SB 322, as amended, Leno. Charter schools: pupils: suspension and expulsion: admissions.
(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, and identifying the maximum length of time for which a pupil may be suspended. 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,begin delete andend deletebegin insert and,end insert 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 or her 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) This bill would state the intent of the Legislature in enacting its provisions, and would make other nonsubstantive changes.
begin insert(4) This bill would incorporate additional changes to Section 47605 of the Education Code proposed by SB 739 that would become operative if this bill and SB 739 are both enacted and this bill is enacted last.
end insert(4)
end deletebegin insert(5)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.
10(d) Consistent with
Section 5 of Article IX of the California
11Constitution, ensure that charter schools operate within the system
12of common schools by remaining “... free, nonsectarian and open
13to all students...,” as stated in Wilson v. State Board of Education
14(1999) 75 Cal.App.4th 1125, 1137-38.
15(e) Gather data on pupil turnover in the charter school
16environment.
Section 47605 of the Education Code is amended to
2read:
(a) (1) Except as set forth in paragraph (2), a petition
4for the establishment of a charter school within a school district
5may be circulated by one or more persons seeking to establish the
6charter school. A petition for the establishment of a charter school
7shall identify a single charter school that will operate within the
8geographic boundaries of that school district. A charter school
9may propose to operate at multiple sites within the school district
10if each location is identified in the charter school petition. The
11petition may be submitted to the governing board of the school
12district for review after either of the following conditions is met:
13(A) The petition is
signed by a number of parents or legal
14guardians of pupils that is equivalent to at least one-half of the
15number of pupils that the charter school estimates will enroll in
16the charter school for its first year of operation.
17(B) The petition is signed by a number of teachers that is
18equivalent to at least one-half of the number of teachers that the
19charter school estimates will be employed at the charter school
20during its first year of operation.
21(2) A petition that proposes to convert an existing public school
22to a charter school that would not be eligible for a loan pursuant
23to subdivision (c) of Section 41365 may be circulated by one or
24more persons seeking to establish the charter school. The petition
25may be submitted to the governing board of the school district for
26review
after the petition is signed by not less than 50 percent of
27the permanent status teachers currently employed at the public
28school to be converted.
29(3) A petition shall include a prominent statement that a
30signature on the petition means that the parent or legal guardian
31is meaningfully interested in having his or her child or ward attend
32the charter school, or in the case of a teacher’s signature, means
33that the teacher is meaningfully interested in teaching at the charter
34school. The proposed charter shall be attached to the petition.
35(4) After receiving approval of its petition, a charter school that
36proposes to establish operations at one or more additional sites
37shall request a material revision to its charter and shall notify the
38authority that granted its charter of those
additional locations. The
39authority that granted its charter shall consider whether to approve
40those additional locations at an open, public meeting. If the
P5 1additional locations are approved, there shall be a material revision
2to the charter school’s charter.
3(5) A charter school that is unable to locate within the
4jurisdiction of the chartering school district may establish one site
5outside the boundaries of the school district, but within the county
6in which that school district is located, if the school district within
7the jurisdiction of which the charter school proposes to operate is
8notified in advance of the charter petition approval, the county
9superintendent of schools and the Superintendent are notified of
10the location of the charter school before it commences operations,
11and either of the following circumstances exists:
12(A) The school has attempted to locate a single site or facility
13to house the entire program, but a site or facility is unavailable in
14the area in which the school chooses to locate.
15(B) The site is needed for temporary use during a construction
16or expansion project.
17(6) Commencing January 1, 2003, a petition to establish a charter
18school shall not be approved to serve pupils in a grade level that
19is not served by the school district of the governing board
20considering the petition, unless the petition proposes to serve pupils
21in all of the grade levels served by that school district.
22(b) No later than 30 days after receiving a petition, in accordance
23with
subdivision (a), the governing board of the school district
24shall hold a public hearing on the provisions of the charter, at
25which time the governing board of the school district shall consider
26the level of support for the petition by teachers employed by the
27school district, other employees of the school district, and parents.
28Following review of the petition and the public hearing, the
29governing board of the school district shall either grant or deny
30the charter within 60 days of receipt of the petition, provided,
31however, that the date may be extended by an additional 30 days
32if both parties agree to the extension. In reviewing petitions for
33the establishment of charter schools pursuant to this section, the
34chartering authority shall be guided by the intent of the Legislature
35that charter schools are and should become an integral part of the
36California educational system and that the establishment
of charter
37schools should be encouraged. The governing board of the school
38district shall grant a charter for the operation of a school under this
39part if it is satisfied that granting the charter is consistent with
40sound educational practice. The governing board of the school
P6 1district shall not deny a petition for the establishment of a charter
2school unless it makes written factual findings, specific to the
3particular petition, setting forth specific facts to support one or
4more of the following findings:
5(1) The charter school presents an unsound educational program
6for the pupils to be enrolled in the charter school.
7(2) The petitioners are demonstrably unlikely to successfully
8implement the program set forth in the petition.
9(3) The petition does not contain the number of signatures
10required by subdivision (a).
11(4) The petition does not contain an affirmation of each of the
12conditions described in subdivision (d).
