Amended in Senate May 13, 2015

Amended in Senate April 29, 2015

Amended in Senate April 13, 2015

Senate BillNo. 322


Introduced by Senator Leno

February 23, 2015


An act to amendbegin delete Sections 47605, 47610, and 48925end deletebegin insert Section 47605end insert of, and to add Section 49068.7 to, the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

SB 322, as amended, Leno. Charter schools: pupils: suspension and expulsion: admissions: departures.

(1) The Charter Schools Act of 1992begin insert (the act)end insert permits teachers and parents to petition the governing board of a school district to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupilbegin delete learning. Existing law exempts charter schools from the laws governing school districts except those of the Charter Schools Act of 1992, those establishing minimum age for public school attendance, specified building code regulations, and other specified laws.end deletebegin insert learning. Theend insertbegin insert act prohibits the governing board of a school district from denying a petition for the establishment of a charter school unless the governing board of the school district finds that the petition does not contain specified information, including, among other information, end insertbegin insertthe procedures by which pupils can be suspended or expelled.end insert

Existing law enumerates the acts for which a pupil may be suspended or expelled frombegin insert a traditional publicend insert school and sets forth procedures a school district is required to follow in suspending or expelling a pupil.begin insert Existing law requires the governing board of a school district to refer a pupil who has been expelled from school to a program of study that meets certain conditions, including that the program not be provided at a comprehensive middle, junior, or senior high school, or at any elementary school.end insert

This bill wouldbegin delete require a charter school to comply with laws governing school districts relating to the suspension and expulsion of pupils, thereby imposing a state-mandated local program. The bill would also make conforming changes.end deletebegin insert require the charter school suspension and expulsion procedures described in the charter petition to meet certain minimum requirements, including meeting the constitutional due process requirement of providing notice and an opportunity to be heard. To the extent this bill would impose additional duties on charter schools, it would constitute a state-mandated local program. The bill also would specify that a pupil’s departure from a charter school that fails to adopt or follow the required expulsion procedures shall not be considered as an expulsion for purposes of referring the pupil to a program of study.end insert

(2) begin deleteExisting law end deletebegin insertThe act end insertrequires, if the number of pupils who wish to attend a charter school exceeds its capacity, preference to be extended to pupils currently attending the charter school and to pupils who reside in the school district, and authorizes other preferences as permitted by the chartering authority on an individual school basis and only if consistent with the law.

This bill would additionally require preference for siblings of pupils attending the charter school and children of employees at the charter school. The bill would instead authorize other preferences on an individual charter school basis only if certain conditions are met, including, among other conditions, that each type of preference isbegin delete to beend delete approved by the charter school at a publicbegin delete hearingend deletebegin insert hearing,end insert and that no preference requires mandatory parental volunteer hours as criterion for admission or continued enrollment. The bill also would authorize a charter school to encourage parental involvement, but would require the charter school to notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.

(3) begin deleteExisting law end deletebegin insertThe act end insertrequires, if a pupil is expelled or leaves a charter school without graduating or completing the school year, the charter school to notify the superintendent of the school district of the pupil’s last known address within 30 days, and is required to, upon request, provide the school with certain information, including a transcript.

This bill would require the charter school to notify the superintendent of the school district within 10 days of the pupil’s departure and would require the charter school to provide the reason for the pupil’s departure. By imposing additional duties on charter school officials, the bill would impose a state-mandated local program.

(4) This bill also would require each school district to draft and implement a policy to annually collect data about teacher turnover at each of its schools, and at each charter school it authorizes. By imposing additional duties on school districts, and to the extent this would impose additional duties on charter school officials, the bill would impose a state-mandated local program. The bill would specify that the data collected shall be subject to the California Public Records Act.

(5) This bill would state the intent of the Legislature in enacting its provisions, and would update references and make other nonsubstantive changes.

(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(7) 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    1

SECTION 1.  

It is the intent of the Legislature in enacting this
2act to do all of the following:

P4    1(a) Ensure equal access to interested pupils at charter schools
2and prohibit practices that discourage enrollment or
3disproportionately push out segments of already enrolled pupils.

4(b) Ensure that charter school discipline policies are fair and
5transparent.

6(c) Ensure that a pupil’s constitutional right to due process is
7protected at charter schools.

8(d) Consistent with Section 5 of Article IX of the California
9Constitution, ensure that charter schools operate within the system
10of common schools by remaining “... free, nonsectarian and open
11to all students...,” as stated in Wilson v. State Board of Education
12(1999) 75 Cal.App.4th 1125, 1137-38.

