SB 322,
as amended, Leno. Charter schools: pupils: suspension and expulsion:begin delete admissions: departures.end deletebegin insert admissions.end insert
(1) The Charter Schools Act of 1992 (the act) 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 pupil learning. The 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, the procedures by which pupils can be suspended or expelled.
Existing law enumerates the acts for which a pupil may be suspended or expelled from a traditional public school and sets forth procedures a school district is required to follow in suspending or expelling a pupil. 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.
This bill would require the charter school suspension and expulsion procedures described in the charter petition to meet certain minimum requirements, including, among other things, meeting the constitutional due process requirement of providing notice and an opportunity to be heard, various procedural requirements, identifying a list of acts for which a pupil enrolled in the charter school may be suspended or expelled,begin insert andend insert identifying the maximum length of time for which a pupil may bebegin delete suspended, and, for expulsions, the opportunity to subpoena witnesses, as specified.end deletebegin insert
suspended.end insert The bill also would require a charter school to ensure no loss of instructional days for a pupil pending final determination of the expulsion hearing by providing the pupil access to educational programming, and upon a final determination to expel a pupil, to ensure the pupil is provided access to educational programing until the charter school has confirmed the pupil has been provided a suitable educational placement. To the extent this bill would impose additional duties on charter schools, it would constitute a state-mandated local program. The bill also would authorize a pupil to appeal his orbegin insert herend insert expulsion to the applicable county board of education. To the extent this would impose additional duties on county board of education officials, the bill would impose a state-mandated local program.
(2) The act requires, 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 instead authorize other preferences permitted by the chartering authority on an individual charter school basis only if certain conditions are met, including, among other conditions, that each type of preference is approved by the charter school at a public hearing, 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) The act requires, 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.
end deleteThis bill 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.
end delete(4)
end delete
begin insert(3)end insert This bill would state the intent of the Legislature in enacting its provisions, and wouldbegin delete update references andend delete make other nonsubstantive changes.
(5)
end deletebegin insert(4)end insert 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:
It is the intent of the Legislature in enacting this
2act to do all of the following:
3(a) Ensure equal access to interested pupils at charter schools
4and prohibit practices that discourage enrollment or
5disproportionately push out segments of already enrolled pupils.
6(b) Ensure that charter school discipline policies are fair and
7transparent.
8(c) Ensure that a pupil’s constitutional right to due process is
9protected at charter schools.
P4 1(d) Consistent with Section 5
of Article IX of the California
2Constitution, ensure that charter schools operate within the system
3of common schools by remaining “... free, nonsectarian and open
4to all students...,” as stated in Wilson v. State Board of Education
5(1999) 75 Cal.App.4th 1125, 1137-38.
6(e) Gather data on pupil turnover in the charter school
7environment.
Section 47605 of the Education Code is amended to
9read:
(a) (1) Except as set forth in paragraph (2), a petition
11for the establishment of a charter school within a school district
12may be circulated by one or more persons seeking to establish the
13charter school. A petition for the establishment of a charter school
14shall identify a single charter school that will operate within the
15geographic boundaries of that school district. A charter school
16may propose to operate at multiple sites within the school district,
17as long as each location is identified in the charter school petition.
18The petition may be submitted to the governing board of the school
19district for review after either of the following conditions is met:
20(A) The
petition is signed by a number of parents or legal
21guardians of pupils that is equivalent to at least one-half of the
22number of pupils that the charter school estimates will enroll in
23the charter school for its first year of operation.
24(B) The petition is signed by a number of teachers that is
25equivalent to at least one-half of the number of teachers that the
26charter school estimates will be employed at the charter school
27during its first year of operation.
28(2) A petition that proposes to convert an existing public school
29to a charter school that would not be eligible for a loan pursuant
30to subdivision (c) of Section 41365 may be circulated by one or
31more persons seeking to establish the charter school. The petition
32may be submitted to the governing board of the school district for
33review
after the petition is signed by not less than 50 percent of
34the permanent status teachers currently employed at the public
35school to be converted.
36(3) A petition shall include a prominent statement that a
37signature on the petition means that the parent or legal guardian
38is meaningfully interested in having his or her child or ward attend
39the charter school, or in the case of a teacher’s signature, means
P5 1that the teacher is meaningfully interested in teaching at the charter
2school. The proposed charter shall be attached to the petition.
3(4) After receiving approval of its petition, a charter school that
4proposes to establish operations at one or more additional sites
5shall request a material revision to its charter and shall notify the
6authority that granted its charter of those
additional locations. The
7authority that granted its charter shall consider whether to approve
8those additional locations at an open, public meeting. If the
9additional locations are approved, there shall be a material revision
10to the charter school’s charter.