13(5) The petition does not contain reasonably comprehensive
14descriptions of all of the following:
15(A) (i) The educational program of the charter school, designed,
16among other things, to identify those whom the charter school is
17attempting to educate, what it means to be an “educated person”
18in the 21st century, and how learning best occurs. The goals
19identified in that program shall include the objective of enabling
20pupils to become self-motivated, competent, and lifelong learners.
21(ii) The annual goals for the charter school for all pupils and
22for each subgroup of pupils identified pursuant to Section 52052,
23to be achieved in the state priorities, as described in subdivision
24(d) of Section 52060, that apply for the grade levels served, or the
25nature of the program operated, by the charter school, and specific
26annual actions to achieve those goals. A charter petition may
27identify additional school priorities, the goals for the school
28priorities, and the specific annual actions to achieve those goals.
29(iii) If the proposed charter school will serve high school pupils,
30the manner in which the charter school will inform parents about
31the transferability of courses to other public high schools and the
32eligibility of courses to meet college entrance requirements.
33Courses
offered by the charter school that are accredited by the
34Western Association of Schools and Colleges may be considered
35transferable and courses approved by the University of California
36or the California State University as creditable under the “A” to
37“G” admissions criteria may be considered to meet college entrance
38requirements.
39(B) The measurable pupil outcomes identified for use by the
40charter school. “Pupil outcomes,” for purposes of this part, means
P7 1the extent to which all pupils of the charter school demonstrate
2that they have attained the skills, knowledge, and attitudes specified
3as goals in the charter school’s educational program. Pupil
4outcomes shall include outcomes that address increases in pupil
5academic achievement both schoolwide and for all groups of pupils
6served by the charter school, as that term is defined in subparagraph
7(B)
of paragraph (3) of subdivision (a) of Section 47607. The pupil
8outcomes shall align with the state priorities, as described in
9subdivision (d) of Section 52060, that apply for the grade levels
10served, or the nature of the program operated, by the charter school.
11(C) The method by which pupil progress in meeting those pupil
12outcomes is to be measured. To the extent practicable, the method
13for measuring pupil outcomes for state priorities shall be consistent
14with the way information is reported on a school accountability
15report card.
16(D) The governance structure of the charter school, including,
17but not limited to, the process to be followed by the charter school
18to ensure parental involvement.
19(E) The qualifications to be
met by individuals to be employed
20by the charter school.
21(F) The procedures that the charter school will follow to ensure
22the health and safety of pupils and staff. These procedures shall
23include the requirement that each employee of the charter school
24furnish it with a criminal record summary as described in Section
2544237.
26(G) The means by which the charter school will achieve a racial
27and ethnic balance among its pupils that is reflective of the general
28population residing within the territorial jurisdiction of the school
29district to which the charter petition is submitted.
30(H) Admission policies and procedures, consistent with
31subdivision (d).
32(I) The manner in which annual, independent financial audits
33shall be conducted, which shall employ generally accepted
34accounting principles, and the manner in which audit exceptions
35and deficiencies shall be resolved to the satisfaction of the
36chartering authority.
37(J) The procedures by which pupils can be suspended or
38expelled, consistent with subdivision (d), which, at a minimum,
39shall also do the following:
P8 1(i) Identify a list of acts for which a pupil enrolled in the charter
2school may be suspended or expelled.
3(ii) Identify suspension and expulsion procedures, including the
4maximum length of time for which a pupil may be suspended. The
5procedures shall also accommodate the rights of pupils with
6disabilities,
consistent with federal law.
7(K) The manner by which staff members of the charter schools
8
will be covered by the State Teachers’ Retirement System, the
9Public Employees’ Retirement System, or federal social security.
10(L) The public school attendance alternatives for pupils residing
11within the school district who choose not to attend charter schools.
12(M) The rights of an employee of the school district upon
13leaving the employment of the school district to work in a charter
14school, and of any rights of return to the school district after
15employment at a charter school.
16(N) The procedures to be followed by the charter school and
17the entity granting the charter to resolve disputes relating to
18provisions of the charter.
19(O) The procedures to
be used if the charter school closes. The
20procedures shall ensure a final audit of the charter school to
21
determine the disposition of all assets and liabilities of the charter
22school, including plans for disposing of any net assets and for the
23maintenance and transfer of pupil records.
24(6) The petition does not contain a declaration of whether or
25not the charter school shall be deemed the exclusive public
26employer of the employees of the charter school for purposes of
27Chapter 10.7 (commencing with Section 3540) of Division 4 of
28Title 1 of the Government Code.
29(c) (1) Charter schools shall meet all statewide standards and
30conduct the pupil assessments required pursuant to Sections 60605
31and 60851 and any other statewide standards authorized in statute
32or pupil assessments applicable to pupils in noncharter public
33schools.
34(2) Charter schools shall, on a regular basis, consult with their
35parents, legal guardians, and teachers regarding the charter school’s
36educational programs.
37(d) (1) In addition to any other requirement imposed under this
38part, a charter school shall be nonsectarian in its programs,
39admission policies, employment practices, and all other operations,
40shall not charge tuition, and shall not discriminate against a pupil
P9 1on the basis of the characteristics listed in Section 220. Except as
2provided in paragraph (2), admission to a charter school shall not
3be determined according to the place of residence of the pupil, or
4of his or her parent or legal guardian, within this state, except that
5an existing public school converting partially or entirely to a charter
6school
under this part shall adopt and maintain a policy giving
7admission preference to pupils who reside within the former
8attendance area of that public school.