13(e) Gather data on pupil and teacher turnover in the charter
14school environment.

15

SEC. 2.  

Section 47605 of the Education Code is amended to
16read:

17

47605.  

(a) (1) Except as set forth in paragraph (2), a petition
18for the establishment of a charter school within a school district
19may be circulated by one or more persons seeking to establish the
20charter school. A petition for the establishment of a charter school
21shall identify a single charter school that will operate within the
22geographic boundaries of that school district. A charter school
23may propose to operate at multiple sites within the school district,
24as long as each location is identified in the charter school petition.
25The petition may be submitted to the governing board of the school
26district for review after either of the following conditions is met:

27(A) The petition is signed by a number of parents or legal
28guardians of pupils that is equivalent to at least one-half of the
29number of pupils that the charter school estimates will enroll in
30the charter school for its first year of operation.

31(B) The petition is signed by a number of teachers that is
32equivalent to at least one-half of the number of teachers that the
33charter school estimates will be employed at the charter school
34during its first year of operation.

35(2) A petition that proposes to convert an existing public school
36to a charter school that would not be eligible for a loan pursuant
37to subdivision (c) of Section 41365 may be circulated by one or
38more persons seeking to establish the charter school. The petition
39may be submitted to the governing board of the school district for
40review after the petition is signed by not less than 50 percent of
P5    1the permanent status teachers currently employed at the public
2school to be converted.

3(3) A petition shall include a prominent statement that a
4signature on the petition means that the parent or legal guardian
5is meaningfully interested in having his or her child or ward attend
6the charter school, or in the case of a teacher’s signature, means
7that the teacher is meaningfully interested in teaching at the charter
8school. The proposed charter shall be attached to the petition.

9(4) After receiving approval of its petition, a charter school that
10proposes to establish operations at one or more additional sites
11shall request a material revision to its charter and shall notify the
12authority that granted its charter of those additional locations. The
13authority that granted its charter shall consider whether to approve
14those additional locations at an open, public meeting. If the
15additional locations are approved, there shall be a material revision
16to the charter school’s charter.

17(5) A charter school that is unable to locate within the
18jurisdiction of the chartering school district may establish one site
19outside the boundaries of the school district, but within the county
20in which that school district is located, if the school district within
21the jurisdiction of which the charter school proposes to operate is
22notified in advance of the charter petition approval, the county
23superintendent of schools and the Superintendent are notified of
24the location of the charter school before it commences operations,
25and either of the following circumstances exists:

26(A) The school has attempted to locate a single site or facility
27to house the entire program, but a site or facility is unavailable in
28the area in which the school chooses to locate.

29(B) The site is needed for temporary use during a construction
30or expansion project.

31(6) Commencing January 1, 2003, a petition to establish a charter
32school shall not be approved to serve pupils in a grade level that
33is not served by the school district of the governing board
34considering the petition, unless the petition proposes to serve pupils
35in all of the grade levels served by that school district.

36(b) No later than 30 days after receiving a petition, in accordance
37with subdivision (a), the governing board of the school district
38shall hold a public hearing on the provisions of the charter, at
39which time the governing board of the school district shall consider
40the level of support for the petition by teachers employed by the
P6    1school district, other employees of the school district, and parents.
2Following review of the petition and the public hearing, the
3governing board of the school district shall either grant or deny
4the charter within 60 days of receipt of the petition, provided,
5however, that the date may be extended by an additional 30 days
6if both parties agree to the extension. In reviewing petitions for
7the establishment of charter schools pursuant to this section, the
8chartering authority shall be guided by the intent of the Legislature
9that charter schools are and should become an integral part of the
10California educational system and that the establishment of charter
11schools should be encouraged. The governing board of the school
12district shall grant a charter for the operation of a school under this
13part if it is satisfied that granting the charter is consistent with
14sound educational practice. The governing board of the school
15district shall not deny a petition for the establishment of a charter
16school unless it makes written factual findings, specific to the
17particular petition, setting forth specific facts to support one or
18more of the following findings:

19(1) The charter school presents an unsound educational program
20for the pupils to be enrolled in the charter school.

21(2) The petitioners are demonstrably unlikely to successfully
22implement the program set forth in the petition.

23(3) The petition does not contain the number of signatures
24required by subdivision (a).

25(4) The petition does not contain an affirmation of each of the
26conditions described in subdivision (d).

