SB 739, as amended, Pavley. Charter schools: sited outside boundaries: prohibition.
Existing
end deletebegin insert(1)end insertbegin insert end insertbegin insertExistingend insert law authorizes a charter school that is unable to locate within the jurisdiction or geographic boundaries of the chartering school district to establish one site outside the boundaries of the school district, but within the county in which that school district is located, if the school district where the charter school proposes to operate is notified in advance of the charter petition approval, 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 the charter school has attempted to locate a single site or facility to house the entire program, but such a site or facility is unavailable in the area in which the charter school chooses to locate or the site is needed for temporary use during a construction or expansion project.
This bill would prohibit the governing board of a school district from authorizing new charter schools to locate outside the boundaries of the school district if the school district is assigned a negative certification, as specified. The bill would also make conforming changes, correct references, and make various nonsubstantive changes.
begin insert(2) This bill would incorporate changes to Section 47605 of the Education Code proposed by both this bill and SB 322, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. The bill would also incorporate changes to Section 47605.1 of the Education Code proposed by this bill and AB 2659, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 47605 of the Education Code is amended
2to read:
(a) (1) Except as set forth in paragraph (2), a petition
4for the establishment of a charter school within a school district
5may be circulated by one or more persons seeking to establish the
6charter school. A petition for the establishment of a charter school
7shall identify a single charter school that will operate within the
8geographic boundaries of that school district. A charter school
9may propose to operate at multiple sites within the school district,
10as long as each location is identified in the charter school petition.
11The petition may be submitted to the governing board of the school
12district for review after either of the following conditions is met:
13(A) The petition is signed by a number of parents or legal
14guardians of pupils that is
equivalent to at least one-half of the
15number of pupils that the charter school estimates will enroll in
16the charter school for its first year of operation.
17(B) The petition is signed by a number of teachers that is
18equivalent to at least one-half of the number of teachers that the
19charter school estimates will be employed at the charter school
20during its first year of operation.
21(2) A petition that proposes to convert an existing public school
22to a charter school that would not be eligible for a loan pursuant
23to subdivision (c) of Section 41365 may be circulated by one or
24more persons seeking to establish the charter school. The petition
25may be submitted to the governing board of the school district for
P3 1review after the petition is signed by not less than 50 percent of
2the permanent status teachers currently employed at the public
3school to be converted.
4(3) A petition shall include a prominent statement that a
5signature on the petition means that the parent or legal guardian
6is meaningfully interested in having his or her child or ward attend
7the charter school, or in the case of a teacher’s signature, means
8that the teacher is meaningfully interested in teaching at the charter
9school. The proposed charter shall be attached to the petition.
10(4) After receiving approval of its petition, a charter school that
11proposes to establish operations at one or more additional sites
12shall request a material revision to its charter and shall notify the
13authority that granted its charter of those additional locations. The
14authority that granted its charter shall consider whether to approve
15those additional locations at an open, public meeting. If the
16additional locations are approved, there shall be a material revision
17to the charter school’s
charter.
18(5) (A) A charter school that is unable to locate within the
19jurisdiction of the chartering school district may establish one site
20outside the boundaries of the school district, but within the county
21in which that school district is located, if the school district within
22the jurisdiction of which the charter school proposes to operate is
23notified in advance of the charter petition approval, the county
24superintendent of schools and the Superintendent are notified of
25the location of the charter school before it commences operations,
26and either of the following circumstances exists:
27(i) The charter school has attempted to locate a single site or
28facility to house the entire program, but a site or facility is
29unavailable in the area in which the charter school chooses to
30locate.
31(ii) The
site is needed for temporary use during a construction
32or expansion project.
33(B) Notwithstanding subparagraph (A), the governing board of
34a school district shall not authorize new charter schools to locate
35outside the boundaries of the school district if the school district
36is assigned a negative certification pursuant to paragraph (1) of
37subdivision (a) of Section 42131.
38(6) Commencing January 1, 2003, a petition to establish a charter
39school shall not be approved to serve pupils in a grade level that
40is not served by the school district of the governing board
P4 1considering the petition, unless the petition proposes to serve pupils
2in all of the grade levels served by that school district.
3(b) No later than 30 days after receiving a petition, in accordance
4with subdivision (a), the governing board of the school
district
5shall hold a public hearing on the provisions of the charter, at
6which time the governing board of the school district shall consider
7the level of support for the petition by teachers employed by the
8school district, other employees of the school district, and parents.
9Following review of the petition and the public hearing, the
10governing board of the school district shall either grant or deny
11the charter within 60 days of receipt of the petition, provided,
12however, that the date may be extended by an additional 30 days
13if both parties agree to the extension. In reviewing petitions for
14the establishment of charter schools pursuant to this section, the
15chartering authority shall be guided by the intent of the Legislature
16that charter schools are and should become an integral part of the
17California educational system and that the establishment of charter
18schools should be encouraged. The governing board of the school
19district shall grant a charter for the operation of a charter school
20under this part
if it is satisfied that granting the charter is consistent
21with sound educational practice. The governing board of the school
22district shall not deny a petition for the establishment of a charter
23school unless it makes written factual findings, specific to the
24particular petition, setting forth specific facts to support one or
25more of the following findings:
26(1) The charter school presents an unsound educational program
27for the pupils to be enrolled in the charter school.
28(2) The petitioners are demonstrably unlikely to successfully
29implement the program set forth in the petition.
30(3) The petition does not contain the number of signatures
31required by subdivision (a).
32(4) The petition does not contain an affirmation of each of the
33conditions described in
subdivision (d).
34(5) The petition does not contain reasonably comprehensive
35descriptions of all of the following:
36(A) (i) A description of the educational program of the charter
37school, designed, among other things, to identify those whom the
38charter school is attempting to educate, what it means to be an
39“educated person” in the 21st century, and how learning best
40occurs. The goals identified in that program shall include the
P5 1objective of enabling pupils to become self-motivated, competent,
2and lifelong learners.