11(5) A charter school that is unable to locate within the
12jurisdiction of the chartering school district may establish one site
13outside the boundaries of the school district, but within the county
14in which that school district is located, if the school district within
15the jurisdiction of which the charter school proposes to operate is
16notified in advance of the charter petition approval, the county
17superintendent of schools and the Superintendent are notified of
18the location of the charter school before it commences operations,
19and either of the following circumstances exists:
20(A) The school has attempted to locate a single site or facility
21to house the entire program, but a site or facility is unavailable in
22the area in which the school chooses to locate.
23(B) The site is needed for temporary use during a construction
24or expansion project.
25(6) Commencing January 1, 2003, a petition to establish a charter
26school shall not be approved to serve pupils in a grade level that
27is not served by the school district of the governing board
28considering the petition, unless the petition proposes to serve pupils
29in all of the grade levels served by that school district.
30(b) No later than 30 days after receiving a petition, in accordance
31with
subdivision (a), the governing board of the school district
32shall hold a public hearing on the provisions of the charter, at
33which time the governing board of the school district shall consider
34the level of support for the petition by teachers employed by the
35school district, other employees of the school district, and parents.
36Following review of the petition and the public hearing, the
37governing board of the school district shall either grant or deny
38the charter within 60 days of receipt of the petition, provided,
39however, that the date may be extended by an additional 30 days
40if both parties agree to the extension. In reviewing petitions for
P6 1the establishment of charter schools pursuant to this section, the
2chartering authority shall be guided by the intent of the Legislature
3that charter schools are and should become an integral part of the
4California educational system and that the establishment
of charter
5schools should be encouraged. The governing board of the school
6district shall grant a charter for the operation of a school under this
7part if it is satisfied that granting the charter is consistent with
8sound educational practice. The governing board of the school
9district shall not deny a petition for the establishment of a charter
10school unless it makes written factual findings, specific to the
11particular petition, setting forth specific facts to support one or
12more of the following findings:
13(1) The charter school presents an unsound educational program
14for the pupils to be enrolled in the charter school.
15(2) The petitioners are demonstrably unlikely to successfully
16implement the program set forth in the petition.
17(3) The petition does not contain the number of signatures
18required by subdivision (a).
19(4) The petition does not contain an affirmation of each of the
20conditions described in subdivision (d).
21(5) The petition does not contain reasonably comprehensive
22descriptions of all of the following:
23(A) (i) A description of the educational program of the charter
24school, designed, among other things, to identify those whom the
25charter school is attempting to educate, what it means to be an
26“educated person” in the 21st century, and how learning best
27occurs. The goals identified in that program shall include the
28objective of enabling pupils to become self-motivated, competent,
29and lifelong
learners.
30(ii) A description, for the charter school, of annual goals, for
31all pupils and for each subgroup of pupils identified pursuant to
32Section 52052, to be achieved in the state priorities, as described
33in subdivision (d) of Section 52060, that apply for the grade levels
34served, or the nature of the program operated, by the charter school,
35and specific annual actions to achieve those goals. A charter
36petition may identify additional school priorities, the goals for the
37school priorities, and the specific annual actions to achieve those
38goals.
39(iii) If the proposed charter school will serve high school pupils,
40a description of the manner in which the charter school will inform
P7 1parents about the transferability of courses to other public high
2schools and the eligibility of
courses to meet college entrance
3requirements. Courses offered by the charter school that are
4accredited by the Western Association of Schools and Colleges
5may be considered transferable and courses approved by the
6University of California or the California State University as
7creditable under the “A” to “G” admissions criteria may be
8considered to meet college entrance requirements.
9(B) The measurable pupil outcomes identified for use by the
10charter school. “Pupil outcomes,” for purposes of this part, means
11the extent to which all pupils of the charter school demonstrate
12that they have attained the skills, knowledge, and attitudes specified
13as goals in the charter school’s educational program. Pupil
14outcomes shall include outcomes that address increases in pupil
15academic achievement both schoolwide and for all groups of pupils
16served
by the charter school, as that term is defined in subparagraph
17(B) of paragraph (3) of subdivision (a) of Section 47607. The pupil
18outcomes shall align with the state priorities, as described in
19subdivision (d) of Section 52060, that apply for the grade levels
20served, or the nature of the program operated, by the charter school.
21(C) The method by which pupil progress in meeting those pupil
22outcomes is to be measured. To the extent practicable, the method
23for measuring pupil outcomes for state priorities shall be consistent
24with the way information is reported on a school accountability
25report card.
26(D) The governance structure of the charter school, including,
27but not limited to, the process to be followed by the charter school
28to ensure parental involvement.
29(E) The qualifications to be met by individuals to be employed
30by the charter school.
31(F) The procedures that the charter school will follow to ensure
32the health and safety of pupils and staff. These procedures shall
33include the requirement that each employee of the charter school
34furnish it with a criminal record summary as described in Section
3544237.
36(G) The means by which the charter school will achieve a racial
37and ethnic balance among its pupils that is reflective of the general
38population residing within the territorial jurisdiction of the school
39district to which the charter petition is submitted.