27(5) The petition does not contain reasonably comprehensive
28descriptions of all of the following:

29(A) (i) A description of the educational program of the charter
30school, designed, among other things, to identify those whom the
31charter school is attempting to educate, what it means to be an
32“educated person” in the 21st century, and how learning best
33occurs. The goals identified in that program shall include the
34objective of enabling pupils to become self-motivated, competent,
35and lifelong learners.

36(ii) A description, for the charter school, of annual goals, for
37all pupils and for each subgroup of pupils identified pursuant to
38Section 52052, to be achieved in the state priorities, as described
39in subdivision (d) of Section 52060, that apply for the grade levels
40served, or the nature of the program operated, by the charter school,
P7    1and specific annual actions to achieve those goals. A charter
2petition may identify additional school priorities, the goals for the
3school priorities, and the specific annual actions to achieve those
4goals.

5(iii) If the proposed charter school will serve high school pupils,
6a description of the manner in which the charter school will inform
7parents about the transferability of courses to other public high
8schools and the eligibility of courses to meet college entrance
9requirements. Courses offered by the charter school that are
10accredited by the Western Association of Schools and Colleges
11may be considered transferable and courses approved by the
12University of California or the California State University as
13creditable under the “A” to “G” admissions criteria may be
14considered to meet college entrance requirements.

15(B) The measurable pupil outcomes identified for use by the
16charter school. “Pupil outcomes,” for purposes of this part, means
17the extent to which all pupils of the charter school demonstrate
18that they have attained the skills, knowledge, and attitudes specified
19as goals in the charter school’s educational program. Pupil
20outcomes shall include outcomes that address increases in pupil
21academic achievement both schoolwide and for all groups of pupils
22served by the charter school, as that term is defined in subparagraph
23(B) of paragraph (3) of subdivision (a) of Section 47607. The pupil
24outcomes shall align with the state priorities, as described in
25subdivision (d) of Section 52060, that apply for the grade levels
26served, or the nature of the program operated, by the charter school.

27(C) The method by which pupil progress in meeting those pupil
28outcomes is to be measured. To the extent practicable, the method
29for measuring pupil outcomes for state priorities shall be consistent
30with the way information is reported on a school accountability
31report card.

32(D) The governance structure of the charter school, including,
33but not limited to, the process to be followed by the charter school
34to ensure parental involvement.

35(E) The qualifications to be met by individuals to be employed
36by the charter school.

37(F) The procedures that the charter school will follow to ensure
38the health and safety of pupils and staff. These procedures shall
39include the requirement that each employee of the charter school
P8    1furnish it with a criminal record summary as described in Section
244237.

3(G) The means by which the charter school will achieve a racial
4and ethnic balance among its pupils that is reflective of the general
5population residing within the territorial jurisdiction of the school
6district to which the charter petition is submitted.

7(H) Admission policies and procedures, consistent with
8subdivision (d).

9(I) The manner in which annual, independent financial audits
10shall be conducted, which shall employ generally accepted
11accounting principles, and the manner in which audit exceptions
12and deficiencies shall be resolved to the satisfaction of the
13chartering authority.

14(J) The procedures by which pupils can be suspended or
15begin delete expelled.end deletebegin insert expelled, consistent with subdivision (d).end insert

16(K) The manner by which staff members of the charter schools
17will be covered by the State Teachers’ Retirement System, the
18Public Employees’ Retirement System, or federal social security.

19(L) The public school attendance alternatives for pupils residing
20within the school district who choose not to attend charter schools.

21(M) A description of the rights of an employee of the school
22district upon leaving the employment of the school district to work
23in a charter school, and of any rights of return to the school district
24after employment at a charter school.

25(N) The procedures to be followed by the charter school and
26the entity granting the charter to resolve disputes relating to
27provisions of the charter.

28(O) A declaration of whether or not the charter school shall be
29deemed the exclusive public school employer of the employees of
30 the charter school for purposes of Chapter 10.7 (commencing with
31Section 3540) of Division 4 of Title 1 of the Government Code.

32(P) A description of the procedures to be used if the charter
33school closes. The procedures shall ensure a final audit of the
34charter school to determine the disposition of all assets and
35liabilities of the charter school, including plans for disposing of
36any net assets and for the maintenance and transfer of pupil records.

37(c) (1) Charter schools shall meet all statewide standards and
38conduct the pupil assessments required pursuant to Sections 60605
39and 60851 and any other statewide standards authorized in statute
P9    1or pupil assessments applicable to pupils in noncharter public
2schools.