3(ii) A description, for the charter school, of annual goals, for
4all pupils and for each subgroup of pupils identified pursuant to
5Section 52052, to be achieved in the state priorities, as described
6in subdivision (d) of Section 52060, that apply for the grade levels
7served, or the
nature of the program operated, by the charter school,
8and specific annual actions to achieve those goals. A charter
9petition may identify additional school priorities, the goals for the
10school priorities, and the specific annual actions to achieve those
11goals.
12(iii) If the proposed charter school will serve high school pupils,
13a description of the manner in which the charter school will inform
14parents about the transferability of courses to other public high
15schools and the eligibility of courses to meet college entrance
16requirements. Courses offered by the charter school that are
17accredited by the Western Association of Schools and Colleges
18may be considered transferable and courses approved by the
19University of California or the California State University as
20creditable under the “A to G” admissions criteria may be
21considered to meet college entrance requirements.
22(B) The
measurable pupil outcomes identified for use by the
23charter school. “Pupil outcomes,” for purposes of this part, means
24the extent to which all pupils of the charter school demonstrate
25that they have attained the skills, knowledge, and attitudes specified
26as goals in the charter school’s educational program. Pupil
27outcomes shall include outcomes that address increases in pupil
28academic achievement both schoolwide and for all groups of pupils
29served by the charter school, as that term is defined in subparagraph
30(B) of paragraph (3) of subdivision (a) of Section 47607. The pupil
31outcomes shall align with the state priorities, as described in
32subdivision (d) of Section 52060, that apply for the grade levels
33served, or the nature of the program operated, by the charter school.
34(C) The method by which pupil progress in meeting those pupil
35outcomes is to be measured. To the extent practicable, the method
36for measuring pupil outcomes for state
priorities shall be consistent
37with the way information is reported on a school accountability
38report card.
P6 1(D) The governance structure of the charter school, including,
2but not limited to, the process to be followed by the charter school
3to ensure parental involvement.
4(E) The qualifications to be met by individuals to be employed
5by the charter school.
6(F) The procedures that the charter school will follow to ensure
7the health and safety of pupils and staff. These procedures shall
8include the requirement that each employee of the charter school
9furnish it with a criminal record summary as described in Section
1044237.
11(G) The means by which the charter school will achieve a racial
12and ethnic balance among its pupils that is reflective of the general
13
population residing within the territorial jurisdiction of the school
14district to which the charter petition is submitted.
15(H) Admission requirements, if applicable.
16(I) The manner in which annual, independent financial audits
17shall be conducted, which shall employ generally accepted
18accounting principles, and the manner in which audit exceptions
19and deficiencies shall be resolved to the satisfaction of the
20chartering authority.
21(J) The procedures by which pupils can be suspended or
22expelled.
23(K) The manner by which staff members of the charter schools
24will be covered by the State Teachers’ Retirement System, the
25Public Employees’ Retirement System, or federal social security.
26(L) The
public school attendance alternatives for pupils residing
27within the school district who choose not to attend charter schools.
28(M) A description of the rights of an employee of the school
29district upon leaving the employment of the school district to work
30in a charter school, and of any rights of return to the school district
31after employment at a charter school.
32(N) The procedures to be followed by the charter school and
33the entity granting the charter to resolve disputes relating to
34provisions of the charter.
35(O) A declaration of whether or not the charter school shall be
36deemed the exclusive public school employer of the employees of
37the charter school for purposes of Chapter 10.7 (commencing with
38Section 3540) of Division 4 of Title 1 of the Government Code.
39(P) A description of the procedures to be used if the charter
40school closes. The procedures shall ensure a final audit of the
P7 1charter school to determine the disposition of all assets and
2liabilities of the charter school, including plans for disposing of
3any net assets and for the maintenance and transfer of pupil records.
4(c) (1) Charter schools shall meet all statewide standards and
5conduct the pupil assessments required pursuant to Sections 60605
6and 60851 and any other statewide standards authorized in statute
7or pupil assessments applicable to pupils in noncharter public
8schools.
9(2) Charter schools shall, on a regular basis, consult with their
10parents, legal guardians, and teachers regarding the charter school’s
11educational programs.
12(d) (1) In addition
to any other requirement imposed under this
13part, a charter school shall be nonsectarian in its programs,
14admission policies, employment practices, and all other operations,
15shall not charge tuition, and shall not discriminate against a pupil
16on the basis of the characteristics listed in Section 220. Except as
17provided in paragraph (2), admission to a charter school shall not
18be determined according to the place of residence of the pupil, or
19of his or her parent or legal guardian, within this state, except that
20an existing public school converting partially or entirely to a charter
21school under this part shall adopt and maintain a policy giving
22admission preference to pupils who reside within the former
23attendance area of that public school.
24(2) (A) A charter school shall admit all pupils who wish to
25attend the charter school.
26(B) If the number of pupils who
wish to attend the charter school
27exceeds the charter school’s capacity, attendance, except for
28existing pupils of the charter school, shall be determined by a
29public random drawing. Preference shall be extended to pupils
30currently attending the charter school and pupils who reside in the
31school district except as provided for in Section 47614.5. Other
32preferences may be permitted by the chartering authority on an
33individual school basis and only if consistent with the law.
34(C) In the event of a drawing, the chartering authority shall
35make reasonable efforts to accommodate the growth of the charter
36school and in no event shall take any action to impede the charter
37school from expanding enrollment to meet pupil demand.
38(3) If a pupil is expelled or leaves the charter school without
39graduating or completing the school year for any reason, the charter
40school shall notify the
superintendent of the school district of the
P8 1pupil’s last known address within 30 days, and shall, upon request,
2provide that school district with a copy of the cumulative record
3of the pupil, including a transcript of grades or report card, and
4health information. This paragraph applies only to pupils subject
5to compulsory full-time education pursuant to Section 48200.
6(e) The governing board of a school district shall not require an
7employee of the school district to be employed in a charter school.
8(f) The governing board of a school district shall not require a
9pupil enrolled in the school district to attend a charter school.