P8 1(H) Admission policies and procedures, consistent with
2
subdivision (d).
3(I) The manner in which annual, independent financial audits
4shall be conducted, which shall employ generally accepted
5accounting principles, and the manner in which audit exceptions
6and deficiencies shall be resolved to the satisfaction of the
7chartering authority.
8(J) The procedures by which pupils can be suspended or
9expelled, consistent with subdivision (d), which, at a minimum,
10shall also do the following:
11(i) Identify a list of acts for which a pupil enrolled in the charter
12school may be suspended or expelled.
13(ii) Identify suspension and expulsion procedures, including the
14maximum length of time for which a pupil may be
suspended. The
15procedures shall also accommodate the rights of pupils with
16disabilities, consistent with federal law.
17(K) The manner by which staff members of the charter schools
18will be covered by the State Teachers’ Retirement System, the
19Public Employees’ Retirement System, or federal social security.
20(L) The public school attendance alternatives for pupils residing
21within the school district who choose not to attend charter schools.
22(M) A description of the rights of an employee of the school
23district upon leaving the employment of the school district to work
24in a charter school, and of any rights of return to the school district
25after employment at a charter school.
26(N) The procedures to be followed by the charter school and
27the entity granting the charter to resolve disputes relating to
28provisions of the charter.
29(O) A declaration of whether or not the charter school shall be
30deemed the exclusive public school employer of the employees of
31
the charter school for purposes of Chapter 10.7 (commencing with
32Section 3540) of Division 4 of Title 1 of the Government Code.
33(P) A description of the procedures to be used if the charter
34school closes. The procedures shall ensure a final audit of the
35charter school to determine the disposition of all assets and
36liabilities of the charter school, including plans for disposing of
37any net assets and for the maintenance and transfer of pupil records.
38(c) (1) Charter schools shall meet all statewide standards and
39conduct the pupil assessments required pursuant to Sections 60605
40and 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 and pupils who reside in the
25school district except as provided for in Section 47614.5.
26Additionally, other preferences may be permitted by the chartering
27authority on an individual charter school basis, in accordance with
28all of the following:
29(i) Each type of preference shall be approved by the charter
30school at a public hearing.
31(ii) Preferences shall be consistent with federal law, the
32California Constitution, and Section 200.
33(iii) Preferences shall not result in limiting enrollment access
34for pupils with disabilities, academically low-achieving pupils,
35English learners, neglected or delinquent pupils, homeless pupils,
36or pupils who are economically disadvantaged, as determined by
37eligibility for any free or reduced-price meal program.
38(iv) In accordance with Section 49011, preferences shall not
39require mandatory parental volunteer hours as a criterion for
40admission 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.
5(3) Charter school suspension and expulsion procedures shall
6meet the following minimum requirements:
7(A) The procedures shall comply with federal and state
8constitutional due process requirements, which include providing
9notice and an opportunity to be heard.
10(B) For expulsions, the procedures shall ensure all of the
11following:
12(i) The pupil is entitled to a formal hearing to determine if the
13pupil
shall be expelled.
14(ii) At least 10 days before the proposed hearing date, the pupil
15shall be provided written notice of the hearing, which, at a
16minimum, shall identify the date and place of the hearing, a
17statement of the specific facts and charges upon which the proposed
18expulsion is based, a copy of the disciplinary rules that relate to
19the alleged violation, and notice of the procedures that will govern
20the hearing, including those specified in clause (vi).
21(iii) Before the hearing has commenced, the governing body of
22
the charter school may issue subpoenas at the request of either the
23charter school principal or the charter school principal’s designee
24or the pupil, for the personal appearance of percipient witnesses
25at the hearing. Any objection raised by the charter school principal
26or the charter school principal’s designee or the pupil to the
27issuance of subpoenas may be considered by the individual, panel,
28or board conducting the formal hearing, if so requested by the
29pupil before the hearing. Any decision by the individual, panel, or
30board conducting the formal hearing in response to an objection
31to the issuance of subpoenas shall be final and binding. Service of
32process shall be extended to all parts of the state and shall be served
33
in accordance with Section 1987 of the Code of Civil Procedure.
34All witnesses appearing pursuant to a subpoena, other than the
35parties or officers or employees of the state or any political
36subdivision of the state, shall receive fees, and all witnesses
37appearing pursuant to a subpoena, except the parties, shall receive
38mileage in the same amount and under the same circumstances as
39prescribed for witnesses in civil actions in a superior court. Fees
P11 1and mileage shall be paid by the party at whose request the witness
2is subpoenaed.
3(iv) The hearing shall be held in a forum that is closed to the
4public, unless the pupil requests in writing at least five days before
5the date of the hearing that the hearing be open to the public.
