BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 705| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 705 Author: Hill (D) Amended: 5/5/15 Vote: 21 SENATE EDUCATION COMMITTEE: 6-2, 4/8/15 AYES: Liu, Block, Hancock, Leyva, Mendoza, Pan NOES: Huff, Vidak SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: Charter school facilities: notification SOURCE: Author DIGEST: This bill requires a school district to provide written notification if it anticipates it will allocate facilities to a charter school. ANALYSIS: Existing law: 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 SB 705 Page 2 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)Authorizes a charter school that is unable to locate within the jurisdiction of the authorizing school district to establish one site outside the boundaries of the school district, but within the same county, if the following conditions are satisfied: a) The school district in which the charter school proposes to operate is notified in advance of the charter petition approval; b) The county superintendent of schools and the Superintendent of Public Instruction are notified of the location of the charter school before it commences operations; and either of the following circumstances exists: i) The charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate. ii) The site is needed for temporary use during a construction or expansion project. SB 705 Page 3 6)Requires school districts to make available to all charter schools operating in their school district with projections of at least 80 units of average daily attendance, facilities that will sufficiently accommodate all of the charter's in-district students. 7)Requires that the facilities be reasonably equivalent to other classrooms, buildings, or facilities of the district, and be contiguous, furnished, and equipped. 8)Requires a school district to make reasonable efforts to provide the charter school with facilities near to where the charter school wishes to locate, and not move the charter school unnecessarily. 9)Allows a school district to charge a charter school a pro-rata share of the facilities costs which the school district pays for with unrestricted general fund revenues. The pro-rata share is based on the ratio of space allocated by the school district to the charter school divided by the total space of the district. This bill requires that if a school district, upon receipt of a charter school's reasonable projection of average daily classroom attendance by in-district students for the following year, reasonably anticipates that a public school facility located in a district-operated school will be allocated to a charter school, to notify, in writing and before allocating that facility, the district-operated school and the parent or guardians of the pupils attending that district-operated school. 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 law also 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 SB 705 Page 4 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 law establishes procedures for the renewal of charter schools, not to exceed five years. Charter schools are exempt from most 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. Proposition 39. This ballot initiative was passed by California voters in November 2000 and amended existing law with the intent that public school facilities constructed with state dollars be shared fairly among all public school students, including those in charter schools. This coincided with another provision included in Proposition 39 which reduced the threshold for the state or a local school district to pass a facilities bond from two-thirds to 55%, a considerably easier standard to meet. Prior to the passage of Proposition 39, charter school law permitted charter schools to use, at no cost, school district facilities which the school district was not using for instructional or administrative purposes or which were historically used as rental properties. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified5/11/15) California Federation of Teachers California Teachers Association OPPOSITION: (Verified5/11/15) SB 705 Page 5 California Charter Schools Association Prepared by:Lenin Del Castillo / ED. / (916) 651-4105 5/13/15 17:17:50 **** END ****