California Legislature—2015–16 Regular Session

Assembly Bill No. 1652

Introduced by Assembly Member Waldron

January 12, 2016

An act to amend Section 47607 of the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 1652, as introduced, Waldron. Charter schools: renewal period.

Existing law authorizes a school district governing board, a county board of education, or the State Board of Education to grant a charter to a charter school for an initial period not to exceed 5 years followed by renewals every 5 years.

This bill would provide that each of the first 2 renewals shall be for a period of 5 years and subsequent renewals shall be for a period requested by the charter school not to exceed 15 years. To the extent this bill would impose additional duties on school districts or county offices of education, this bill would impose a state-mandated local program.

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 1.  

Section 47607 of the Education Code is amended
to read:

47607.  

(a) (1)  begin delete A end delete begin insert Initially, a end insert charter may be granted pursuant
to Sections 47605, 47605.5, and 47606 for a period not to exceed
five years. A charter granted by a school district governing board,
a county board of education, or the state board may be granted one
or more subsequent renewals by that entity. Each begin delete renewal end delete begin insert of the
first two renewals end insert shall be for a period of five years. begin insert Subsequent
renewals shall be for a period requested by the charter school not
to exceed 15 years. end insert A material revision of the provisions of a
charter petition may be made only with the approval of the
authority that granted the charter. The authority that granted the
charter may inspect or observe any part of the charter school at
any time.

(2) Renewals and material revisions of charters are governed
by the standards and criteria in Section 47605, and shall include,
but not be limited to, a reasonably comprehensive description of
any new requirement of charter schools enacted into law after the
charter was originally granted or last renewed.

(3) (A) The authority that granted the charter shall consider
increases in pupil academic achievement for all groups of pupils
served by the charter school as the most important factor in
determining whether to grant a charter renewal.

(B) For purposes of this section, “all groups of pupils served
by the charter school” means a numerically significant pupil
subgroup, as defined by paragraph (3) of subdivision (a) of Section
52052, served by the charter school.

(b) Commencing on January 1, 2005, or after a charter school
has been in operation for four years, whichever date occurs later,
a charter school shall meet at least one of the following criteria
before receiving a charter renewal pursuant to paragraph (1) of
subdivision (a):

(1) Attained its Academic Performance Index (API) growth
target in the prior year or in two of the last three years both
schoolwide and for all groups of pupils served by the charter
school.

(2) Ranked in deciles 4 to 10, inclusive, on the API in the prior
year or in two of the last three years.

(3) Ranked in deciles 4 to 10, inclusive, on the API for a
demographically comparable school in the prior year or in two of
the last three years.

(4) (A) The begin delete entity end delete begin insert authority end insert that granted the charter determines
that the academic performance of the charter school is at least
equal to the academic performance of the public schools that the
charter school pupils would otherwise have been required to attend,
as well as the academic performance of the schools in the school
district in which the charter school is located, taking into account
the composition of the pupil population that is served at the charter
school.

(B) The determination made pursuant to this paragraph shall be
based upon all of the following:

(i) Documented and clear and convincing data.

(ii) Pupil achievement data from assessments, including, but
not limited to, the begin delete Standardized Testing and Reporting Program end delete
begin insert pupil assessment program end insert established by Article 4 (commencing
with Section 60640) of Chapter 5 of Part 33 for demographically
similar pupil populations in the comparison schools.

(iii) Information submitted by the charter school.

(C) A chartering authority shall submit to the Superintendent
copies of supporting documentation and a written summary of the
basis for any determination made pursuant to this paragraph. The
Superintendent shall review the materials and make
recommendations to the chartering authority based on that review.
The review may be the basis for a recommendation made pursuant
to Section 47604.5.

(D) A charter renewal may not be granted to a charter school
begin delete prior to end delete begin insert before end insert 30 days after that charter school submits materials
pursuant to this paragraph.

(5) Qualified for an alternative accountability system pursuant
to subdivision (h) of Section 52052.