6(v) The hearing shall be held within 30 schooldays after the date
7
that the charter school principal determines that the pupil has
8committed any of the expellable acts identified in the charter, as
9required by subparagraph (J) of paragraph (5) of subdivision (b),
10unless the pupil requests in writing that the hearing be postponed.
11A pupil shall be entitled to at least one postponement of an
12expulsion hearing, for a period of not more than 30 calendar days.
13Any additional postponement may be granted at the discretion of
14the charter school. If compliance by the charter school with the
15time requirement for conducting the expulsion hearing is
16impracticable during the school year, the charter school may, for
17good cause, extend the time period for the holding of the expulsion
18hearing for an additional five schooldays. If compliance with the
19time requirement for conducting the expulsion hearing is
20impractical due to a recess of more than two weeks, the days during
21the
recess period shall not be counted as schooldays in meeting
22the time requirements, except that the total number of schooldays
23not counted toward the time requirements shall not exceed 20
24schooldays, and unless the pupil requests in writing that the
25expulsion hearing be postponed, the hearing shall be held not later
26than 20 calendar days before the first day of school for the school
27year.
28(vi) At the hearing, the pupil or the pupil’s parent or guardian,
29or the pupil’s educational rights holder if the pupil is a foster child
30or youth or a homeless child or youth, has a right to appear in
31person or to be
represented by an attorney licensed to practice law
32in California or by a nonattorney adviser, to inspect and obtain
33copies of all documents to be used at the hearing, to confront and
34question all witnesses who testify at the hearing, to question all
35other evidence presented, and to present oral and documentary
36evidence on the pupil’s behalf, including through witnesses. A
37record of the hearing shall be made so that a reasonably accurate
38and complete written transcription of the proceedings can be made.
P12 1(vii) Within 10 schooldays after the conclusion of the formal
2hearing, the charter school shall decide whether to expel the pupil,
3unless the pupil requests in writing that the decision be postponed.
4(viii) If the individual, panel, or board conducting the formal
5hearing determines that the pupil shall be expelled, the individual,
6panel, or board shall issue a written decision identifying the basis
7for the decision, including all facts in support of the decision,
8which shall be based upon substantial evidence relevant to the
9
charges adduced at the formal hearing and shall not consist solely
10of hearsay evidence.
11(ix) Written notice of any decision to expel shall be sent by the
12charter school to the pupil or the pupil’s parent or guardian, or the
13pupil’s educational rights holder if the pupil is a foster child or
14youth or a homeless child or youth, and shall include notice of the
15right to appeal the expulsion to the county board of education, as
16provided for in clause (x),
and notice of the educational placement
17to be provided to the pupil during the time of expulsion, as
18provided for in clause (xii).
19(x) A pupil may appeal the expulsion to the county board of
20education with jurisdiction in the county in which the charter school
21is located, and the appeal shall be governed by Section 48919,
22except that
the pupil shall submit a written request for a copy of
23the written transcripts and supporting documents related to the
24expulsion and expulsion hearing to the charter school and the
25charter school shall provide the pupil with the transcripts,
26supporting documents, and records within 10 schooldays after the
27pupil’s written request.
28(xi) The charter school shall ensure no loss of instructional days
29for the pupil pending final determination of the expulsion, including
30an appeal, if one is filed, by providing the pupil access to
31educational programming.
32(xii) Upon final determination to expel a pupil, the charter school
33shall ensure the pupil is provided access to educational programing
34until the charter school has confirmed the pupil has been provided
35a suitable educational placement.
36(4) A pupil shall not be removed, involuntarily dismissed,
37disenrolled, or terminated from a charter school unless the charter
38school has complied with all of the procedures specified in
39subparagraph (B) of paragraph (3).
P13 1(5) Nothing in this section is intended to restrict or otherwise
2limit the rights available to pupils in charter schools under other
3federal and state law. All such protections shall
apply with full
4force and effect.
5(6) 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 30 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
P14 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.
P15 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.
P16 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 insertSection 47605 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
7read:end insert
(a) (1) Except as set forth in paragraph (2), a petition
9for the establishment of a charter school within a school district
10may be circulated by one or more persons seeking to establish the
11charter school. A petition for the establishment of a charter school
12shall identify a single charter school that will operate within the
13geographic boundaries of that school district. A charter school
14may propose to operate at multiple sites within the school district
15if each location is identified in the charter school petition. The
16petition may be submitted to the governing board of the school
17district for review after either of the following conditions is met:
18(A) The petition is signed by a number of parents or legal
19guardians of pupils that is
equivalent to at least one-half of the
20number of pupils that the charter school estimates will enroll in
21thebegin insert charterend insert school for its first year of operation.
22(B) The petition is signed by a number of teachers that is
23equivalent to at least one-half of the number of teachers that the
24charter school estimates will be employed at thebegin insert charterend insert school
25during its first year of operation.
