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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