9(2) (A) A charter school shall admit all pupils who wish to
10attend the charter school.
11(B) If the number of pupils who wish to attend the charter school
12exceeds the charter school’s capacity, attendance, except for
13existing pupils of the charter school, shall be determined by a
14public random drawing. Preference shall be extended to pupils
15currently attending the charter school and pupils who reside in the
16school district except as provided for in Section 47614.5.
17
Additionally, other preferences may be permitted by the chartering
18authority on an individual charter school basis, in accordance with
19all of the following:
20(i) Each type of preference shall be approved by the charter
21school at a public hearing.
22(ii) Preferences shall be consistent with federal law, the
23California Constitution, and Section 200.
24(iii) Preferences shall not result in limiting enrollment access
25for pupils with disabilities, academically low-achieving pupils,
26English learners, neglected or delinquent pupils, homeless pupils,
27or pupils who are economically disadvantaged, as determined by
28eligibility for any free or reduced-price meal program.
29(iv) In accordance with Section 49011, preferences shall not
30require mandatory parental volunteer hours as a criterion for
31admission or continued enrollment.
32(C) In the event of a drawing, the chartering authority shall
33make reasonable efforts to accommodate the growth of the charter
34school and shall not take any action to impede the charter school
35from expanding enrollment to meet pupil demand.
36(3) Charter school suspension and expulsion procedures shall
37meet the following minimum requirements:
38(A) The procedures shall comply with federal and state
39constitutional due process requirements, which include providing
40notice and an opportunity to be heard.
P10 1(B) For expulsions, the procedures shall ensure all of the
2following:
3(i) The pupil is entitled to a formal hearing to determine if the
4pupil shall be expelled.
5(ii) The pupil shall be provided written notice of the hearing,
6which, at a minimum, shall identify the date and place of the
7hearing, a statement of the specific facts and charges upon which
8the proposed expulsion is based, a copy of the disciplinary rules
9that relate to the alleged violation, and notice of the procedures
10that will govern the hearing, including those specified in clause
11(iii).
12(iii) At the hearing, the pupil or the pupil’s parent or guardian,
13or the pupil’s educational rights holder if the pupil is a foster child
14or youth or a
homeless child or youth, has a right to appear in
15person or to be represented by an attorney licensed to practice law
16in California or by a nonattorney adviser, to inspect and obtain
17copies of all documents to be used at the hearing, to confront and
18question all witnesses who testify at the hearing, to question all
19other evidence presented, and to present oral and documentary
20evidence on the pupil’s behalf, including through witnesses. A
21record of the hearing shall be made so that a reasonably accurate
22and complete written transcription of the proceedings can be made.
23(iv) If the individual, panel, or board conducting the formal
24hearing determines that the pupil shall be expelled, the individual,
25panel, or board shall issue a written decision identifying the basis
26for the decision, including all facts in support of the decision,
27which shall
be based upon substantial evidence relevant to the
28charges adduced at the formal hearing and shall not consist solely
29of hearsay evidence.
30(v) Written notice of any decision to expel shall be sent by the
31charter school to the pupil or the pupil’s parent or guardian, or the
32pupil’s educational rights holder if the pupil is a foster child or
33youth or a homeless child or youth, and shall include notice of the
34right to appeal the expulsion to the county board of education, as
35provided for in clause (vi), and notice of the educational placement
36to be provided to the pupil during the time of expulsion, as
37provided for in clause (viii).
38(vi) A pupil may appeal the expulsion to the county board of
39education with jurisdiction in the county in which the charter school
40is located.
P11 1(vii) The charter school shall ensure no loss of instructional
2days for the pupil pending final determination of the expulsion,
3including an appeal, if one is filed, by providing the pupil access
4to educational programming.
5(viii) Upon final determination to expel a pupil, the charter
6school shall ensure the pupil is provided access to educational
7programing until the charter school has confirmed the pupil has
8been provided a suitable educational placement.
9(4) A pupil shall not be removed, involuntarily dismissed,
10disenrolled, or terminated from a charter school unless the charter
11school has complied with all of the procedures specified in
12subparagraph (B) of paragraph (3).
13(5) Nothing in this section is intended to restrict or otherwise
14limit the rights available to pupils in charter schools under other
15federal and state law. All such protections shall apply with full
16force and effect.
17(6) If a pupil is expelled or leaves the charter school without
18graduating or completing the school year for any reason, the charter
19school shall notify the superintendent of the school district of the
20pupil’s last known address within 30 days, and shall, upon request,
21provide that school district with a copy of the cumulative record
22of the pupil, including a transcript of grades or report card, and
23health information. This paragraph applies only to pupils subject
24to compulsory full-time education pursuant to Section 48200.
25(e) The governing board of a school
district shall not require an
26employee of the school district to be employed in a charter school.
27(f) The governing board of a school district shall not require a
28pupil enrolled in the school district to attend a charter school.