3(2) Charter schools shall, on a regular basis, consult with their
4parents, legal guardians, and teachers regarding the charter school’s
5educational programs.

6(d) (1) In addition to any other requirement imposed under this
7part, a charter school shall be nonsectarian in its programs,
8admission policies, employment practices, and all other operations,
9shall not charge tuition, and shall not discriminate against a pupil
10on the basis of the characteristics listed in Section 220. Except as
11provided in paragraph (2), admission to a charter school shall not
12be determined according to the place of residence of the pupil, or
13of his or her parent or legal guardian, within this state, except that
14an existing public school converting partially or entirely to a charter
15school under this part shall adopt and maintain a policy giving
16admission preference to pupils who reside within the former
17attendance area of that public school.

18(2) (A) A charter school shall admit all pupils who wish to
19attend the charter school.

20(B) If the number of pupils who wish to attend the charter school
21exceeds the charter school’s capacity, attendance, except for
22existing pupils of the charter school, shall be determined by a
23public random drawing. Preference shall be extended to pupils
24currently attending the charter school, siblings of pupils currently
25attending the charter school, children of employees at the charter
26school, and pupils who reside in the school district except as
27provided for in Section 47614.5. Additionally, other preferences
28may be permitted on an individual charter school basis, in
29 accordance with all of the following:

30(i) Each type of preference shall be approved by the charter
31school at a public hearing.

32(ii) Preferences shall be consistent with federal law and the
33California Constitution.

34(iii) Preferences shall ensure access for pupils with disabilities,
35academically low-achieving pupils, English learners, and
36low-income pupils, as determined by eligibility for any free or
37reduced-price meal program.

38(iv) Preferences shall not require mandatory parental volunteer
39hours as a criterion for admission or continued enrollment.

P10   1(C) In the event of a drawing, the chartering authority shall
2make reasonable efforts to accommodate the growth of the charter
3school and in no event shall take any action to impede the charter
4school from expanding enrollment to meet pupil demand.

begin insert

5(3) Charter school suspension and expulsion procedures shall
6meet the following minimum requirements:

end insert
begin insert

7(A) The procedures shall meet the constitutional due process
8requirement of providing notice and an opportunity to be heard
9before restricting a pupil’s legitimate entitlement to public
10education.

end insert
begin insert

11(B) For expulsions, the procedures shall ensure all of the
12following:

end insert
begin insert

13(i) The pupil is entitled to a formal hearing to determine if the
14pupil shall be expelled.

end insert
begin insert

15(ii) At the hearing, the pupil or the pupil’s parent or guardian
16has a right to appear in person or to be represented by an attorney
17licensed to practice law in California or by a nonattorney adviser,
18to inspect and obtain copies of all documents to be used at the
19hearing, to confront and question all witnesses who testify at the
20hearing, to question all other evidence presented, and to present
21oral and documentary evidence on the pupil’s behalf, including
22through witnesses.

end insert
begin insert

23(iii) At least 10 days before the proposed hearing date, the pupil
24is provided written notice of the hearing, which, at a minimum,
25identifies the date and place of the hearing, the specific facts and
26charges upon which the proposed expulsion is based, the
27disciplinary rules that relate to the alleged violation, and the
28procedures that will govern the hearing, including those specified
29in clause (ii).

end insert
begin insert

30(iv) If the individual, panel, or board conducting the formal
31hearing determines that the pupil shall be expelled, the individual,
32panel, or board shall issue a written decision identifying the basis
33for the decision, including all facts in support of the decision,
34which shall be limited only to evidence presented at the formal
35hearing and shall not consist solely of hearsay evidence.

end insert
begin insert

36(v) A record of the hearing is made so that a reasonably
37accurate and complete written transcription of the proceedings
38can be made.

end insert
begin insert

39(4) Unless a charter school has adopted procedures for the
40expulsion of pupils that are consistent with subparagraph (B) of
P11   1paragraph (3) and follows those procedures, a pupil’s departure
2from the charter school shall not be considered as an expulsion
3pursuant to Section 48915.

end insert
begin delete

4(3)

end delete

5begin insert(5)end insert If a pupil is expelled or leaves the charter school without
6graduating or completing the school year for any reason, the charter
7school shall notify the superintendent of the school district of the
8pupil’s last known address within 10 days and shall provide that
9school district with a copy of the cumulative record of the pupil,
10including a transcript of grades or report card, health information,
11and the reason for the pupil’s departure. This paragraph applies
12only to pupils subject to compulsory full-time education pursuant
13to Section 48200.

