Amended in Assembly July 9, 2015

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 notification.end deletebegin insert posting facilities request or preliminary or final offer.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. 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. 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 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 deletebegin insert district, within 10 days of receiving a facilities request from a charter school or making a preliminary or final offer of facilities to a charter school to post that information on the school district’s Internet Web site.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    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 47614.2 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert47614.2.end insert  

(a) Within 10 days of receipt of a facilities request
4from a charter school or of the school district making a preliminary
5offer or final offer of facilities to a charter school, a school district
6shall post the fact that a request was received or that a preliminary
7or final offer was made, as applicable, on the school district’s
8Internet Web site.

9(b) For purposes of this section, “preliminary offer” includes
10situations in which the school district reasonably anticipates that
11a public school facility located in a district-operated school will
12be allocated to a charter school.

end insert
begin delete13

SECTION 1.  

Section 47614.2 is added to the Education Code,
14to read:

15

47614.2.  

If a school district, upon receipt of a charter school’s
16reasonable projection of average daily classroom attendance by
17in-district students for the following year, as provided in paragraph
18(2) of subdivision (b) of Section 47614, reasonably anticipates that
19a public school facility located in a district-operated school will
20be allocated to a charter school pursuant to paragraph (2) of
21subdivision (b) of Section 47614, the school district shall, before
P3    1allocating that facility, notify, in writing, the district-operated
2school and the parents or guardians of the pupils attending that
3district-operated school.

end delete
4

SEC. 2.  

If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.



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