29(g) The governing board of a school district shall require that
30the petitioner or petitioners provide information regarding the
31proposed operation and potential effects of the charter school,
32including, but not limited to, the facilities to be used by the charter
33school, the manner in which administrative services of the charter
34
school are to be provided, and potential civil liability effects, if
35any, upon the charter school and upon the school district. The
36description of the facilities to be used by the charter school shall
37specify where the charter school intends to locate. The petitioner
38or petitioners also shall be required to provide financial statements
39that include a proposed first-year operational budget, including
P12 1startup costs, and cashflow and financial projections for the first
2three years of operation.
3(h) In reviewing petitions for the establishment of charter
4schools within the school district, the governing board of the school
5district shall give preference to petitions that demonstrate the
6
capability to provide comprehensive learning experiences to pupils
7identified by the petitioner or petitioners as academically low
8achieving pursuant to the standards established by the department
9under Section 54032, as that section read before July 19, 2006.
10(i) Upon the approval of the petition by the governing board of
11the school district, the petitioner or petitioners shall provide written
12notice of that approval, including a copy of the petition, to the
13applicable county superintendent of schools, the department, and
14the state board.
15(j) (1) If the governing board of a school district denies a
16petition, the petitioner may elect to submit the petition for the
17establishment of a charter school to the county board of education.
18The county board
of education shall review the petition pursuant
19to subdivision (b). If the petitioner elects to submit a petition for
20establishment of a charter school to the county board of education
21and the county board of education denies the petition, the petitioner
22may file a petition for establishment of a charter school with the
23state board, and the state board may approve the petition, in
24accordance with subdivision (b). A charter school that receives
25approval of its petition from a county board of education or from
26the state board on appeal shall be subject to the same requirements
27concerning geographic location to which it would otherwise be
28subject if it received approval from the entity to which it originally
29submitted its petition. A charter petition that is submitted to either
30a county board of education or to the state board shall meet all
31otherwise applicable petition requirements, including the
32identification
of the proposed site or sites where the charter school
33will operate.
34(2) In assuming its role as a chartering agency, the state board
35shall develop criteria to be used for the review and approval of
36charter school petitions presented to the state board. The criteria
37shall address all elements required for charter approval, as
38identified in subdivision (b), and shall define “reasonably
39comprehensive,” as used in paragraph (5) of subdivision (b), in a
40way that is consistent with the intent of this part. Upon satisfactory
P13 1completion of the criteria, the state board shall adopt the criteria
2on or before June 30, 2001.
3(3) A charter school for which a charter is granted by either the
4county board of education or the state board based on an appeal
5pursuant to this subdivision shall qualify
fully as a charter school
6for all funding and other purposes of this part.
7(4) If either the county board of education or the state board
8fails to act on a petition within 120 days of receipt, the decision
9of the governing board of the school district to deny the petition
10shall be subject to judicial review.
11(5) The state board shall adopt regulations implementing this
12subdivision.
13(6) Upon the approval of the petition by the county board of
14education, the petitioner or petitioners shall provide written notice
15of that approval, including a copy of the petition, to the department
16and the state board.
17(k) (1) The state board may, by mutual
agreement, designate
18its supervisorial and oversight responsibilities for a charter school
19approved by the state board to any local educational agency in the
20county in which the charter school is located or to the governing
21board of the school district that first denied the petition.
22(2) The designated local educational agency shall have all
23monitoring and supervising authority of a chartering agency,
24including, but not limited to, powers and duties set forth in Section
2547607, except the power of revocation, which shall remain with
26the state board.
27(3) A charter school that is granted its charter through an appeal
28to the state board and elects to seek renewal of its charter shall,
29before expiration of the charter, submit its petition for renewal to
30the governing board of the
school district that initially denied the
31charter. If the governing board of the school district denies the
32charter school’s petition for renewal, the charter school may
33petition the state board for renewal of its charter.
34(l) Teachers in charter schools shall hold a Commission on
35Teacher Credentialing certificate, permit, or other document
36equivalent to that which a teacher in other public schools would
37be required to hold. These documents shall be maintained on file
38at the charter school and are subject to periodic inspection by the
39chartering authority. It is the intent of the Legislature that charter
P14 1schools be given flexibility with regard to noncore, noncollege
2preparatory courses.
3(m) A charter school shall transmit a copy of its annual,
4independent financial audit
report for the preceding fiscal year, as
5described in subparagraph (I) of paragraph (5) of subdivision (b),
6to its chartering entity, the Controller, the county superintendent
7of schools of the county in which the charter school is sited, unless
8the county board of education of the county in which the charter
9school is sited is the chartering entity, and the department by
10December 15 of each year. This subdivision does not apply if the
11audit of the charter school is encompassed in the audit of the
12chartering entity pursuant to Section 41020.
13(n) A charter school may encourage parental involvement, but
14shall notify the parents and guardians of applicant pupils and
15currently enrolled pupils that parental involvement is not a
16requirement for acceptance to, or continued enrollment at, the
17charter school.
begin insertSection 47605 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
19read:end insert
(a) (1) Except as set forth in paragraph (2), a petition
21for the establishment of a charter school within a school district
22may be circulated by one or more persons seeking to establish the
23charter school. A petition for the establishment of a charter school
24shall identify a single charter school that will operate within the
25geographic boundaries of that school district. A charter school
26may propose to operate at multiple sites within the school district
27if each location is identified in the charter school petition. The
28petition may be submitted to the governing board of the school
29district for review after either of the following conditions is met:
30(A) The petition is signed by a number of parents or legal
31guardians of pupils that is
equivalent to at least one-half of the
32number of pupils that the charter school estimates will enroll in
33thebegin insert charterend insert school for its first year of operation.