26(2) A petition that proposes to convert an existing public school
27to a charter school that would not be eligible for a loan pursuant
28to subdivision (c) of Section 41365 may be circulated by one or
29more persons seeking to establish the charter school. The petition
30may be submitted to the
governing board of the school district for
31review after the petition is signed by not less than 50 percent of
32the permanent status teachers currently employed at the public
33school to be converted.
34(3) A petition shall include a prominent statement that a
35signature on the petition means that the parent or legal guardian
36is meaningfully interested in having his or her child or ward attend
37the charter school, or in the case of a teacher’s signature, means
38that the teacher is meaningfully interested in teaching at the charter
39school. The proposed charter shall be attached to the petition.
P17 1(4) After receiving approval of its petition, a charter school that
2proposes to establish operations at one or more additional sites
3shall request a material revision to its charter and shall notify the
4authority that granted its charter of those additional locations. The
5authority that granted its
charter shall consider whether to approve
6those additional locations at an open, public meeting. If the
7additional locations are approved,begin delete theyend deletebegin insert
thereend insert shall be a material
8revision to the charter school’s charter.
9(5) A charter school that is unable to locate within the
10jurisdiction of the chartering school district may establish one site
11outside the boundaries of the school district, but within the county
12in which that school district is located, if the school district within
13the jurisdiction of which the charter school proposes to operate is
14notified in advance of the charter petition approval, the county
15superintendent of schools and the Superintendent are notified of
16the location of the charter school before it commences operations,
17and either of the following circumstances exists:
18(A) The school has attempted to locate a single site or facility
19to house the entire program, but a site or facility is unavailable in
20the area in which the school chooses to locate.
21(B) The site is needed for temporary use during a construction
22or expansion project.
23(6) Commencing January 1, 2003, a petition to establish a charter
24schoolbegin delete mayend deletebegin insert shallend insert not be approved to serve pupils in a grade level
25that is not served by the school district of the governing board
26considering the petition, unless the petition proposes to serve pupils
27in all of the grade levels served by that school district.
28(b) No later than 30 days after receiving a petition, in accordance
29with subdivision (a), the governing board of the school district
30shall hold a public hearing on the provisions of the charter, at
31which time the governing
board of the school district shall consider
32the level of support for the petition by teachers employed by the
33school district, other employees of the school district, and parents.
34Following review of the petition and the public hearing, the
35governing board of the school district shall either grant or deny
36the charter within 60 days of receipt of the petition, provided,
37however, that the date may be extended by an additional 30 days
38if both parties agree to the extension. In reviewing petitions for
39the establishment of charter schools pursuant to this section, the
40chartering authority shall be guided by the intent of the Legislature
P18 1that charter schools are and should become an integral part of the
2California educational system and that the establishment of charter
3schools should be encouraged. The governing board of the school
4district shall grant a charter for the operation of a school under this
5part if it is satisfied that granting the charter is consistent with
6sound educational practice. The governing
board of the school
7district shall not deny a petition for the establishment of a charter
8school unless it makes written factual findings, specific to the
9particular petition, setting forth specific facts to support one or
10more of the following findings:
11(1) The charter school presents an unsound educational program
12for the pupils to be enrolled in the charter school.
13(2) The petitioners are demonstrably unlikely to successfully
14implement the program set forth in the petition.
15(3) The petition does not contain the number of signatures
16required by subdivision (a).
17(4) The petition does not contain an affirmation of each of the
18conditions described in subdivision (d).
19(5) The petition does
not contain reasonably comprehensive
20descriptions of all of the following:
21(A) (i) The educational program of the charter school, designed,
22among other things, to identify those whom the charter school is
23attempting to educate, what it means to be an “educated person”
24in the 21st century, and how learning best occurs. The goals
25identified in that program shall include the objective of enabling
26pupils to become self-motivated, competent, and lifelong learners.
27(ii) The annual goals for the charter school for all pupils and
28for each subgroup of pupils identified pursuant to Section 52052,
29to be achieved in the state priorities, as described in subdivision
30(d) of Section 52060, that apply for the grade levels served, or the
31nature of the program operated, by the charter school, and specific
32annual actions to achieve those goals. A charter petition may
33identify
additional school priorities, the goals for the school
34priorities, and the specific annual actions to achieve those goals.
35(iii) If the proposed charter school will serve high school pupils,
36the manner in which the charter school will inform parents about
37the transferability of courses to other public high schools and the
38eligibility of courses to meet college entrance requirements.
39Courses offered by the charter school that are accredited by the
40Western Association of Schools and Colleges may be considered
P19 1transferable and courses approved by the University of California
2or the California State University as creditable under the “A” to
3“G” admissions criteria may be considered to meet college entrance
4requirements.
