limitations of this part. The state board shall
develop a numbering system for charter schools that identifies each
school associated with a charter and that operates within the
existing limit on the number of charter schools that can be approved
each year. For purposes of this section, sites that share educational
programs and serve similar pupil populations may not be counted as
separate schools. Sites that do not share a common educational
program shall be considered separate schools for purposes of this
section. The limits contained in this subdivision may not be waived
by the state board pursuant to Section 33050 or any other law.
   (b) A charter shall not be granted under this part that authorizes
the conversion of a private school to a charter school. A charter
school shall not receive any public funds for a pupil if the pupil
also attends a private school that charges the pupil's family for
tuition. The state board shall adopt regulations to implement this
section.