BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 739|
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                                   THIRD READING 


          Bill No:  SB 739
          Author:   Pavley (D)
          Amended:  5/6/15  
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  7-1, 4/15/15
           AYES:  Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan
           NOES:  Vidak

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/4/15
           AYES: Lara, Beall, Hill, Leyva, Mendoza
           NOES: Bates, Nielsen

           SUBJECT:   Charter schools:  sited outside boundaries:  report:  
                      prohibition


          SOURCE:   Castaic Union School District
                    Newhall School District 
                    Saugus Union School District 
                    Sulphur Springs School District 
                    William S. Hart Union High School District 

          
          DIGEST:  This bill prohibits a school district from authorizing  
          a new charter school to locate outside of its jurisdiction if it  
          is assigned a negative certification.  

          ANALYSIS:   


          Existing law:
          








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          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  
            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  







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                    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.

          This bill prohibits the governing board of a school district  
          from authorizing a new charter school to locate outside the  
          boundaries of the school district if the school district is  
          assigned a negative certification, as specified.


          
          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.  The 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 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.  Current  
          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.  







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          Comments


          Need for the bill.  Existing law allows a charter school to  
          locate a facility in a school district other than the one it is  
          authorized by under a very limited number of circumstances.   
          However, according to the author's office, when this occurs,  
          school districts and charter schools often have differing  
          interpretations of state law, difficulty in ensuring  
          accountability, and lacking clear lines of communication.   The  
          author's office indicates there have been some high-profile  
          cases in which cash-strapped school districts have authorized  
          charter schools outside of the district in order to generate  
          revenue through "oversight fees."  While these situations have  
          brought more attention to this issue, there is limited  
          information regarding the number of charter schools located  
          outside the boundaries of their authorizing district.  This bill  
          seeks to shed some light on the consequences, whether intended  
          or unintended, of charter schools locating outside the  
          boundaries of their authorizing school districts.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, the  
          prohibition of a school district assigned a negative  
          certification to authorize new charter schools outside of the  
          school district's jurisdiction is not expected to result in a  
          significant increase in state costs.


          SUPPORT:   (Verified   5/5/15)


          Castaic Union School District (co-source)
          Newhall School District (co-source)
          Saugus Union School District (co-source)
          Sulphur Springs School District (co-source)
          William S. Hart Union High School District (co-source)
          California Teachers Association
          San Diego Unified School District









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          OPPOSITION:   (Verified   5/5/15)


          California Charter Schools Association
          Charter Schools Development Center

          Prepared by:Lenin Del Castillo / ED. / (916) 651-4105
          5/6/15 16:16:32


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