34(B) The petition is signed by a number of teachers that is
35equivalent to at least one-half of the number of teachers that the
36charter school estimates will be employed at thebegin insert charterend insert school
37during its first year of operation.
38(2) A petition that proposes to convert an existing public school
39to a charter school that would not be eligible for a loan pursuant
40to subdivision (c) of Section 41365 may be circulated by one or
P15 1more persons seeking to establish the charter school. The petition
2may be submitted to the
governing board of the school district for
3review after the petition is signed by not less than 50 percent of
4the permanent status teachers currently employed at the public
5school to be converted.
6(3) A petition shall include a prominent statement that a
7signature on the petition means that the parent or legal guardian
8is meaningfully interested in having his or her child or ward attend
9the charter school, or in the case of a teacher’s signature, means
10that the teacher is meaningfully interested in teaching at the charter
11school. The proposed charter shall be attached to the petition.
12(4) After receiving approval of its petition, a charter school that
13proposes to establish operations at one or more additional sites
14shall request a material revision to its charter and shall notify the
15authority that granted its charter of those additional locations. The
16authority that granted its
charter shall consider whether to approve
17those additional locations at an open, public meeting. If the
18additional locations are approved,begin delete theyend deletebegin insert
thereend insert shall be a material
19revision to the charter school’s charter.
20(5) begin insert(A)end insertbegin insert end insertA charter school that is unable to locate within the
21jurisdiction of the chartering school district may establish one site
22outside the boundaries of the school district, but within the county
23in which that school district is located, if the school district within
24the jurisdiction of which the charter school proposes to operate is
25notified in advance of the charter petition approval, the county
26superintendent of schools and the Superintendent are notified of
27the location of the charter school before it commences operations,
28and either of the following circumstances exists:
29(A)
end delete
30begin insert(i)end insert Thebegin insert charterend insert school has attempted to locate a single site or
31facility to house the entire program, but a site or facility is
32unavailable in the area in which thebegin insert charterend insert school chooses to
33locate.
34(B)
end delete
35begin insert(ii)end insert The site is needed for temporary use during a construction
36or expansion project.
37
(B) Notwithstanding subparagraph (A), the governing board of
38a school district shall not authorize new charter schools to locate
39outside the boundaries of the school district if the school district
P16 1is assigned a negative certification pursuant to paragraph (1) of
2subdivision (a) of Section 42131.
3(6) Commencing January 1, 2003, a petition to establish a charter
4schoolbegin delete mayend deletebegin insert shallend insert not be approved to serve pupils in a grade level
5that is not served by the school district of the governing board
6considering the petition, unless the petition proposes to serve pupils
7in all of the grade levels served by that school district.
8(b) No later than 30 days after receiving a petition, in accordance
9with subdivision (a), the governing board of the school district
10shall hold a public hearing on the provisions of the charter, at
11which time the governing board of the school district shall consider
12the level of support for the petition by teachers employed by the
13school district, other employees of the school district, and parents.
14Following review of the petition and the public hearing, the
15governing board of the school district shall either grant or deny
16the charter within 60 days of receipt of the petition, provided,
17however, that the date may be extended by an additional 30 days
18if both parties agree to the extension. In reviewing petitions for
19the establishment of charter schools pursuant to this section, the
20chartering authority shall be guided by the intent of the Legislature
21that charter schools are and should become an integral part of the
22California educational system
and that the establishment of charter
23schools should be encouraged. The governing board of the school
24district shall grant a charter for the operation of abegin insert charterend insert school
25under this part if it is satisfied that granting the charter is consistent
26with sound educational practice. The governing board of the school
27district shall not deny a petition for the establishment of a charter
28school unless it makes written factual findings, specific to the
29particular petition, setting forth specific facts to support one or
30more of the following findings:
31(1) The charter school presents an unsound educational program
32for the pupils to be enrolled in the charter school.
33(2) The petitioners are demonstrably unlikely to successfully
34implement the program set forth in the petition.
35(3) The petition does not contain the number of signatures
36required by subdivision (a).
37(4) The petition does not contain an affirmation of each of the
38conditions described in subdivision (d).
39(5) The petition does not contain reasonably comprehensive
40descriptions of all of the following:
P17 1(A) (i) The educational program of the charter school, designed,
2among other things, to identify those whom the charter school is
3attempting to educate, what it means to be an “educated person”
4in the 21st century, and how learning best occurs. The goals
5identified in that program shall include the objective of enabling
6pupils to become self-motivated, competent, and lifelong learners.
7(ii) The annual goals for the charter school for all pupils and
8for each subgroup of pupils identified pursuant to Section 52052,
9to be achieved in the state priorities, as described in subdivision
10(d) of Section 52060, that apply for the grade levels served, or the
11nature of the program operated, by the charter school, and specific
12annual actions to achieve those goals. A charter petition may
13identify additional school priorities, the goals for the school
14priorities, and the specific annual actions to achieve those goals.