10(g) The governing board of a school district shall require that
11the petitioner or petitioners provide information regarding the
12proposed operation and potential effects of the charter
school,
13including, but not limited to, the facilities to be used by the charter
14school, the manner in which administrative services of the charter
15school are to be provided, and potential civil liability effects, if
16any, upon the charter school and upon the school district. The
17description of the facilities to be used by the charter school shall
18specify where the charter school intends to locate. The petitioner
19or petitioners also shall be required to provide financial statements
20that include a proposed first-year operational budget, including
21startup costs, and cashflow and financial projections for the first
22three years of operation.
23(h) In reviewing petitions for the establishment of charter
24schools within the school district, the governing board of the school
25district shall give preference to petitions that demonstrate the
26capability to provide comprehensive learning experiences to pupils
27identified by the petitioner or petitioners as
academically low
28achieving pursuant to the standards established by the department
29under Section 54032, as it read before July 19, 2006.
30(i) Upon the approval of the petition by the governing board of
31the school district, the petitioner or petitioners shall provide written
32notice of that approval, including a copy of the petition, to the
33applicable county superintendent of schools, the department, and
34the state board.
35(j) (1) If the governing board of a school district denies a
36petition, the petitioner may elect to submit the petition for the
37establishment of a charter school to the county board of education.
38The county board of education shall review the petition pursuant
39to subdivision (b). If the petitioner elects to submit a petition for
40establishment of a charter school to the county board of education
P9 1and the county board of education denies the
petition, the petitioner
2may file a petition for establishment of a charter school with the
3state board, and the state board may approve the petition, in
4accordance with subdivision (b). A charter school that receives
5approval of its petition from a county board of education or from
6the state board on appeal shall be subject to the same requirements
7concerning geographic location to which it would otherwise be
8subject if it received approval from the entity to which it originally
9submitted its petition. A charter petition that is submitted to either
10a county board of education or to the state board shall meet all
11otherwise applicable petition requirements, including the
12identification of the proposed site or sites where the charter school
13will operate.
14(2) In assuming its role as a chartering agency, the state board
15shall develop criteria to be used for the review and approval of
16charter school petitions presented to the state board. The
criteria
17shall address all elements required for charter approval, as
18identified in subdivision (b), and shall define “reasonably
19comprehensive,” as used in paragraph (5) of subdivision (b), in a
20way that is consistent with the intent of this part. Upon satisfactory
21completion of the criteria, the state board shall adopt the criteria
22on or before June 30, 2001.
23(3) A charter school for which a charter is granted by either the
24county board of education or the state board based on an appeal
25pursuant to this subdivision shall qualify fully as a charter school
26for all funding and other purposes of this part.
27(4) If either the county board of education or the state board
28fails to act on a petition within 120 days of receipt, the decision
29of the governing board of the school district to deny the petition
30shall be subject to judicial review.
31(5) The state board shall adopt regulations implementing this
32subdivision.
33(6) Upon the approval of the petition by the county board of
34education, the petitioner or petitioners shall provide written notice
35of that approval, including a copy of the petition, to the department
36and the state board.
37(k) (1) The state board may, by mutual agreement, designate
38its supervisorial and oversight responsibilities for a charter school
39approved by the state board to any local educational agency in the
P10 1county in which the charter school is located or to the governing
2board of the school district that first denied the petition.
3(2) The designated local educational agency shall have all
4monitoring and supervising authority of a chartering agency,
5
including, but not limited to, powers and duties set forth in Section
647607, except the power of revocation, which shall remain with
7the state board.
8(3) A charter school that is granted its charter through an appeal
9to the state board and elects to seek renewal of its charter shall,
10before expiration of the charter, submit its petition for renewal to
11the governing board of the school district that initially denied the
12charter. If the governing board of the school district denies the
13charter school’s petition for renewal, the charter school may
14petition the state board for renewal of its charter.
15(l) Teachers in charter schools shall hold a Commission on
16Teacher Credentialing certificate, permit, or other document
17equivalent to that which a teacher in other public schools would
18be required to hold. These documents shall be maintained on file
19at the charter school and are
subject to periodic inspection by the
20chartering authority. It is the intent of the Legislature that charter
21schools be given flexibility with regard to noncore, noncollege
22preparatory courses.
23(m) A charter school shall transmit a copy of its annual,
24independent financial audit report for the preceding fiscal year, as
25described in subparagraph (I) of paragraph (5) of subdivision (b),
26to its chartering entity, the Controller, the county superintendent
27of schools of the county in which the charter school is sited, unless
28the county board of education of the county in which the charter
29school is sited is the chartering entity, and the department by
30December 15 of each year. This subdivision does not apply if the
31audit of the charter school is encompassed in the audit of the
32chartering entity pursuant to Section 41020.
begin insertSection 47605 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
34read:end insert
(a) (1) Except as set forth in paragraph (2), a petition
36for the establishment of a charter school within a school district
37may be circulated by one or more persons seeking to establish the
38charter school. A petition for the establishment of a charter school
39shall identify a single charter school that will operate within the
40geographic boundaries of that school district. A charter school
P11 1may propose to operate at multiple sites within the school district
2if each location is identified in the charter school petition. The
3petition may be submitted to the governing board of the school
4district for review after either of the following conditions is met:
5(A) The petition is signed by a number of parents or legal
6guardians of pupils that is
equivalent to at least one-half of the
7number of pupils that the charter school estimates will enroll in
8thebegin insert charterend insert school for its first year of operation.
9(B) The petition is signed by a number of teachers that is
10equivalent to at least one-half of the number of teachers that the
11charter school estimates will be employed at thebegin insert charterend insert school
12during its first year of operation.
13(2) A petition that proposes to convert an existing public school
14to a charter school that would not be eligible for a loan pursuant
15to subdivision (c) of Section 41365 may be circulated by one or
16more persons seeking to establish the charter school. The petition
17may be submitted to the
governing board of the school district for
18review after the petition is signed by not less than 50 percent of
19the permanent status teachers currently employed at the public
20school to be converted.
