Amended in Senate May 5, 2015

Amended in Senate April 20, 2015

Senate BillNo. 705


Introduced by Senator Hill

February 27, 2015


An act to add Section 47614.2 to the Education Code, relating to charter school facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 705, as amended, Hill. Charter school facilities:begin delete preliminary proposal: public hearing.end deletebegin insert notification.end insert

Existing law requires each school district to make available to each charter school operating in the school district facilities sufficient for the charter school to accommodate all of the charter school’s in-district pupils in conditions reasonably equivalent to those in which the pupils would be accommodated if they were attending other public schools of the district.begin insert Existing law requires a charter school desiring facilities from a school district in which it is operating to provide the school district with a reasonable projection of the charter school’s average daily classroom attendance by in-district students for the following year and requires the school district to allocate facilities to the charter school based on that projection.end insert Existing law requires the State Department of Education to propose, and for the State Board of Education to adopt, regulations to implement those provisions.

This bill would require a schoolbegin delete district’s preliminary proposal regarding the space to be allocated to a charter school to be disclosed at a public hearing that is conducted at a properly noticed and regularly scheduled meeting of the governing board of the school district.end deletebegin insert district to notify, in writing, a district-operated school and the parents or guardians of pupils attending that district-operated school if the school district reasonably anticipates that a public school facility located in that district-operated school will be allocated to a charter school, as specified.end insert To the extent the bill imposes additional duties on school districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 47614.2 is added to the Education Code,
2to read:

begin delete
3

47614.2.  

A school district’s preliminary proposal regarding
4the space to be allocated to a charter school shall be disclosed at
5a public hearing that includes opportunity for public comment and
6that is conducted at a properly noticed and regularly scheduled
7meeting of the governing board of the school district.

end delete
8begin insert

begin insert47614.2.end insert  

end insert
begin insert

If a school district, upon receipt of a charter school’s
9reasonable projection of average daily classroom attendance by
10in-district students for the following year, as provided in paragraph
11(2) of subdivision (b) of Section 47614, reasonably anticipates that
12a public school facility located in a district-operated school will
13be allocated to a charter school pursuant to paragraph (2) of
14subdivision (b) of Section 47614, the school district shall, before
15allocating that facility, notify, in writing, the district-operated
16school and the parents or guardians of the pupils attending that
17district-operated school.

end insert
18

SEC. 2.  

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
P3    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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