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 ****