15(iii) If the proposed charter school will serve high school pupils,
16the manner in which the charter school will inform parents about
17the transferability of courses to other public high schools and the
18eligibility of courses to meet college entrance requirements.
19Courses offered by the charter school that are accredited by the
20Western Association of Schools and Colleges may be considered
21transferable and courses
approved by the University of California
22or the California State University as creditable under thebegin delete “A” to begin insert “A to G”end insert admissions criteria may be considered to meet
23“G”end delete
24college entrance requirements.
25(B) The measurable pupil outcomes identified for use by the
26charter school. “Pupil outcomes,” for purposes of this part, means
27the extent to which all pupils of thebegin insert charterend insert school demonstrate
28that they have attained the skills, knowledge, and attitudes specified
29as goals in thebegin insert
charterend insert school’s educational program. Pupil
30outcomes shall include outcomes that address increases in pupil
31academic achievement both schoolwide and for all groups of pupils
32served by the charter school, as that term is defined in subparagraph
33(B) of paragraph (3) of subdivision (a) of Section 47607. The pupil
34outcomes shall align with the state priorities, as described in
35subdivision (d) of Section 52060, that apply for the grade levels
36served, or the nature of the program operated, by the charter school.
37(C) The method by which pupil progress in meeting those pupil
38outcomes is to be measured. To the extent practicable, the method
39for measuring pupil outcomes for state priorities shall be consistent
P18 1with the way information is reported on a school accountability
2report card.
3(D) The governance structure of the charter school, including,
4
but not limited to, the process to be followed by the charter school
5to ensure parental involvement.
6(E) The qualifications to be met by individuals to be employed
7by the charter school.
8(F) The procedures that the charter school will follow to ensure
9the health and safety of pupils and staff. These procedures shall
10include the requirement that each employee of the charter school
11furnish it with a criminal record summary as described in Section
1244237.
13(G) The means by which thebegin insert charterend insert school will achieve a racial
14and ethnic balance among its pupils that is reflective of the general
15population residing within the territorial jurisdiction of the school
16district to which the charter petition is submitted.
17(H) Admissionbegin delete requirements, if applicable.end deletebegin insert policies and
18procedures, consistent with subdivision (d).end insert
19(I) The manner in which annual, independent financial audits
20shall be conducted, which shall employ generally accepted
21accounting principles, and the manner in which audit exceptions
22and deficiencies shall be resolved to the satisfaction of the
23chartering authority.
24(J) The procedures by which pupils can be suspended or
25
begin delete expelled.end deletebegin insert expelled, consistent with subdivision
(d), which, at a
26minimum, shall also do the following:end insert
27
(i) Identify a list of acts for which a pupil enrolled in the charter
28school may be suspended or expelled.
29
(ii) Identify suspension and expulsion procedures, including the
30maximum length of time for which a pupil may be suspended. The
31procedures shall also accommodate the rights of pupils with
32disabilities, consistent with federal law.
33(K) The manner by which staff members of the charter schools
34will be covered by the State Teachers’ Retirement System, the
35Public Employees’ Retirement System, or federal social security.
36(L) The public school attendance alternatives for pupils residing
37within the school district who choose not to attend charter schools.
38(M) The rights of an employee of the school district upon
39leaving the employment of the school district to work in a charter
P19 1school, and of any rights of return to the school district after
2employment at a charter school.
3(N) The procedures to be followed by the charter school and
4the entity granting the charter to resolve disputes relating to
5provisions of the charter.
6(O) The procedures to be used if the charter school closes. The
7procedures shall ensure a final audit of the charter school to
8determine the disposition of all assets and liabilities of the charter
9school, including plans for disposing of any net assets and
for the
10maintenance and transfer of pupil records.
11(6) The petition does not contain a declaration of whether or
12not the charter school shall be deemed the exclusive public
13employer of the employees of the charter school for purposes of
14Chapter 10.7 (commencing with Section 3540) of Division 4 of
15Title 1 of the Government Code.
16(c) (1) Charter schools shall meet all statewide standards and
17conduct the pupil assessments required pursuant to Sections 60605
18and 60851 and any other statewide standards authorized in statute
19or pupil assessments applicable to pupils in noncharter public
20schools.
21(2) Charter schools shall, on a regular basis, consult with their
22parents, legal guardians, and teachers regarding the charter school’s
23educational programs.
24(d) (1) In addition to any other requirement imposed under this
25part, a charter school shall be nonsectarian in its programs,
26admission policies, employment practices, and all other operations,
27shall not charge tuition, and shall not discriminate against a pupil
28on the basis of the characteristics listed in Section 220. Except as
29provided in paragraph (2), admission to a charter school shall not
30be determined according to the place of residence of the pupil, or
31of his or her parent or legal guardian, within this state, except that
32an existing public school converting partially or entirely to a charter
33school under this part shall adopt and maintain a policy giving
34admission preference to pupils who reside within the former
35attendance area of that public school.
36(2) (A) A charter school shall admit all pupils who wish to
37attend thebegin insert
charterend insert
school.
