BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 322| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SB 322 Page 2 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 SB 322 Page 3 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 SB 322 Page 4 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. SB 322 Page 5 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 SB 322 Page 6 "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 SB 322 Page 7 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 **** END ****