BILL NUMBER: AB 2242	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 18, 2016

   An act to amend Section  33004   47604 
of the Education Code, relating to  elementary and secondary
education.   charter schools. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2242, as amended, Lopez.  Superintendent of Public
Instruction: duties.   Charter schools: operation:
nonprofit public benefit corporations: for-profit corporations. 

   The Charter Schools Act of 1992 specifies the procedures for the
submission, review, and approval or denial of a petition to establish
a charter school. The act authorizes a charter school to elect to
operate as, or be operated by, a nonprofit public benefit
corporation, formed and organized pursuant to the Nonprofit Public
Benefit Corporation Law.  
   This bill would, notwithstanding any other law, prohibit a
nonprofit public benefit corporation that operates, or operates as, a
charter school from (1) operating or organizing in any manner
inconsistent with the accountability requirements that all charter
schools owe the public, (2) having members, (3) being a subsidiary of
any other corporation, or (4) being affiliated with another
corporation or equivalent legal entity that has the power to control,
or otherwise exert control over, either directly or indirectly, the
decision making or governance of the charter school. The bill would
also prohibit a charter school from operating as, or being operated
by, a for-profit corporation.  
   Existing law establishes the State Board of Education in the state
government. Existing law provides that the Superintendent of Public
Instruction shall be secretary and shall act as executive officer of
the board.  
   This bill would make a nonsubstantive change to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 47604 of the  
Education Code   is amended to read: 
   47604.  (a)  Charter schools   (1)  
  A charter school  may elect to operate as, or be
operated by, a nonprofit public benefit corporation, formed and
organized pursuant to the Nonprofit Public Benefit Corporation Law
(Part 2 (commencing with Section 5110) of Division 2 of Title
 1)   1  of the Corporations Code). 
   (2) Notwithstanding any other law, a nonprofit public benefit
corporation that operates as, or operates, a charter school, shall
not do any of the following:  
   (A) Operate or organize in any manner inconsistent with the
accountability requirements that all charter schools, including those
operating as, or that are operated by, a nonprofit public benefit
corporation, owe to the public.  
   (B) Have members, as defined in Section 5056 of the Corporations
Code.  
   (C) Be a subsidiary of any other corporation.  
   (D) Be affiliated with another corporation or equivalent legal
entity that has the power to control, or otherwise exert control
over, either directly or indirectly, the decision making or
governance of the charter school, including, but not limited to,
fiscal, operational, and educational decisions. 
   (b)  The governing board of a school district 
 An authority  that grants a charter for the establishment
of a charter school formed and organized pursuant to this section
shall be entitled to a single representative on the board of
directors of the nonprofit public benefit corporation.
   (c) An authority that grants a charter to a charter school to be
operated by, or as, a nonprofit public benefit corporation is not
liable for the debts or obligations of the charter school, or for
claims arising from the performance of acts, errors, or omissions by
the charter school, if the authority has complied with all oversight
responsibilities required by law, including, but not limited to,
those required by Section 47604.32 and subdivision (m) of Section
47605. 
   (d) A charter school shall not be operated as, or be operated by,
a for-profit corporation.  
  SECTION 1.    Section 33004 of the Education Code
is amended to read:
   33004.  The Superintendent of Public Instruction shall be
secretary and shall act as executive officer of the board. He or she
shall have charge of all its correspondence and shall keep a record
of its proceedings.