BILL NUMBER: AB 572 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Brownley
FEBRUARY 25, 2009
An act to add Section 47604.1 Sections
47604.1 and 47610.3 to the Education Code, relating to charter
schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 572, as amended, Brownley. Charter schools: governing boards.
(1) Existing law prohibits certain public officials, including,
but not limited to, members of governing boards of school districts
and citizens' oversight committees, from engaging in specified
activities that are inconsistent , incompatible
or incompatible with , or inimical to , their
duties as public officials, including, but not limited to, entering
into a contract in which the official or the official's family member
has a financial interest, as specified.
The Charter Schools Act of 1992 authorizes the establishment of
charter schools to operate independently from the existing school
district structure as a method of accomplishing, among other things,
improved pupil learning.
This bill would require the governing board of a
charter school to adopt and comply with a conflict-of-interest policy
. By requiring charter schools to perform additional
duties, this bill would impose a state-mandated local program.
that includes, but is not necessarily limited to,
adherence to specified requirements set forth in existing law. The
bill would require a member of the governing board of a charter
school to abstain from voting on all matters affecting his or her own
employment and on personnel matters uniquely affecting a relative of
the member, as defined, but would authorize a member to vote on
matters that affect a class of employees to which the relative
belongs.
(2) Existing law requires a charter school to comply with the laws
specifically governing charter schools and with its charter, and
otherwise exempts charter schools from the laws governing school
districts, except as specified.
This bill would require the governing board of a charter school
that is not operated by a state agency to comply with the Ralph M.
Brown Act and would require the governing board of a charter school
that is operated by a state agency to comply with the Bagley-Keene
Open Meeting Act. The bill would require all charter schools to
comply with the California Public Records Act.
(3) By requiring charter schools to perform additional duties,
this bill would impose a state-mandated local program.
(2) The
The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in
enacting this act to do all of the following:
(a) Establish conflict-of-interest policies for charter school
governing boards that mirror existing conflict-of-interest policies
followed by school district governing boards.
(b) Provide transparency in the operations of the many charter
schools that are providing quality educational options for parents
and pupils and renew the faith of parents and the community that
their local charter school is acting in the best interests of pupils.
(c) Continue to provide greater autonomy to charter schools than
traditional public schools and provide greater transparency to
parents and the public with regard to the use of public funds by
charter school governing boards for the educational benefit of their
pupils.
SEC. 2. Section 47604.1 is added to the
Education Code , to read:
47604.1. (a) It is the intent of this section to establish
standards and procedures consistent with the Charter Schools Act of
1992 to avoid conflicts of interest in charter schools.
(b) Notwithstanding any other provision of law, the governing
board of a charter school shall adopt and comply with a
conflict-of-interest policy. The policy shall include, but is not
necessarily limited to, the requirement that members of the governing
board of the charter school abide by Article 4 (commencing with
Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government
Code and Chapter 7 (commencing with Section 87100) of Title 9 of the
Government Code.
(c) A member of the governing board of a charter school shall
abstain from voting on all matters affecting his or her own
employment.
(d) A member of the governing board of a charter school shall
abstain from voting on personnel matters that uniquely affect a
relative of the member but may vote on collective bargaining
agreements and personnel matters that affect a class of employees to
which the relative belongs. For purposes of this section, "relative"
means an adult who is related to the person by blood or affinity
within the third degree, as determined by the common law, or an
individual in an adoptive relationship within the third degree.
(e) A person shall be disqualified from serving on the governing
board of a charter school if the person is disqualified by the
California Constitution or laws of the state from holding a civil
office.
SEC. 3. Section 47610.3 is added to the
Education Code , to read:
47610.3. (a) Unless otherwise specified in this section, the
governing board of a charter school shall comply with the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of the Government Code).
(b) The governing board of a charter school operated by a state
agency shall comply with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(c) A charter school shall comply with the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
SECTION 1. Section 47604.1 is added to the
Education Code, to read:
47604.1. Notwithstanding any other provision of law, a charter
school shall adopt and comply with a conflict-of-interest policy.
SEC. 2. SEC. 4. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.