5(B) The measurable pupil outcomes identified for use by the
6charter school. “Pupil outcomes,” for purposes of this part, means
7the extent to which all pupils of thebegin insert
charterend insert school demonstrate
8that they have attained the skills, knowledge, and attitudes specified
9as goals in thebegin insert charterend insert school’s educational program. Pupil
10outcomes shall include outcomes that address increases in pupil
11academic achievement both schoolwide and for all groups of pupils
12served by the charter school, as that term is defined in subparagraph
13(B) of paragraph (3) of subdivision (a) of Section 47607. The pupil
14outcomes shall align with the state priorities, as described in
15subdivision (d) of Section 52060, that apply for the grade levels
16served, or the nature of the program operated, by the charter school.
17(C) The method by which pupil progress in meeting those pupil
18outcomes is to be measured. To the extent practicable, the method
19for measuring pupil outcomes for state priorities
shall be consistent
20with the way information is reported on a school accountability
21report card.
22(D) The governance structure of the charter school, including,
23but not limited to, the process to be followed by the charter school
24to ensure parental involvement.
25(E) The qualifications to be met by individuals to be employed
26by the charter school.
27(F) The procedures that the charter school will follow to ensure
28the health and safety of pupils and staff. These procedures shall
29include the requirement that each employee of the charter school
30furnish it with a criminal record summary as described in Section
3144237.
32(G) The means by which thebegin insert charterend insert
school will achieve a racial
33and ethnic balance among its pupils that is reflective of the general
34population residing within the territorial jurisdiction of the school
35district to which the charter petition is submitted.
36(H) Admissionbegin delete requirements, if applicable.end deletebegin insert policies and
37procedures, consistent with subdivision (d).end insert
38(I) The manner in which annual, independent financial audits
39shall be conducted, which shall employ generally accepted
40accounting principles, and the manner in which audit exceptions
P20 1and deficiencies shall be resolved to the satisfaction of the
2chartering authority.
3(J) The procedures by which
pupils can be suspended or
4
begin delete expelled.end deletebegin insert expelled, consistent with subdivision (d), which, at a
5minimum, shall also do the following:end insert
6
(i) Identify a list of acts for which a pupil enrolled in the charter
7school may be suspended or expelled.
8
(ii) Identify suspension and expulsion procedures, including the
9maximum length of time for which a pupil may be suspended. The
10procedures shall also accommodate the rights of pupils with
11disabilities, consistent with federal law.
12(K) The manner by which staff members of the charter schools
13
will be covered by the State Teachers’ Retirement System, the
14Public Employees’ Retirement System, or federal social security.
15(L) The public school attendance alternatives for pupils residing
16within the school district who choose not to attend charter schools.
17(M) The rights of an employee of the school district upon
18leaving the employment of the school district to work in a charter
19school, and of any rights of return to the school district after
20employment at a charter school.
21(N) The procedures to be followed by the charter school and
22the entity granting the charter to resolve disputes relating to
23provisions of the charter.
24(O) The procedures to be used if the charter school closes. The
25procedures shall ensure a final audit of the charter school to
26
determine the disposition of all assets and liabilities of the charter
27school, including plans for disposing of any net assets and for the
28maintenance and transfer of pupil records.
29(6) The petition does not contain a declaration of whether or
30not the charter school shall be deemed the exclusive public
31employer of the employees of the charter school for purposes of
32Chapter 10.7 (commencing with Section 3540) of Division 4 of
33Title 1 of the Government Code.
34(c) (1) Charter schools shall meet all statewide standards and
35conduct the pupil assessments required pursuant to Sections 60605
36and 60851 and any other statewide standards authorized in statute
37or pupil assessments applicable to pupils in noncharter public
38schools.
P21 1(2) Charter schools shall, on a regular basis, consult with their
2parents,
legal guardians, and teachers regarding the charter school’s
3educational programs.
4(d) (1) In addition to any other requirement imposed under this
5part, a charter school shall be nonsectarian in its programs,
6admission policies, employment practices, and all other operations,
7shall not charge tuition, and shall not discriminate against a pupil
8on the basis of the characteristics listed in Section 220. Except as
9provided in paragraph (2), admission to a charter school shall not
10be determined according to the place of residence of the pupil, or
11of his or her parent or legal guardian, within this state, except that
12an existing public school converting partially or entirely to a charter
13school under this part shall adopt and maintain a policy giving
14admission preference to pupils who reside within the former
15attendance area of that public school.
16(2) (A) A charter school shall admit all pupils who wish to
17attend thebegin insert charterend insert school.
18(B) If the number of pupils who wish to attend the charter school
19exceeds thebegin insert charterend insert school’s capacity, attendance, except for
20existing pupils of the charter school, shall be determined by a
21public random drawing. Preference shall be extended to pupils
22currently attending the charter school and pupils who reside in the
23begin insert schoolend insert district except as provided for in Section 47614.5.begin delete Otherend delete
24begin insert
Additionally, otherend insert preferences may be permitted by the chartering
25authority on an individualbegin delete school
basis and only if consistent with
26the law.end delete
27following:end insert
28
(i) Each type of preference shall be approved by the charter
29school at a public hearing.