(c) (1) A charter may be revoked by the authority that granted
the charter under this chapter if the authority finds, through a
showing of substantial evidence, that the charter school did any
of the following:

(A) Committed a material violation of any of the conditions,
standards, or procedures set forth in the charter.

(B) Failed to meet or pursue any of the pupil outcomes identified
in the charter.

(C) Failed to meet generally accepted accounting principles, or
engaged in fiscal mismanagement.

(D) Violated any provision of law.

(2) The authority that granted the charter shall consider increases
in pupil academic achievement for all groups of pupils served by
the charter school as the most important factor in determining
whether to revoke a charter.

(d) Before revocation, the authority that granted the charter shall
notify the charter school of any violation of this section and give
the begin insert charter end insert school a reasonable opportunity to remedy the violation,
unless the authority determines, in writing, that the violation
constitutes a severe and imminent threat to the health or safety of
the pupils.

(e) Before revoking a charter for failure to remedy a violation
pursuant to subdivision (d), and after expiration of the begin insert charter end insert
school’s reasonable opportunity to remedy without successfully
remedying the violation, the chartering authority shall provide a
written notice of intent to revoke and notice of facts in support of
revocation to the charter school. No later than 30 days after
providing the notice of intent to revoke a charter, the chartering
authority shall hold a public hearing, in the normal course of
business, on the issue of whether evidence exists to revoke the
charter. No later than 30 days after the public hearing, the
chartering authority shall issue a final decision to revoke or decline
to revoke the charter, unless the chartering authority and the charter
school agree to extend the issuance of the decision by an additional
30 days. The chartering authority shall not revoke a charter, unless
it makes written factual findings supported by substantial evidence,
specific to the charter school, that support its findings.

(f) (1) If a school district is the chartering authority and it
revokes a charter pursuant to this section, the charter school may
appeal the revocation to the county board of education within 30
days following the final decision of the chartering authority.

(2) The county board of education may reverse the revocation
decision if the county board of education determines that the
findings made by the chartering authority under subdivision (e)
are not supported by substantial evidence. The school district may
appeal the reversal to the state board.

(3) If the county board of education does not issue a decision
on the appeal within 90 days of receipt, or the county board of
education upholds the revocation, the charter school may appeal
the revocation to the state board.

(4) The state board may reverse the revocation decision if the
state board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence. The state board may uphold the revocation decision of
the school district if the state board determines that the findings
made by the chartering authority under subdivision (e) are
supported by substantial evidence.

(g) (1) If a county office of education is the chartering authority
and the county board of education revokes a charter pursuant to
this section, the charter school may appeal the revocation to the
state board within 30 days following the decision of the chartering
authority.

(2) The state board may reverse the revocation decision if the
state board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence.

(h) If the revocation decision of the chartering authority is
reversed on appeal, the begin delete agency end delete begin insert authority end insert that granted the charter
shall continue to be regarded as the chartering authority.

(i) During the pendency of an appeal filed under this section, a
charter school, whose revocation proceedings are based on
subparagraph (A) or (B) of paragraph (1) of subdivision (c), shall
continue to qualify as a charter school for funding and for all other
purposes of this part, and may continue to hold all existing grants,
resources, and facilities, in order to ensure that the education of
pupils enrolled in the begin insert charter end insert school is not disrupted.

(j) Immediately following the decision of a county board of
education to reverse a decision of a school district to revoke a
charter, the following shall apply:

(1) The charter school shall qualify as a charter school for
funding and for all other purposes of this part.

(2) The charter school may continue to hold all existing grants,
resources, and facilities.

(3) Any funding, grants, resources, and facilities that had been
withheld from the charter school, or that the charter school had
otherwise been deprived of use, as a result of the revocation of the
charter shall be immediately reinstated or returned.

(k) A final decision of a revocation or appeal of a revocation
pursuant to subdivision (c) shall be reported to the chartering
authority, the county board of education, and the department.

SEC. 2.  

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.