BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 29, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 322  
          (Leno) - As Amended July 16, 2015


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          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:  








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          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.










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          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  








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            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. 








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          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



















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