30
(ii) Preferences shall be consistent with federal law, the
31California Constitution, and Section 200.
32
(iii) Preferences shall not result in limiting enrollment access
33for pupils with disabilities, academically low-achieving pupils,
34English learners, neglected or delinquent pupils, homeless pupils,
35or pupils who are economically disadvantaged, as determined by
36eligibility for any free or reduced-price meal program.
37
(iv) In accordance with Section 49011, preferences shall not
38require mandatory parental volunteer hours as a criterion for
39admission or continued enrollment.
P22 1(C) In the event of a drawing, the chartering authority shall
2make reasonable efforts to accommodate the growth of the charter
3school and shall not take any action to impede the charter school
4from expanding enrollment to meet pupil demand.
5
(3) Charter school suspension and expulsion procedures shall
6meet the following minimum requirements:
7
(A) The procedures shall comply with federal and state
8constitutional due process requirements, which include providing
9notice and an opportunity to be
heard.
10
(B) For expulsions, the procedures shall ensure all of the
11following:
12
(i) The pupil is entitled to a formal hearing to determine if the
13pupil shall be expelled.
14
(ii) The pupil shall be provided written notice of the hearing,
15which, at a minimum, shall identify the date and place of the
16hearing, a statement of the specific facts and charges upon which
17the proposed expulsion is based, a copy of the disciplinary rules
18that relate to the alleged violation, and notice of the procedures
19that will govern the hearing, including those specified in clause
20(iii).
21
(iii) At the hearing, the pupil or the pupil’s parent or guardian,
22or the pupil’s
educational rights holder if the pupil is a foster child
23or youth or a homeless child or youth, has a right to appear in
24person or to be represented by an attorney licensed to practice
25law in California or by a nonattorney adviser, to inspect and obtain
26copies of all documents to be used at the hearing, to confront and
27question all witnesses who testify at the hearing, to question all
28other evidence presented, and to present oral and documentary
29evidence on the pupil’s behalf, including through witnesses. A
30record of the hearing shall be made so that a reasonably accurate
31and complete written transcription of the proceedings can be made.
32
(iv) If the individual, panel, or board conducting the formal
33hearing determines that the pupil shall be expelled, the individual,
34panel, or board shall issue a written decision identifying the basis
35for
the decision, including all facts in support of the decision,
36which shall be based upon substantial evidence relevant to the
37charges adduced at the formal hearing and shall not consist solely
38of hearsay evidence.
39
(v) Written notice of any decision to expel shall be sent by the
40charter school to the pupil or the pupil’s parent or guardian, or
P23 1the pupil’s educational rights holder if the pupil is a foster child
2or youth or a homeless child or youth, and shall include notice of
3the right to appeal the expulsion to the county board of education,
4as provided for in clause (vi), and notice of the educational
5placement to be provided to the pupil during the time of expulsion,
6as provided for in clause (viii).
7
(vi) A pupil may appeal the expulsion to the county board of
8education with jurisdiction in the county in which the charter
9school is located.
10
(vii) The charter school shall ensure no loss of instructional
11days for the pupil pending final determination of the expulsion,
12including an appeal, if one is filed, by providing the pupil access
13to educational programming.
14
(viii) Upon final determination to expel a pupil, the charter
15school shall ensure the pupil is provided access to educational
16programing until the charter school has confirmed the pupil has
17been provided a suitable educational placement.
18
(4) A pupil shall not be removed, involuntarily dismissed,
19disenrolled, or terminated from a charter school unless the charter
20school has complied with all of the procedures specified in
21subparagraph (B) of paragraph (3).
22
(5) Nothing in this section is intended to restrict or otherwise
23limit the rights
available to pupils in charter schools under other
24federal and state law. All such protections shall apply with full
25force and effect.
26(3)
end delete
27begin insert(6)end insert If a pupil is expelled or leaves the charter school without
28graduating or completing the school year for any reason, the charter
29school shall notify the superintendent of the school district of the
30pupil’s last known address within 30 days, and shall, upon request,
31provide that school district with a copy of the cumulative record
32of the pupil, including a transcript of grades or report card, and
33health information. This paragraph applies only to pupils subject
34to compulsory full-time education pursuant to
Section 48200.
35(e) The governing board of a school district shall not require an
36employee of the school district to be employed in a charter school.
37(f) The governing board of a school district shall not require a
38pupil enrolled in the school district to attend a charter school.
39(g) The governing board of a school district shall require that
40the petitioner or petitioners provide information regarding the
P24 1proposed operation and potential effects of the charter school,
2including, but not limited to, the facilities to be used by thebegin insert charterend insert
3 school, the manner in which administrative services of thebegin insert charterend insert
4
school are to be provided, and potential civil liability effects, if
5any, upon thebegin insert
charterend insert school and upon the school district. The
6description of the facilities to be used by the charter school shall
7specify where thebegin insert charterend insert school intends to locate. The petitioner
8or petitionersbegin delete shallend delete alsobegin insert shallend insert be required to provide financial
9statements that include a proposed first-year operational budget,
10including startup costs, and cashflow and financial projections for
11the first three years of operation.