21(3) A petition shall include a prominent statement that a
22signature on the petition means that the parent or legal guardian
23is meaningfully interested in having his or her child or ward attend
24the charter school, or in the case of a teacher’s signature, means
25that the teacher is meaningfully interested in teaching at the charter
26school. The proposed charter shall be attached to the petition.
27(4) After receiving approval of its petition, a charter school that
28proposes to establish operations at one or more additional sites
29shall request a material revision to its charter and shall notify the
30authority that granted its charter of those additional locations. The
31authority that granted its
charter shall consider whether to approve
32those additional locations at an open, public meeting. If the
33additional locations are approved,begin delete theyend deletebegin insert
thereend insert shall be a material
34revision to the charter school’s charter.
35(5) begin insert(A)end insertbegin insert end insertA charter school that is unable to locate within the
36jurisdiction of the chartering school district may establish one site
37outside the boundaries of the school district, but within the county
38in which that school district is located, if the school district within
39the jurisdiction of which the charter school proposes to operate is
40notified in advance of the charter petition approval, the county
P12 1superintendent of schools and the Superintendent are notified of
2the location of the charter school before it commences operations,
3and either of the following circumstances exists:
4(A)
end delete
5begin insert(i)end insert Thebegin insert charterend insert school has attempted to locate a single site or
6facility to house the entire program, but a site or facility is
7unavailable in the area in which thebegin insert charterend insert school chooses to
8locate.
9(B)
end delete
10begin insert(ii)end insert The site is needed for temporary use during a construction
11or expansion project.
12
(B) Notwithstanding subparagraph (A), the governing board of
13a school district shall not authorize new charter schools to locate
14outside the boundaries of the school district if the school district
15is assigned a negative certification pursuant to paragraph (1) of
16subdivision (a) of Section 42131.
17(6) Commencing January 1, 2003, a petition to establish a charter
18schoolbegin delete mayend deletebegin insert shallend insert not be approved to serve pupils in a grade level
19that is not served by the school district of the governing board
20considering the petition, unless the petition proposes to serve pupils
21in all of the grade levels served by that school district.
22(b) No later than 30 days after receiving a petition, in accordance
23with subdivision (a), the governing board of the school district
24shall hold a public hearing on the provisions of the charter, at
25which time the governing board of the school district shall consider
26the level of support for the petition by teachers employed by the
27school district, other employees of the school district, and parents.
28Following review of the petition and the public hearing, the
29governing board of the school district shall either grant or deny
30the charter within 60 days of receipt of the petition, provided,
31however, that the date may be extended by an additional 30 days
32if both parties agree to the extension. In reviewing petitions for
33the establishment of charter schools pursuant to this section, the
34chartering authority shall be guided by the intent of the Legislature
35that charter schools are and should become an integral part of the
36California educational system
and that the establishment of charter
37schools should be encouraged. The governing board of the school
38district shall grant a charter for the operation of abegin insert charterend insert school
39under this part if it is satisfied that granting the charter is consistent
40with sound educational practice. The governing board of the school
P13 1district shall not deny a petition for the establishment of a charter
2school unless it makes written factual findings, specific to the
3particular petition, setting forth specific facts to support one or
4more of the following findings:
5(1) The charter school presents an unsound educational program
6for the pupils to be enrolled in the charter school.
7(2) The petitioners are demonstrably unlikely to successfully
8implement the program set forth in the petition.
9(3) The petition does not contain the number of signatures
10required by subdivision (a).
11(4) The petition does not contain an affirmation of each of the
12conditions described in subdivision (d).
13(5) The petition does not contain reasonably comprehensive
14descriptions of all of the following:
15(A) (i) The educational program of the charter school, designed,
16among other things, to identify those whom the charter school is
17attempting to educate, what it means to be an “educated person”
18in the 21st century, and how learning best occurs. The goals
19identified in that program shall include the objective of enabling
20pupils to become self-motivated, competent, and lifelong learners.
21(ii) The annual goals for the charter school for all pupils and
22for each subgroup of pupils identified pursuant to Section 52052,
23to be achieved in the state priorities, as described in subdivision
24(d) of Section 52060, that apply for the grade levels served, or the
25nature of the program operated, by the charter school, and specific
26annual actions to achieve those goals. A charter petition may
27identify additional school priorities, the goals for the school
28priorities, and the specific annual actions to achieve those goals.
29(iii) If the proposed charter school will serve high school pupils,
30the manner in which the charter school will inform parents about
31the transferability of courses to other public high schools and the
32eligibility of courses to meet college entrance requirements.
33Courses offered by the charter school that are accredited by the
34Western Association of Schools and Colleges may be considered
35transferable and courses
approved by the University of California
36or the California State University as creditable under thebegin delete “A” to begin insert “A to G”end insert admissions criteria may be considered to meet
37“G”end delete
38college entrance requirements.
39(B) The measurable pupil outcomes identified for use by the
40charter school. “Pupil outcomes,” for purposes of this part, means
P14 1the extent to which all pupils of thebegin insert charterend insert school demonstrate
2that they have attained the skills, knowledge, and attitudes specified
3as goals in thebegin insert
charterend insert school’s educational program. Pupil
4outcomes shall include outcomes that address increases in pupil
5academic achievement both schoolwide and for all groups of pupils
6served by the charter school, as that term is defined in subparagraph
7(B) of paragraph (3) of subdivision (a) of Section 47607. The pupil
8outcomes shall align with the state priorities, as described in
9subdivision (d) of Section 52060, that apply for the grade levels
10served, or the nature of the program operated, by the charter school.
11(C) The method by which pupil progress in meeting those pupil
12outcomes is to be measured. To the extent practicable, the method
13for measuring pupil outcomes for state priorities shall be consistent
14with the way information is reported on a school accountability
15report card.
16(D) The governance structure of the charter school, including,
17but
not limited to, the process to be followed by the charter school
18to ensure parental involvement.
19(E) The qualifications to be met by individuals to be employed
20by the charter school.
21(F) The procedures that the charter school will follow to ensure
22the health and safety of pupils and staff. These procedures shall
23include the requirement that each employee of the charter school
24furnish it with a criminal record summary as described in Section
2544237.