38(B) If the number of pupils who wish to attend thebegin insert charterend insert school
39exceeds the charter school’s capacity, attendance, except for
40existing pupils of the charter school, shall be determined by a
P20 1public random drawing. Preference shall be extended to pupils
2currently attending the charter school and pupils who reside in the
3begin insert schoolend insert district except as provided for in Section 47614.5.begin delete Otherend delete
4begin insert Additionally, otherend insert preferences may be permitted by the chartering
5authority on an individualbegin delete school basis and only if consistent with begin insert
charter school basis, in accordance with all of the
6the law.end delete
7following:end insert
8
(i) Each type of preference shall be approved by the charter
9school at a public hearing.
10
(ii) Preferences shall be consistent with federal law, the
11California Constitution, and Section 200.
12
(iii) Preferences shall not result in limiting enrollment access
13for pupils with disabilities, academically low-achieving pupils,
14English learners, neglected or delinquent pupils, homeless pupils,
15or pupils who are economically disadvantaged, as determined by
16eligibility for any free or reduced-price meal program.
17
(iv) In accordance with Section 49011, preferences shall not
18require mandatory parental volunteer hours as a criterion for
19admission or continued enrollment.
20(C) In the event of a drawing, the chartering authority shall
21make reasonable efforts to accommodate the growth of the charter
22school and shall not take any action to impede the charter school
23from expanding enrollment to meet pupil demand.
24
(3) Charter school suspension and expulsion procedures shall
25meet the following minimum requirements:
26
(A) The procedures shall comply with federal and state
27constitutional due process requirements,
which include providing
28notice and an opportunity to be heard.
29
(B) For expulsions, the procedures shall ensure all of the
30following:
31
(i) The pupil is entitled to a formal hearing to determine if the
32pupil shall be expelled.
33
(ii) The pupil shall be provided written notice of the hearing,
34which, at a minimum, shall identify the date and place of the
35hearing, a statement of the specific facts and charges upon which
36the proposed expulsion is based, a copy of the disciplinary rules
37that relate to the alleged violation, and notice of the procedures
38that will govern the hearing, including those specified in clause
39(iii).
P21 1
(iii) At the hearing, the
pupil or the pupil’s parent or guardian,
2or the pupil’s educational rights holder if the pupil is a foster child
3or youth or a homeless child or youth, has a right to appear in
4person or to be represented by an attorney licensed to practice
5law in California or by a nonattorney adviser, to inspect and obtain
6copies of all documents to be used at the hearing, to confront and
7question all witnesses who testify at the hearing, to question all
8other evidence presented, and to present oral and documentary
9evidence on the pupil’s behalf, including through witnesses. A
10record of the hearing shall be made so that a reasonably accurate
11and complete written transcription of the proceedings can be made.
12
(iv) If the individual, panel, or board conducting the formal
13hearing determines that the pupil shall be expelled, the individual,
14panel, or board shall issue a written decision identifying the basis
15for the decision, including
all facts in support of the decision,
16which shall be based upon substantial evidence relevant to the
17charges adduced at the formal hearing and shall not consist solely
18of hearsay evidence.
19
(v) Written notice of any decision to expel shall be sent by the
20charter school to the pupil or the pupil’s parent or guardian, or
21the pupil’s educational rights holder if the pupil is a foster child
22or youth or a homeless child or youth, and shall include notice of
23the right to appeal the expulsion to the county board of education,
24as provided for in clause (vi), and notice of the educational
25placement to be provided to the pupil during the time of expulsion,
26as provided for in clause (viii).
27
(vi) A pupil may appeal the expulsion to the county board of
28education with jurisdiction in the county in which the charter
29school is located.
30
(vii) The charter school shall ensure no loss of instructional
31days for the pupil pending final determination of the expulsion,
32including an appeal, if one is filed, by providing the pupil access
33to educational programming.
34
(viii) Upon final determination to expel a pupil, the charter
35school shall ensure the pupil is provided access to educational
36programing until the charter school has confirmed the pupil has
37been provided a suitable educational placement.
38
(4) A pupil shall not be removed, involuntarily dismissed,
39disenrolled, or terminated from a charter school unless the charter
P22 1school has complied with all of the procedures specified in
2subparagraph (B) of paragraph (3).
3
(5) Nothing in this section is intended to restrict or otherwise
4limit the rights available to pupils in charter schools under other
5federal and state law. All such protections shall apply with full
6force and effect.
7(3)
end delete
8begin insert(6)end insert If a pupil is expelled or leaves the charter school without
9 graduating or completing the school year for any reason, the charter
10school shall notify the superintendent of the school district of the
11pupil’s last known address within 30 days, and shall, upon request,
12provide that school district with a copy of the cumulative record
13of the pupil, including a transcript of grades or report
card, and
14health information. This paragraph applies only to pupils subject
15to compulsory full-time education pursuant to Section 48200.
16(e) The governing board of a school district shall not require an
17employee of the school district to be employed in a charter school.
18(f) The governing board of a school district shall not require a
19pupil enrolled in the school district to attend a charter school.
20(g) The governing board of a school district shall require that
21the petitioner or petitioners provide information regarding the
22proposed operation and potential effects of the charter school,
23including, but not limited to, the facilities to be used by thebegin insert
charterend insert
24 school, the manner in which administrative services of thebegin insert
charterend insert
25 school are to be provided, and potential civil liability effects, if
26any, upon thebegin insert charterend insert school and upon the school district. The
27description of the facilities to be used by the charter school shall
28specify where thebegin insert charterend insert school intends to locate. The petitioner
29or petitionersbegin delete shallend delete alsobegin insert
shallend insert be required to provide financial
30statements that include a proposed first-year operational budget,
31including startup costs, and cashflow and financial projections for
32the first three years of operation.