12(h) In reviewing petitions for the establishment of charter
13schools within the school district, the governing board of the school
14district shall give preference to petitions that demonstrate the
15
capability to provide comprehensive learning experiences to pupils
16identified by the petitioner or petitioners as academically low
17achieving pursuant to the standards established by the department
18under Section 54032, as that section read before July 19, 2006.
19(i) Upon the approval of the petition by the governing board of
20the school district, the petitioner or petitioners shall provide written
21notice of that approval, including a copy of the petition, to the
22applicable county superintendent of schools, the department, and
23the state board.
24(j) (1) If the governing board of a school district denies a
25petition, the petitioner may elect to submit the petition for the
26establishment of a charter school to the county board of education.
27The county board of education shall review the petition pursuant
28to subdivision (b). If the petitioner elects to submit a petition
for
29establishment of a charter school to the county board of education
30and the county board of education denies the petition, the petitioner
31may file a petition for establishment of a charter school with the
32state board, and the state board may approve the petition, in
33accordance with subdivision (b). A charter school that receives
34approval of its petition from a county board of education or from
35the state board on appeal shall be subject to the same requirements
36concerning geographic location to which it would otherwise be
37subject if it received approval from the entity to which it originally
38submitted its petition. A charter petition that is submitted to either
39a county board of education or to the state board shall meet all
40otherwise applicable petition requirements, including the
P25 1identification of the proposed site or sites where the charter school
2will operate.
3(2) In assuming its role as a chartering agency, the state board
4shall develop
criteria to be used for the review and approval of
5charter school petitions presented to the state board. The criteria
6shall address all elements required for charter approval, as
7identified in subdivision (b), and shall define “reasonably
8begin delete comprehensive”end deletebegin insert comprehensive,end insertbegin insert”end insert as used in paragraph (5) of
9subdivisionbegin delete (b)end deletebegin insert (b),end insert in a way that is consistent with the intent of
10this part. Upon satisfactory completion of the criteria, the state
11board shall adopt the criteria on or before June 30, 2001.
12(3) A charter school for which a charter is granted by either the
13county board of education or the state board based on an appeal
14pursuant to this subdivision shall qualify fully as a charter school
15for all funding and other purposes of this part.
16(4) If either the county board of education or the state board
17fails to act on a petition within 120 days of receipt, the decision
18of the governing board of the school district to denybegin delete aend deletebegin insert theend insert petition
19shall be subject to judicial review.
20(5) The state board shall adopt regulations implementing this
21subdivision.
22(6) Upon the
approval of the petition by the county board of
23education, the petitioner or petitioners shall provide written notice
24of that approval, including a copy of thebegin delete petitionend deletebegin insert
petition,end insert to the
25department and the state board.
26(k) (1) The state board may, by mutual agreement, designate
27its supervisorial and oversight responsibilities for a charter school
28approved by the state board to any local educational agency in the
29county in which the charter school is located or to the governing
30board of the school district that first denied the petition.
31(2) The designated local educational agency shall have all
32monitoring and supervising authority of a chartering agency,
33including, but not limited to, powers and duties set forth in Section
3447607, except the power of revocation, which shall remain with
35the state board.
36(3) A charter school that is granted its charter through an appeal
37to the state board and elects to seek renewal of its
charter shall,
38before expiration of the charter, submit its petition for renewal to
39the governing board of the school district that initially denied the
40charter. If the governing board of the school district denies the
P26 1charter school’s petition for renewal, thebegin insert charterend insert school may
2petition the state board for renewal of its charter.
3(l) Teachers in charter schools shall hold a Commission on
4Teacher Credentialing certificate, permit, or other document
5equivalent to that which a teacher in other public schools would
6be required to hold. These documents shall be maintained on file
7at the charter school and are subject to periodic inspection by the
8chartering authority. It is the intent of the Legislature that charter
9schools be given flexibility with regard to noncore, noncollege
10preparatory courses.
11(m) A charter school shall transmit a copy of its annual,
12independent financial audit report for the preceding fiscal year, as
13described in subparagraph (I) of paragraph (5) of subdivision (b),
14to its chartering entity, the Controller, the county superintendent
15of schools of the county in which the charter school is sited, unless
16the county board of education of the county in which the charter
17school is sited is the chartering entity, and the department by
18December 15 of each year. This subdivision does not apply if the
19audit of the charter school is encompassed in the audit of the
20chartering entity pursuant to Section 41020.
21
(n) A charter school may encourage parental involvement, but
22shall notify the parents and guardians of applicant pupils and
23currently enrolled pupils that parental involvement is
not a
24requirement for acceptance to, or continued enrollment at, the
25charter school.
If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
O
92