26(G) The means by which thebegin insert charterend insert school will achieve a racial
27and ethnic balance among its pupils that is reflective of the general
28population residing within the territorial jurisdiction of the school
29district to which the charter petition is submitted.
30(H) Admissionbegin delete requirements, if applicable.end deletebegin insert
policies and
31procedures, consistent with subdivision (d).end insert
32(I) The manner in which annual, independent financial audits
33shall be conducted, which shall employ generally accepted
34accounting principles, and the manner in which audit exceptions
35and deficiencies shall be resolved to the satisfaction of the
36chartering authority.
37(J) The procedures by which pupils can be suspended or
38
begin delete expelled.end deletebegin insert expelled, consistent with subdivision (d), which, at a
39minimum, shall also do the following:end insert
P15 1
(i) Identify a list of acts for which a pupil enrolled in the charter
2school may be suspended or expelled.
3
(ii) Identify suspension and expulsion procedures, including the
4maximum length of time for which a pupil may be suspended. The
5procedures shall also accommodate the rights of pupils with
6disabilities, consistent with federal law.
7(K) The manner by which staff members of the charter schools
8will be covered by the State Teachers’ Retirement System, the
9Public Employees’ Retirement System, or federal social security.
10(L) The public school attendance alternatives for pupils residing
11within the school district who choose not to attend charter schools.
12(M) The rights of an employee of the school district upon
13leaving the employment of the school district to work in a charter
14school, and of any rights of return to the school district after
15employment at a charter school.
16(N) The procedures to be followed by the charter school and
17the entity granting the charter to resolve disputes relating to
18provisions of the charter.
19(O) The procedures to be used if the charter school closes. The
20procedures shall ensure a final audit of the charter school to
21determine the disposition of all assets and liabilities of the charter
22school, including plans for disposing of any net assets and for the
23maintenance and transfer of pupil records.
24(6) The petition does not contain a declaration of whether or
25not the charter school shall be deemed the exclusive public
26employer of
the employees of the charter school for purposes of
27Chapter 10.7 (commencing with Section 3540) of Division 4 of
28Title 1 of the Government Code.
29(c) (1) Charter schools shall meet all statewide standards and
30conduct the pupil assessments required pursuant to Sections 60605
31and 60851 and any other statewide standards authorized in statute
32or pupil assessments applicable to pupils in noncharter public
33schools.
34(2) Charter schools shall, on a regular basis, consult with their
35parents, legal guardians, and teachers regarding the charter school’s
36educational programs.
37(d) (1) In addition to any other requirement imposed under this
38part, a charter school shall be nonsectarian in its programs,
39admission policies, employment practices, and all other operations,
40shall not charge
tuition, and shall not discriminate against a pupil
P16 1on the basis of the characteristics listed in Section 220. Except as
2provided in paragraph (2), admission to a charter school shall not
3be determined according to the place of residence of the pupil, or
4of his or her parent or legal guardian, within this state, except that
5an existing public school converting partially or entirely to a charter
6school under this part shall adopt and maintain a policy giving
7admission preference to pupils who reside within the former
8attendance area of that public school.
9(2) (A) A charter school shall admit all pupils who wish to
10attend thebegin insert
charterend insert
school.
11(B) If the number of pupils who wish to attend thebegin insert charterend insert school
12exceeds the charter school’s capacity, attendance, except for
13existing pupils of the charter school, shall be determined by a
14public random drawing. Preference shall be extended to pupils
15currently attending the charter school and pupils who reside in the
16begin insert schoolend insert district except as provided for in Section 47614.5.begin delete Otherend delete
17begin insert Additionally, otherend insert preferences may be permitted by the chartering
18authority on an individualbegin delete school basis and only if consistent with begin insert
charter school basis, in accordance with all of the
19the law.end delete
20following:end insert
21
(i) Each type of preference shall be approved by the charter
22school at a public hearing.
23
(ii) Preferences shall be consistent with federal law, the
24California Constitution, and Section 200.
25
(iii) Preferences shall not result in limiting enrollment access
26for pupils with disabilities, academically low-achieving pupils,
27English learners, neglected or delinquent pupils, homeless pupils,
28or pupils who are economically disadvantaged, as determined by
29eligibility for any free or reduced-price meal program.
30
(iv) In accordance with Section 49011, preferences shall not
31require mandatory parental volunteer hours as a criterion for
32admission or continued enrollment.
33(C) In the event of a drawing, the chartering authority shall
34make reasonable efforts to accommodate the growth of the charter
35school and shall not take any action to impede the charter school
36from expanding enrollment to meet pupil demand.
37
(3) Charter school suspension and expulsion procedures shall
38meet the following minimum requirements:
P17 1
(A) The procedures shall comply with federal and state
2constitutional due process requirements,
which include providing
3notice and an opportunity to be heard.
4
(B) For expulsions, the procedures shall ensure all of the
5following:
6
(i) The pupil is entitled to a formal hearing to determine if the
7pupil shall be expelled.
8
(ii) The pupil shall be provided written notice of the hearing,
9which, at a minimum, shall identify the date and place of the
10hearing, a statement of the specific facts and charges upon which
11the proposed expulsion is based, a copy of the disciplinary rules
12that relate to the alleged violation, and notice of the procedures
13that will govern the hearing, including those specified in clause
14(iii).
15
(iii) At the hearing, the
pupil or the pupil’s parent or guardian,
16or the pupil’s educational rights holder if the pupil is a foster child
17or youth or a homeless child or youth, has a right to appear in
18person or to be represented by an attorney licensed to practice
19law in California or by a nonattorney adviser, to inspect and obtain
20copies of all documents to be used at the hearing, to confront and
21question all witnesses who testify at the hearing, to question all
22other evidence presented, and to present oral and documentary
23evidence on the pupil’s behalf, including through witnesses. A
24record of the hearing shall be made so that a reasonably accurate
25and complete written transcription of the proceedings can be made.
