BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 322|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 322
          Author:   Leno (D)
          Amended:  6/1/15  
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  7-2, 4/22/15
           AYES:  Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
           NOES:  Runner, Vidak

           SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Charter schools:  pupils:  suspension and expulsion:  
                      admissions:  departures


          SOURCE:    American Civil Liberties Union
                     California Federation of Teachers
                     California School Employees Association
                     California Teachers Association 

          
          DIGEST:   This bill modifies the existing charter school  
          admissions requirements and also creates additional pupil  
          suspension and expulsion provisions for charter schools.   
          Additionally, this bill requires a charter school, upon a  
          student's expulsion or departure, to report the reason within 30  
          days.

          ANALYSIS: 
          
          Existing law:








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          1)Provides for the establishment of charter schools in  
            California for the purpose, among other things, to improve  
            student learning and expand learning experiences for pupils  
            who are identified as academically low achieving, by a school  
            district, a county board of education, or the State Board of  
            Education.  

          2)Exempts charter schools from many of the statutes and  
            regulations that apply to schools and school districts, except  
            where specifically noted otherwise.  

          3)Requires that charter schools:  

             a)   Are nonsectarian in their programs, admission policies,  
               employment practices, and all other operations; 

             b)   Not charge tuition; and 

             c)   Not discriminate against any pupil on the basis of the  
               characteristics, as specified.  

          4)Provides that admission to a charter school may not be  
            determined according to the place of residence of the pupil,  
            or of his or her parent or legal guardian, within the state,  
            except that an existing public school converting to a charter  
            school must adopt and maintain a policy giving admissions  
            preference to pupils who reside within the former attendance  
            area of that public school.

          5)Requires the charter school, if a pupil is expelled or leaves  
            the charter school without graduating or completing the school  
            year for any reason, to notify the superintendent of the  
            school district of the pupil's last known address within 30  
            days, and upon request, provide that school district with a  
            copy of the cumulative record of the pupil, including a  
            transcript of grades or report card, and health information.  

          This bill:

          1)Adds the intent of the Legislature to do all of the following:

             a)   Ensure equal access to interested pupils at charter  
               schools and prohibit practices that discourage enrollment  







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               or disproportionately push out segments of already enrolled  
               pupils.  

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

             c)   Ensure that a pupil's constitutional right to due  
               process is protected at charter schools.

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

          1)Authorizes a chartering authority to permit admission  
            preferences on an individual school basis, in the event a  
            public random drawing is necessary, provided that the  
            preferences:  

             a)   Are approved in a public meeting; 

             b)   Ensure students with disabilities, academically  
               low-achieving pupils, English learners, and low-income  
               students who are eligible for free or reduced price meals  
               will be served;

             c)   Are consistent with federal law and the California  
               Constitution; and 

             d)   Do not require mandatory parental volunteer hours as a  
               criterion for admission or continued enrollment. 

          1)Requires a charter school, upon a student's expulsion or  
            departure, to report the reason for the expulsion or departure  
            to the superintendent of the school district of the pupil's  
            last known address within 30 days.

          2)Provides that a charter school's suspension and expulsion  
            procedures shall meet the following minimum requirements:

             a)   The procedures shall meet the constitutional due process  
               requirement of providing notice and an opportunity to be  







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               heard before restricting a pupil's legitimate entitlement  
               to public education.

             b)   For expulsions, the procedures shall ensure all of the  
               following:

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

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

            iii)   At least 10 days before the proposed hearing date, the  
                 pupil is provided written notice of the hearing, which,  
                 at a minimum, identifies the date and place of the  
                 hearing, the specific facts and charges upon which the  
                 proposed expulsion is based, the disciplinary rules that  
                 relate to the alleged violation, and the procedures that  
                 will govern the hearing.

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

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

          1)Provides that unless a charter school has adopted procedures  
            for the expulsion of pupils that are consistent with the  
            provisions specified above and follows those procedures, a  
            pupil's departure from the charter school shall not be  
            considered as an expulsion, as specified.







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          Background

          According to the California Department of Education, there were  
          over 1,100 charter schools with an enrollment of approximately  
          514,000 pupils operating in the state in 2013-14.  Parents,  
          teachers, or community members may initiate a charter petition,  
          which is typically presented to and approved by a local school  
          district governing board.  Existing state law allows, under  
          certain circumstances, for county boards of education and the  
          State Board of Education to authorize charter schools.  The  
          specific goals for a charter school are detailed in the  
          agreement between the authorizing entity and the charter  
          developer.  The charter petition is also required to include a  
          description of the educational program of the school and several  
          other policies and procedures relating to employees, pupils, and  
          finances.  Existing state law establishes procedures for the  
          renewal of charter schools, not to exceed five years.

          Charter schools are exempt from most state laws governing school  
          districts and schools in order to allow the charter school the  
          flexibility to innovate and be responsive to the educational  
          needs of the student population served.  Charter schools are  
          required however, to have credentialed teachers in core and  
          college preparatory courses, meet statewide standards, and  
          consult with parents, guardians, and teachers regarding the  
          school's programs.  

          Charter schools establish their own student discipline  
          procedures and articulate those procedures in their charter  
          petition.  School districts, as charter authorizers, are  
          responsible for ensuring that the suspension and expulsion  
          procedures described in the charter are reasonably  
          comprehensive.  
          
          Comments

          Need for the bill.  According to the author's office, "some  
          charter schools establish admission requirements and preferences  
          designed to allow only the most "desirable" students and to  
          screen out students who may have lower standardized test scores.  
           Examples of discriminatory admission policies include mandatory  
          parental volunteer hours, minimum English proficiency  
          requirements or a minimum GPA.  Additionally, some students are  







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          "counseled out" during the school year in order to boost test  
          scores.  The California Department of Education recently weighed  
          in on one such practice by issuing an advisory opinion stating  
          that California law forbids charter schools from requiring  
          mandatory parental volunteer hours as a criterion for admission  
          or continued enrollment.  These discriminatory practices are  
          systematically harming students of color and students from  
          low-income families.  Data shows that low-income students,  
          English language learners, and populations in need of special  
          education services are served far less often at public charter  
          schools than at traditional public schools.  These students  
          deserve equal access to all public schools and should not have  
          any barriers to their academic success."

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, this bill  
          results in unknown, potentially significant, costs to charter  
          authorizers likely to be in the high hundreds of thousands to  
          low millions.  These costs would largely be due to reviewing and  
          approving amended charters to conform to new procedures and to  
          provide ongoing oversight of these requirements.  Costs to  
          charter authorizers for oversight activities would likely be  
          considered a reimbursable state mandate.  Additionally, the  
          costs imposed on charter schools would not be reimbursable but  
          would include potentially significant costs to amend charters to  
          conform to the requirements of this bill.


          SUPPORT:   (Verified 6/1/15)


          American Civil Liberties Union (co-source)
          California Federation of Teachers (co-source)
          California School Employees Association (co-source)
          California Teachers Association (co-source)
          California Labor Federation
          California State PTA
          GSA Network of California
          San Francisco Unified School District
          SIATech









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          OPPOSITION:  (Verified 6/1/15)


          California Center for Parent Empowerment
          California Charter Schools Association
          Camino Nuevo Charter Academy
          Charter Schools Development Center
          EdVoice
          Leadership Public Schools
          Several individuals

          Prepared by:Lenin Del Castillo / ED. / (916) 651-4105
          6/1/15 17:00:59


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