14(e) The governing board of a school district shall not require an
15employee of the school district to be employed in a charter school.

16(f) The governing board of a school district shall not require a
17pupil enrolled in the school district to attend a charter school.

18(g) The governing board of a school district shall require that
19the petitioner or petitioners provide information regarding the
20proposed operation and potential effects of the charter school,
21including, but not limited to, the facilities to be used by the charter
22school, the manner in which administrative services of the charter
23school are to be provided, and potential civil liability effects, if
24any, upon the charter school and upon the school district. The
25description of the facilities to be used by the charter school shall
26specify where the charter school intends to locate. The petitioner
27or petitioners also shall be required to provide financial statements
28that include a proposed first-year operational budget, including
29startup costs, and cashflow and financial projections for the first
30three years of operation.

31(h) In reviewing petitions for the establishment of charter
32schools within the school district, the governing board of the school
33district shall give preference to petitions that demonstrate the
34capability to provide comprehensive learning experiences to pupils
35identified by the petitioner or petitioners as academically low
36achieving pursuant to the standards established by the department
37under Section 54032, as it read before July 19, 2006.

38(i) Upon the approval of the petition by the governing board of
39the school district, the petitioner or petitioners shall provide written
40notice of that approval, including a copy of the petition, to the
P12   1applicable county superintendent of schools, the department, and
2the state board.

3(j) (1) If the governing board of a school district denies a
4petition, the petitioner may elect to submit the petition for the
5establishment of a charter school to the county board of education.
6The county board of education shall review the petition pursuant
7to subdivision (b). If the petitioner elects to submit a petition for
8establishment of a charter school to the county board of education
9and the county board of education denies the petition, the petitioner
10may file a petition for establishment of a charter school with the
11state board, and the state board may approve the petition, in
12accordance with subdivision (b). A charter school that receives
13approval of its petition from a county board of education or from
14the state board on appeal shall be subject to the same requirements
15concerning geographic location to which it would otherwise be
16subject if it received approval from the entity to which it originally
17submitted its petition. A charter petition that is submitted to either
18a county board of education or to the state board shall meet all
19otherwise applicable petition requirements, including the
20identification of the proposed site or sites where the charter school
21will operate.

22(2) In assuming its role as a chartering agency, the state board
23shall develop criteria to be used for the review and approval of
24charter school petitions presented to the state board. The criteria
25shall address all elements required for charter approval, as
26identified in subdivision (b) and shall define “reasonably
27comprehensive,” as used in paragraph (5) of subdivision (b), in a
28 way that is consistent with the intent of this part. Upon satisfactory
29completion of the criteria, the state board shall adopt the criteria
30on or before June 30, 2001.

31(3) A charter school for which a charter is granted by either the
32county board of education or the state board based on an appeal
33pursuant to this subdivision shall qualify fully as a charter school
34for all funding and other purposes of this part.

35(4) If either the county board of education or the state board
36fails to act on a petition within 120 days of receipt, the decision
37of the governing board of the school district to deny the petition
38shall be subject to judicial review.

39(5) The state board shall adopt regulations implementing this
40subdivision.

P13   1(6) Upon the approval of the petition by the county board of
2education, the petitioner or petitioners shall provide written notice
3of that approval, including a copy of the petition, to the department
4and the state board.

5(k) (1) The state board may, by mutual agreement, designate
6its supervisorial and oversight responsibilities for a charter school
7approved by the state board to any local educational agency in the
8county in which the charter school is located or to the governing
9board of the school district that first denied the petition.

10(2) The designated local educational agency shall have all
11monitoring and supervising authority of a chartering agency,
12including, but not limited to, powers and duties set forth in Section
1347607, except the power of revocation, which shall remain with
14the state board.

15(3) A charter school that is granted its charter through an appeal
16to the state board and elects to seek renewal of its charter shall,
17before expiration of the charter, submit its petition for renewal to
18the governing board of the school district that initially denied the
19charter. If the governing board of the school district denies the
20charter school’s petition for renewal, the charter school may
21petition the state board for renewal of its charter.

22(l) Teachers in charter schools shall hold a Commission on
23Teacher Credentialing certificate, permit, or other document
24equivalent to that which a teacher in other public schools would
25be required to hold. These documents shall be maintained on file
26at the charter school and are subject to periodic inspection by the
27chartering authority. It is the intent of the Legislature that charter
28schools be given flexibility with regard to noncore, noncollege
29preparatory courses.