26
(iv) If the individual, panel, or board conducting the formal
27hearing determines that the pupil shall be expelled, the individual,
28panel, or board shall issue a written decision identifying the basis
29for the decision, including
all facts in support of the decision,
30which shall be based upon substantial evidence relevant to the
31charges adduced at the formal hearing and shall not consist solely
32of hearsay evidence.
33
(v) Written notice of any decision to expel shall be sent by the
34charter school to the pupil or the pupil’s parent or guardian, or
35the pupil’s educational rights holder if the pupil is a foster child
36or youth or a homeless child or youth, and shall include notice of
37the right to appeal the expulsion to the county board of education,
38as provided for in clause (vi), and notice of the educational
39placement to be provided to the pupil during the time of expulsion,
40as provided for in clause (viii).
P18 1
(vi) A pupil may appeal the expulsion to the county board of
2education with jurisdiction in the county in which the charter
3school is located.
4
(vii) The charter school shall ensure no loss of instructional
5days for the pupil pending final determination of the expulsion,
6including an appeal, if one is filed, by providing the pupil access
7to educational programming.
8
(viii) Upon final determination to expel a pupil, the charter
9school shall ensure the pupil is provided access to educational
10programing until the charter school has confirmed the pupil has
11been provided a suitable educational placement.
12
(4) A pupil shall not be removed, involuntarily dismissed,
13disenrolled, or terminated from a charter school unless the charter
14school has complied with all of the procedures specified in
15subparagraph (B) of paragraph (3).
16
(5) Nothing in this section is intended to restrict or otherwise
17limit the rights available to pupils in charter schools under other
18federal and state law. All such protections shall apply with full
19force and effect.
20(3)
end delete
21begin insert(6)end insert If a pupil is expelled or leaves the charter school without
22graduating or completing the school year for any reason, the charter
23school shall notify the superintendent of the school district of the
24pupil’s last known address within 30 days, and shall, upon request,
25provide that school district with a copy of the cumulative record
26of the pupil, including a transcript of grades or report
card, and
27health information. This paragraph applies only to pupils subject
28to compulsory full-time education pursuant to Section 48200.
29(e) The governing board of a school district shall not require an
30employee of the school district to be employed in a charter school.
31(f) The governing board of a school district shall not require a
32pupil enrolled in the school district to attend a charter school.
33(g) The governing board of a school district shall require that
34the petitioner or petitioners provide information regarding the
35proposed operation and potential effects of the charter school,
36including, but not limited to, the facilities to be used by thebegin insert
charterend insert
37 school, the manner in which administrative services of thebegin insert
charterend insert
38 school are to be provided, and potential civil liability effects, if
39any, upon thebegin insert charterend insert school and upon the school district. The
40description of the facilities to be used by the charter school shall
P19 1specify where thebegin insert charterend insert school intends to locate. The petitioner
2or petitionersbegin delete shallend delete alsobegin insert
shallend insert be required to provide financial
3statements that include a proposed first-year operational budget,
4including startup costs, and cashflow and financial projections for
5the first three years of operation.
6(h) In reviewing petitions for the establishment of charter
7schools within the school district, the governing board of the school
8district shall give preference to petitions that demonstrate the
9capability to provide comprehensive learning experiences to pupils
10identified by the petitioner or petitioners as academically low
11achieving pursuant to the standards established by the department
12under Section 54032, as that section read before July 19, 2006.
13(i) Upon the approval of the petition by the governing board of
14the school district, the petitioner or petitioners shall provide written
15notice of that approval, including a copy of the
petition, to the
16applicable county superintendent of schools, the department, and
17the state board.
18(j) (1) If the governing board of a school district denies a
19petition, the petitioner may elect to submit the petition for the
20establishment of a charter school to the county board of education.
21The county board of education shall review the petition pursuant
22to subdivision (b). If the petitioner elects to submit a petition for
23establishment of a charter school to the county board of education
24and the county board of education denies the petition, the petitioner
25may file a petition for establishment of a charter school with the
26state board, and the state board may approve the petition, in
27accordance with subdivision (b). A charter school that receives
28approval of its petition from a county board of education or from
29the state board on appeal shall be subject to the same requirements
30concerning geographic location to which it
would otherwise be
31subject if it received approval from the entity to which it originally
32submitted its petition. A charter petition that is submitted to either
33a county board of education or to the state board shall meet all
34otherwise applicable petition requirements, including the
35identification of the proposed site or sites where the charter school
36will operate.
37(2) In assuming its role as a chartering agency, the state board
38shall develop criteria to be used for the review and approval of
39charter school petitions presented to the state board. The criteria
40shall address all elements required for charter approval, as
P20 1identified in subdivision (b), and shall define “reasonably
2begin delete comprehensive”end deletebegin insert comprehensive,”end insert
as used in paragraph (5) of
3subdivisionbegin delete (b)end deletebegin insert
(b),end insert in a way that is consistent with the intent of
4this part. Upon satisfactory completion of the criteria, the state
5board shall adopt the criteria on or before June 30, 2001.
6(3) A charter school for which a charter is granted by either the
7county board of education or the state board based on an appeal
8pursuant to this subdivision shall qualify fully as a charter school
9for all funding and other purposes of this part.
10(4) If either the county board of education or the state board
11fails to act on a petition within 120 days of receipt, the decision
12of the governing board of the school district to denybegin delete aend deletebegin insert theend insert petition
13shall be subject to judicial
review.
14(5) The state board shall adopt regulations implementing this
15subdivision.
16(6) Upon the approval of the petition by the county board of
17education, the petitioner or petitioners shall provide written notice
18of that approval, including a copy of thebegin delete petitionend deletebegin insert petition,end insert to the
19department and the state board.
20(k) (1) The state board may, by mutual agreement, designate
21its supervisorial and oversight responsibilities for a charter school
22approved by the state board to any local educational agency in the
23county in which the charter school is located or to the governing
24board of the school district that
first denied the petition.
25(2) The designated local educational agency shall have all
26monitoring and supervising authority of a chartering agency,
27including, but not limited to, powers and duties set forth in Section
2847607, except the power of revocation, which shall remain with
29the state board.
