BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 705|
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                                   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  








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            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.







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          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  







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          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)









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          California Charter Schools Association




          Prepared by:Lenin Del Castillo / ED. / (916) 651-4105
          5/13/15 17:17:50


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