BILL ANALYSIS Ó SB 322 Page 1 Date of Hearing: June 29, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 322 (Leno) - As Amended July 16, 2015 ----------------------------------------------------------------- |Policy |Education |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill modifies current law regarding preferences for charter school admissions and establishes requirements for suspension and expulsion procedures. Specifically, this bill: SB 322 Page 2 1)Authorizes a charter school to have admissions preferences if certain standards are met. The preferences must be approved at a public hearing, cannot result in limiting enrollment access to specified pupil groups (such as low income, students with disabilities, English learners), and cannot require mandatory parental volunteer hours. 2)Requires a charter school petition's descriptions of suspension and expulsion procedures to identify the list of acts for which a pupil may be suspended or expelled; specify the maximum length of time for which a pupil may be suspended; and accommodate the rights of pupils with disabilities, consistent with federal law. 3)Sets forth specific suspension and expulsion procedures that charter schools must meet, including, timeframes by which parents/guardians and pupils will be informed of the reasons for the suspension or expulsion. Further sets forth a process to inform the student of their due process rights, including a right to a hearing and the right to view evidence and interview witnesses. 4)Specifies that a pupil cannot be removed, involuntarily dismissed, disenrolled, or terminated from a charter school unless the charter school has complied with all of the expulsion procedures specified in this bill. 5)Specifies that nothing in this bill is intended to restrict or otherwise limit the rights available to pupils in charter schools under other federal and state law. All such protections must apply with full force and effect. SB 322 Page 3 6)Authorizes a charter school to encourage parental involvement, but requires the charter 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. FISCAL EFFECT: 1)Proposition 98/GF state mandated costs to charter authorizers (school districts and county offices of education), likely in the hundreds of thousands of dollars, to review and approve material revisions to charter petitions and to provide ongoing oversight to ensure compliance with admissions, suspension and expulsion requirements. These costs may be offset by existing oversight fees charged to charter schools. Authorizers are allowed to charge fees for oversight based on actual costs not to exceed 1% or 3% of revenues, depending on facilities' arrangements. As of 2014-15, there were 1,179 charter schools enrolling approximately 544,900 of the state's 6.2 million students. 2)Unknown costs to charter schools that may need to modify existing admissions requirements and suspension and expulsion procedures, consistent with the requirements of this bill. Any additional costs would be absorbed locally since charters are ineligible to claim reimbursement of costs resulting from state mandates. Costs associated with suspension and expulsion procedures may be offset by funding provided through the K-12 Mandate Block Grant. COMMENTS: 1)Purpose. The American Civil Liberties Union, California Federation of Teachers, California School Employees SB 322 Page 4 Association, and the California Teachers Association are co-sponsoring this bill. Supporters state that some charter schools have selective admissions criteria, including requiring parent volunteer hours as a condition of enrollment. This bill seeks to clarify that charter school admission preferences must be fair, transparent, and shall not limit access to enrollment. This bill also requires charter schools to follow specific procedures regarding suspension and expulsion of a student. Current law does not require charter schools to follow the requirements that apply to school districts and COEs with regard to suspension and expulsion, charter schools are only required to delineate a process to address these issues in their petition. Supporters state that existing charter policies do not always ensure a child is provided their Constitutional right to due process. The suspension and expulsion provisions in this bill are not as prescriptive as the current law requirements for school districts and COEs; however, they are very similar and consistent. 2)Mandated costs. The K-12 Mandate Block Grant allows school districts, COEs and charter schools to receive a per-pupil allocation to conduct mandated activities rather than receive full payment under the existing claims process. Not all mandates in the block grant apply to charter schools; therefore, charter schools receive a lower per pupil allocation as compared to school districts and COEs. (School districts receive $28.42 per student in grades K-8 and $56 per student in grades 9-12.) Charter schools receive a rate of $14.21 per student in grades K-8 and $42 per student in grades 9-12. The existing suspension, expulsion and appeals mandate is included in the block grant. Although charter schools are prohibited from filing separate mandate claims, nearly all charter schools receive block grant funding for a variety of mandated activities, including suspension and expulsion activities. SB 322 Page 5 3)Costs associated with petition revision. The requirements of this bill could constitute a material revision of a charter petition. Any amendment that would constitute a material revision of the charter school must be approved by the governing board of the charter school and the governing board of the charter authorizer pursuant to existing law. These requirements could result in increased costs to the authorizer to review and approve revised petitions. The requirements of this bill would also create increased charter oversight duties to ensure compliance with admission requirements and suspension and expulsion policies. 4)Opposition. The California Charter Schools Association Advocates (CCSAA) opposes this bill which they state strips charter schools ability to establish their own suspension and expulsion practices. They further state this bill is a wholesale re-regulation of charter schools without any presentation of facts that charter schools are violating constitutional protections of students. According to CCSAA, "The essential policy objective must be to ensure due process for the expelled student, not to prescribe how due process was achieved. While many charter schools follow the same process as school districts by choice, there are charter schools that have adopted other pathways to due process that pass constitutional muster." Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081 SB 322 Page 6