30(3) A charter school that is granted its charter through an appeal
31to the state board and elects to seek renewal of its charter shall,
32before expiration of the charter, submit its petition for renewal to
33the governing board of the school district that initially denied the
34charter. If the governing board of the school district denies the
35charter school’s petition for renewal, thebegin insert charterend insert school may
36petition the state board for renewal of its charter.
37(l) Teachers in charter schools shall hold a Commission on
38Teacher Credentialing certificate, permit, or other document
39equivalent to that which a teacher in other public schools would
40be required to hold. These documents shall be maintained on file
P21 1at the charter school and are subject to periodic inspection by the
2chartering authority. It is the intent of the Legislature that charter
3schools be given flexibility with regard to noncore, noncollege
4preparatory courses.
5(m) A charter school shall transmit a copy of its annual,
6independent financial audit report for the preceding fiscal year, as
7described in subparagraph (I) of paragraph (5) of subdivision (b),
8to its chartering entity, the Controller, the county superintendent
9of schools of the county in which the charter school is sited, unless
10the county board of education of the county in which the charter
11school is sited is
the chartering entity, and the department by
12December 15 of each year. This subdivision does not apply if the
13audit of the charter school is encompassed in the audit of the
14chartering entity pursuant to Section 41020.
15
(n) A charter school may encourage parental involvement, but
16shall notify the parents and guardians of applicant pupils and
17currently enrolled pupils that parental involvement is not a
18requirement for acceptance to, or continued enrollment at, the
19charter school.
Section 47605.1 of the Education Code is amended to
21read:
(a) (1) Notwithstanding any other law, a charter
23school that is granted a charter from the governing board of a
24school district or county office of education after July 1, 2002, and
25commences providing educational services to pupils on or after
26July 1, 2002, shall locate in accordance with the geographic and
27site limitations of this part.
28(2) Notwithstanding any other law, a charter school that is
29granted a charter by the state board after July 1, 2002, and
30commences providing educational services to pupils on or after
31July 1, 2002, based on the denial of a petition by the governing
32board of a school district or county board of education, as described
33in paragraphs (1) and (2) of subdivision (j) of Section 47605, may
34locate only within the
geographic boundaries of the chartering
35entity that initially denied the petition for the charter.
36(3) A charter school that receives approval of its charter from
37the governing board of a school district, a county office of
38education, or the state board before July 1, 2002, but does not
39commence operations until after January 1, 2003, shall be subject
P22 1to the geographic limitations of this part, in accordance with
2subdivision (e).
3(b) Nothing in this section is intended to affect the admission
4requirements contained in subdivision (d) of Section 47605.
5(c) Notwithstanding any other law, a charter school may
6establish a resource center, meeting space, or other satellite facility
7located in a county adjacent to that in which the charter school is
8authorized if the following conditions are met:
9(1) The facility is used exclusively for the educational support
10of pupils who are enrolled in nonclassroom-based independent
11study of the charter school.
12(2) The charter school provides its primary educational services
13in, and a majority of the pupils it serves are residents of, the county
14in which the charter school is authorized.
15(d) (1) Notwithstanding subdivision (a) of this section or
16subdivision (a) of Section 47605, a charter school that is unable
17to locate within the geographic boundaries of the chartering school
18district may establish one site outside the boundaries of the school
19district, but within the county within which that school district is
20located, if the school district where the charter school proposes to
21operate is notified in advance of the charter petition approval, the
22
county superintendent of schools is notified of the location of the
23charter school before it commences operations, and either of the
24following circumstances exist:
25(A) The charter school has attempted to locate a single site or
26facility to house the entire program but such a facility or site is
27unavailable in the area in which the charter school chooses to
28locate.
29(B) The site is needed for temporary use during a construction
30or expansion project.
31(2) Notwithstanding paragraph (1), the governing board of a
32school district shall not authorize new charter schools to locate
33outside the boundaries of the school district if the school district
34is assigned a negative certification pursuant to paragraph (1) of
35subdivision (a) of Section 42131.
36(e) (1) For a charter school that was granted approval of its
37charter before July 1, 2002, and provided educational services to
38pupils before July 1, 2002, this section shall only apply to any new
39educational services or schoolsites established or acquired by the
40charter school on or after July 1, 2002.
P23 1(2) For a charter school that was granted approval of its charter
2before July 1, 2002, but did not provide educational services to
3pupils before July 1, 2002, this section shall only apply upon the
4expiration of a charter that is in existence on January 1, 2003.
5(3) Notwithstanding other implementation timelines in this
6section, by June 30, 2005, or upon the expiration of a charter that
7is in existence on January 1, 2003, whichever is later, all charter
8schools shall be required to comply with this section for schoolsites
9at which education services are provided to pupils
before or after
10July 1, 2002, regardless of whether the charter school initially
11received approval of its charter school petition before July 1, 2002.
12To achieve compliance with this section, a charter school shall be
13required to receive approval of a charter petition in accordance
14with this section and Section 47605.
15(4) Nothing in this section is intended to affect the authority of
16a governmental entity to revoke a charter that is granted on or
17before the effective date of this section.
18(f) A charter school that submits its petition directly to a county
19board of education, as authorized by Section 47605.5 or 47605.6,
20may establish charter school operations only within the
21geographical boundaries of the county in which that county board
22of education has jurisdiction.
23(g) Notwithstanding any other law, the
jurisdictional limitations
24set forth in this section do not apply to a charter school that
25provides instruction exclusively in partnership with any of the
26following:
27(1) The federal Workforce Investment Act of 1998 (29 U.S.C.
28Sec. 2801 et seq.).
29(2) Federally affiliated Youth Build programs.
30(3) Federal job corps training or instruction provided pursuant
31to a memorandum of understanding with the federal provider.
32(4) The California Conservation Corps or local conservation
33corps certified by the California Conservation Corps pursuant to
34Section 14507.5 or 14406 of the Public Resources Code.