30(m) A charter school shall transmit a copy of its annual,
31independent financial audit report for the preceding fiscal year, as
32described in subparagraph (I) of paragraph (5) of subdivision (b),
33to its chartering entity, the Controller, the county superintendent
34of schools of the county in which the charter school is sited, unless
35the county board of education of the county in which the charter
36school is sited is the chartering entity, and the department by
37December 15 of each year. This subdivision does not apply if the
38audit of the charter school is encompassed in the audit of the
39chartering entity pursuant to Section 41020.

P14   1(n) A charter school may encourage parental involvement, but
2shall notify the parents and guardians of applicant pupils and
3currently enrolled pupils that parental involvement is not a
4requirement for acceptance to, or continued enrollment at, the
5charter school.

begin delete
6

SEC. 3.  

Section 47610 of the Education Code is amended to
7read:

8

47610.  

A charter school shall comply with this part and all of
9the provisions set forth in its charter, but is otherwise exempt from
10the laws governing school districts, except all of the following:

11(a) All laws establishing minimum age for public school
12attendance.

13(b) The California Building Standards Code (Part 2
14(commencing with Section 101) of Title 24 of the California Code
15of Regulations), as adopted and enforced by the local building
16enforcement agency with jurisdiction over the area in which the
17charter school is located. Charter school facilities shall comply
18with this subdivision by January 1, 2007.

19(c) Sections 41365 and 47611 and Article 1 (commencing with
20Section 48900) of Chapter 6 of Part 27.

21

SEC. 4.  

Section 48925 of the Education Code is amended to
22read:

23

48925.  

As used in this article:

24(a) “Day” means a calendar day unless otherwise specifically
25provided.

26(b) “Expulsion” means removal of a pupil from (1) the
27immediate supervision and control, or (2) the general supervision,
28of school personnel, as those terms are used in Section 46300.

29(c) “Governing board” means the governing board of a school
30district or the governing body of a charter school.

31(d) “Principal” means the principal of the school or the site
32administrator of a charter school.

33(e) “Pupil” includes a pupil’s parent or guardian or legal counsel.

34(f) “School” includes a charter school.

35(g) “Schoolday” means a day upon which the schools of the
36district are in session or weekdays during the summer recess.

37(h) “Suspension” means removal of a pupil from ongoing
38instruction for adjustment purposes. However, “suspension” does
39not mean any of the following:

P15   1(1) Reassignment to another education program or class at the
2same school where the pupil will receive continuing instruction
3for the length of day prescribed by the governing board for pupils
4of the same grade level.

5(2) Referral to a certificated employee designated by the
6principal to advise pupils.

7(3) Removal from the class, but without reassignment to another
8class or program, for the remainder of the class period without
9sending the pupil to the principal or the principal’s designee as
10provided in Section 48910. Removal from a particular class shall
11not occur more than once every five schooldays.

end delete
12

begin deleteSEC. 5.end delete
13begin insertSEC. 3.end insert  

Section 49068.7 is added to the Education Code, to
14read:

15

49068.7.  

(a) Each school district shall draft and implement a
16policy to annually collect data about teacher turnover at each of
17its schools, and at each charter school it authorizes.

18(b) Subject to existing state and federal law regarding privacy
19and personal directory information, the data collected pursuant to
20this section shall be classified as public records subject to the
21California Public Records Act (Chapter 3.5 (commencing with
22Section 6250) of Division 7 of Title 1 of the Government Code).

23

begin deleteSEC. 6.end delete
24begin insertSEC. 4.end insert  

The Legislature finds and declares that Sectionbegin delete 5end deletebegin insert 3end insert of
25this act, which adds Section 49068.7 to the Education Code,
26furthers, within the meaning of paragraph (7) of subdivision (b)
27of Section 3 of Article I of the California Constitution, the purposes
28of that constitutional section as it relates to the right of public
29access to the meetings of local public bodies or the writings of
30local public officials and local agencies. Pursuant to paragraph (7)
31of subdivision (b) of Section 3 of Article I of the California
32Constitution, the Legislature makes the following findings:

33By making public the reasons for teacher turnover at charter
34schools, the public’s interest in charter school operation and
35transparency is furthered.

36

begin deleteSEC. 7.end delete
37begin insertSEC. 5.end insert  

If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P16   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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