BILL NUMBER: SB 1841	CHAPTERED  09/18/00

	CHAPTER   464
	FILED WITH SECRETARY OF STATE   SEPTEMBER 18, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 15, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000
	AMENDED IN ASSEMBLY   JUNE 12, 2000
	AMENDED IN SENATE   APRIL 25, 2000
	AMENDED IN SENATE   APRIL 6, 2000

INTRODUCED BY   Senator Poochigian

                        FEBRUARY 24, 2000

   An act to add and repeal Section 33054 of the Education Code,
relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1841, Poochigian.  Charter schools:  waivers.
   Existing law requires a charter school to comply with the
provisions of its charter and the laws pertaining to charter schools
and exempts charter schools from the laws governing school districts,
with specified exceptions.  Existing law authorizes the governing
board of a school district or a county board of education, on a
districtwide or countywide basis or on behalf of one or more of its
schools or programs, after a public hearing on the matter, to request
the State Board of Education to waive all or part of any section of
the Education Code or any regulation adopted by the State Board of
Education that implements a provision of the code that may be waived,
with certain exceptions.
   This bill would also authorize the governing board of a charter
school to request, and the State Board of Education to approve, a
waiver of any otherwise applicable provisions of the Education Code
until July 1, 2005.  The bill would require the charter school to
submit its application for a waiver to its chartering authority.  The
bill would provide that if the chartering authority is a school
district or county office of education, it must forward certain
documentation with the waiver request to the State Board of
Education.  The bill would require a charter school to meet the same
criteria that a school district is required to meet when it requests
a waiver, except that the chartering authority shall conduct a public
hearing no later than 90 days following receipt of the waiver
request .  The bill would require the charter school to hold a public
hearing prior to submitting the waiver request directly to the State
Board of Education if the chartering authority fails to hold its
public hearing within the time required.  The bill would state that
it does not expand upon nor diminish the State Board of Education's
existing waiver authority.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 33054 is added to the Education Code, to read:

   33054.  (a) The governing board of a charter school may request,
and the State Board of Education may approve, a waiver of any
otherwise applicable provisions of this code pursuant to this
article.  To be eligible to request a waiver, a charter school shall
submit its application for a waiver to its chartering authority.  The
governing board of the chartering authority shall hold the public
hearing on the waiver request no later than 90 days following receipt
of the request.  If the chartering authority fails to hold the
public hearing within the 90 days, the charter school shall hold a
public hearing prior to submitting the waiver request directly to the
State Board of Education.  If the chartering authority is a school
district or county board of education, it shall prepare a summary of
the public hearing to be forwarded with the waiver request to the
State Board of Education.  If the school district or county board of
education recommends against approval of the waiver request, it shall
set forth the reasons for its disapproval in written documentation
that shall be forwarded to the state board.
   (b) For purposes of this article, a charter school shall be deemed
to be a "school district" that is eligible to submit a waiver
application pursuant to this section.
   (c) A charter school shall meet the same criteria that a school
district is required to meet when it requests a waiver, except that
the chartering authority shall conduct the public hearing, as
required pursuant to subdivision (a).
   (d) This section shall become inoperative on July 1, 2005, and as
of January 1, 2006, is repealed, unless a later enacted statute, that
is enacted before January 1, 2006, deletes or extends that date.
  SEC. 2.  The addition of Section 33054 to the Education Code made
by this act does not expand upon nor diminish the authority of the
State Board of Education to issue waivers pursuant to Article 3
(commencing with Section 33050) of Chapter 1 of Part 20 of the
Education Code.