35(5) Instruction provided to juvenile court school pupils pursuant
36to subdivision (b) of Section
42238.18 or pursuant to Section 1981
37for individuals who are placed in a residential facility.
begin insertSection 47605.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended
39to read:end insert
(a) (1) Notwithstanding any other law, a charter
2school that is granted a charter from the governing board of a
3school district or county office of education after July 1, 2002, and
4commences providing educational services to pupils on or after
5July 1, 2002, shall locate in accordance with the geographic and
6site limitations of this part.
7(2) Notwithstanding any other law, a charter school that is
8granted a charter by the state board after July 1, 2002, and
9commences providing educational services to pupils on or after
10July 1, 2002, based on the denial of a petition by the governing
11board of a school district or county board of education, as described
12in paragraphs (1) and (2) of subdivision (j) of Section 47605, may
13locate only within the
geographic boundaries of the chartering
14entity that initially denied the petition for the charter.
15(3) A charter school that receives approval of its charter from
16begin delete aend deletebegin insert theend insert governing board of a school district, a county office of
17education, or the state board before July 1, 2002, but does not
18commence operations until after January 1, 2003, shall be subject
19to the geographic limitations ofbegin delete theend deletebegin insert thisend insert part, in accordance with
20subdivision (e).
21(b) This section is not intended to affect the admission
22requirements
contained in subdivision (d) of Section 47605.
23(c) Notwithstanding any other law, a charter school may
24establish a resource center, meeting space, or other satellite facility
25located in a county adjacent to that in which the charter school is
26authorized if the following conditions are met:
27(1) The facility is used exclusively for the educational support
28of pupils who are enrolled in nonclassroom-based independent
29study of the charter school.
30(2) The charter school provides its primary educational services
31in, and a majority of the pupils it serves are residents of, the county
32in which the charter school is authorized.
33(d) begin insert(1)end insertbegin insert end insert Notwithstanding subdivision (a)begin insert of this sectionend insert or
34subdivision (a) of Section 47605, a charter school that is unable
35to locate within the geographic boundaries of the chartering school
36district may establish one site outside the boundaries of the school
37district, but within the county within which that school district is
38located, if the school district in which the charter school proposes
39to operate is notified in advance of the charter petition approval,
40the county superintendent of schools is notified of the location of
P25 1the charter school before it commences operations, and either of
2the following circumstances exist:
3(1) The
end delete
4begin insert(A)end insertbegin insert end insertbegin insertThe charterend insert school has attempted to locate a single site or
5facility to house the entire program, but such a facility or site is
6unavailable in the area in which thebegin insert charterend insert school chooses to
7locate.
8(2)
end delete
9begin insert(B)end insert The site is needed for temporary use during a construction
10or expansion project.
11
(2) Notwithstanding paragraph (1), the governing board of a
12school district shall not authorize new charter schools to locate
13outside the boundaries of the school district if the school district
14is assigned a negative certification pursuant to paragraph (1) of
15subdivision (a) of Section 42131.
16(e) (1) For a charter school that was granted approval of its
17charter before July 1, 2002, and provided educational services to
18pupils before July 1, 2002, this section only applies to new
19educational services or schoolsites established or acquired by the
20charter school on or after July 1, 2002.
21(2) For a charter school that was granted approval of its charter
22before July 1, 2002, but did not provide educational services to
23pupils before July 1, 2002, this
section only applies upon the
24expiration of a charter that is in existence on January 1, 2003.
25(3) Notwithstanding other implementation timelines in this
26section, by June 30, 2005, or upon the expiration of a charter that
27is in existence on January 1, 2003, whichever is later, all charter
28schools shall be required to comply with this section for schoolsites
29at whichbegin delete educationend deletebegin insert educationalend insert services are provided to pupils
30before or after July 1, 2002, regardless of whether the charter
31school initially received approval of its charter school petition
32before July 1, 2002. To achieve compliance with this section, a
33charter school shall be required to receive approval of a charter
34petition in accordance with this section and Section 47605.
35(4) This section is not intended to affect the authority of a
36governmental entity to revoke a charter that is granted on or before
37the effective date of this section.
38(f) A charter school that submits its petition directly to a county
39board of education, as authorized bybegin delete Sectionsend deletebegin insert
Sectionend insert 47605.5 or
4047605.6, may establish charter school operations only within the
P26 1geographical boundaries of the county in which that county board
2of education has jurisdiction.
3(g) Notwithstanding any other law, the jurisdictional limitations
4set forth in this section do not apply to a charter school that
5provides instruction exclusively in partnership with any of the
6following:
7(1) The federal Workforcebegin delete Investment Act of 1998end deletebegin insert Innovation
8and Opportunity Actend insert (29 U.S.C. Sec.begin delete 2801end deletebegin insert 3101end insert
et seq.).
9(2) Federally affiliated YouthBuild programs.
10(3) Federal job corps training or instruction provided pursuant
11to a memorandum of understanding with the federal provider.
12(4) The California Conservation Corps or local conservation
13corps certified by the California Conservation Corps pursuant to
14begin delete Sectionsend deletebegin insert Sectionend insert 14507.5 or 14406 of the Public Resources Code.
15(5) Instruction provided to juvenile court school pupils pursuant
16to subdivision (b) of Section 42238.18 or pursuant to Section 1981
17for individuals who are placed in a residential
facility.
(a) Section 1.5 of this bill incorporates amendments
19to Section 47605 of the Education Code proposed by both this bill
20and Senate Bill 322. It shall only become operative if (1) both bills
21are enacted and become effective on or before January 1, 2017,
22(2) each bill amends Section 47605 of the Education Code, and
23(3) this bill is enacted after Senate Bill 322, in which case Section
241 of this bill shall not become operative.
25
(b) Section 2.5 of this bill incorporates amendments to Section
2647605.1 of the Education Code proposed by both this bill and
27Assembly Bill 2659. It shall only become operative if (1) both bills
28are enacted and become effective on or before January 1, 2017,
29(2) each bill amends Section 47605.1 of the Education Code, and
30(3) this bill is enacted after Assembly Bill 2659, in which case
31Section 2 of this bill shall not become operative.
O
96