33(h) In reviewing petitions for the establishment of charter
34schools within the school district, the governing board of the school
35district shall give preference to petitions that demonstrate the
36capability to provide comprehensive learning experiences to pupils
37identified by the petitioner or petitioners as academically low
38achieving pursuant to the standards established by the department
39under Section 54032, as that section read before July 19, 2006.
P23 1(i) Upon the approval of the petition by the governing board of
2the school district, the petitioner or petitioners shall provide written
3notice of that approval, including a copy of the
petition, to the
4applicable county superintendent of schools, the department, and
5the state board.
6(j) (1) If the governing board of a school district denies a
7petition, the petitioner may elect to submit the petition for the
8establishment of a charter school to the county board of education.
9The county board of education shall review the petition pursuant
10to subdivision (b). If the petitioner elects to submit a petition for
11establishment of a charter school to the county board of education
12and the county board of education denies the petition, the petitioner
13may file a petition for establishment of a charter school with the
14state board, and the state board may approve the petition, in
15accordance with subdivision (b). A charter school that receives
16approval of its petition from a county board of education or from
17the state board on appeal shall be subject to the same requirements
18concerning geographic location to which it
would otherwise be
19subject if it received approval from the entity to which it originally
20 submitted its petition. A charter petition that is submitted to either
21a county board of education or to the state board shall meet all
22otherwise applicable petition requirements, including the
23identification of the proposed site or sites where the charter school
24will operate.
25(2) In assuming its role as a chartering agency, the state board
26shall develop criteria to be used for the review and approval of
27charter school petitions presented to the state board. The criteria
28shall address all elements required for charter approval, as
29identified in subdivision (b), and shall define “reasonably
30begin delete comprehensive”end deletebegin insert comprehensive,”end insert
as used in paragraph (5) of
31subdivisionbegin delete (b)end deletebegin insert
(b),end insert in a way that is consistent with the intent of
32this part. Upon satisfactory completion of the criteria, the state
33board shall adopt the criteria on or before June 30, 2001.
34(3) A charter school for which a charter is granted by either the
35county board of education or the state board based on an appeal
36pursuant to this subdivision shall qualify fully as a charter school
37for all funding and other purposes of this part.
38(4) If either the county board of education or the state board
39fails to act on a petition within 120 days of receipt, the decision
P24 1of the governing board of the school district to denybegin delete aend deletebegin insert theend insert petition
2shall be subject to judicial
review.
3(5) The state board shall adopt regulations implementing this
4subdivision.
5(6) Upon the approval of the petition by the county board of
6education, the petitioner or petitioners shall provide written notice
7of that approval, including a copy of thebegin delete petitionend deletebegin insert petition,end insert to the
8department and the state board.
9(k) (1) The state board may, by mutual agreement, designate
10its supervisorial and oversight responsibilities for a charter school
11approved by the state board to any local educational agency in the
12county in which the charter school is located or to the governing
13board of the school district that
first denied the petition.
14(2) The designated local educational agency shall have all
15monitoring and supervising authority of a chartering agency,
16including, but not limited to, powers and duties set forth in Section
1747607, except the power of revocation, which shall remain with
18the state board.
19(3) A charter school that is granted its charter through an appeal
20to the state board and elects to seek renewal of its charter shall,
21before expiration of the charter, submit its petition for renewal to
22the governing board of the school district that initially denied the
23charter. If the governing board of the school district denies the
24charter school’s petition for renewal, thebegin insert charterend insert school may
25petition the state board for renewal of its charter.
26(l) Teachers in charter schools shall hold a Commission on
27Teacher Credentialing certificate, permit, or other document
28equivalent to that which a teacher in other public schools would
29be required to hold. These documents shall be maintained on file
30at the charter school and are subject to periodic inspection by the
31chartering authority. It is the intent of the Legislature that charter
32schools be given flexibility with regard to noncore, noncollege
33preparatory courses.
34(m) A charter school shall transmit a copy of its annual,
35independent financial audit report for the preceding fiscal year, as
36described in subparagraph (I) of paragraph (5) of subdivision (b),
37to its chartering entity, the Controller, the county superintendent
38of schools of the county in which the charter school is sited, unless
39the county board of education of the county in which the charter
40school is sited is
the chartering entity, and the department by
P25 1December 15 of each year. This subdivision does not apply if the
2audit of the charter school is encompassed in the audit of the
3chartering entity pursuant to Section 41020.
4
(n) A charter school may encourage parental involvement, but
5shall notify the parents and guardians of applicant pupils and
6currently enrolled pupils that parental involvement is not a
7requirement for acceptance to, or continued enrollment at, the
8charter school.
Section 2.5 of this bill incorporates amendments to
10Section 47605 of the Education Code proposed by both this bill
11and Senate Bill 739. It shall only become operative if (1) both bills
12are enacted and become effective on or before January 1, 2017,
13(2) each bill amends Section 47605 of the Education Code, and
14(3) this bill is enacted after Senate Bill 739, in which case Section
152 of this bill shall not become operative.
If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.
O
91