BILL NUMBER: AB 572 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2009
AMENDED IN ASSEMBLY MAY 14, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Brownley
FEBRUARY 25, 2009
An act to add Section 47604.1 to the Education Code, relating to
charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 572, as amended, Brownley. Charter schools.
(1) The Ralph M. Brown Act requires that all meetings of a
legislative body, as defined, of a local agency be open and public
and all persons be permitted to attend unless a closed session is
authorized. The Bagley-Keene Open Meeting Act requires, with
specified exceptions, that all meetings of a state body be open and
public and all persons be permitted to attend.
This bill would expressly state that a charter school is subject
to the Ralph M. Brown Act, unless it is operated by an entity
governed by the Bagley-Keene Open Meeting Act, in which case the
school would be subject to the Bagley-Keene Open Meeting Act.
(2) The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless they
are exempt from disclosure.
This bill would expressly state that a charter school is subject
to the California Public Records Act.
(3) 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 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.
This bill would expressly state that a charter school is subject
to these provisions.
(4) The Political Reform Act of 1974 requires every state agency
and local government agency to adopt a conflict of interest code,
formulated at the most decentralized level possible, that requires
designated employees of the agency to file statements of economic
interest disclosing any investments, business positions, interests in
real property, or sources of income that may foreseeably be affected
materially by any governmental decision made or participated in by
the designated employee by virtue of his or her position.
This bill would expressly state that a charter school is subject
to the Political Reform Act.
(5) Existing law requires a member of the governing board of a
school district to abstain from voting on personnel matters that
uniquely affect a relative of the member.
This bill would expressly authorize an individual to be
employed as a teacher in a charter school and serve as a member of
the governing body of that charter school. The bill would
require a member of the governing body of a charter school to
abstain from voting on any matter affecting his or her own employment
or any personnel matter that uniquely affects a relative of the
member.
(6) The bill would make these provisions operative on July 1,
2011.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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.
(d) Establish standards and procedures consistent with the Charter
Schools Act of 1992 to avoid conflicts of interest in charter
schools.
SEC. 2. Section 47604.1 is added to the Education Code, to read:
47604.1. (a) A charter school is subject to all of the following:
(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code),
except that a charter school operated by an entity governed by 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) is subject to the Bagley-Keene Open Meeting Act.
(2) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code).
(3) Article 4 (commencing with Section 1090) of Chapter 1 of
Division 4 of Title 1 of the Government Code.
(4) The Political Reform Act of 1974 (Title 9 (commencing with
Section 81000) of the Government Code).
(b) Notwithstanding Section 1090 of the Government Code or
any other provision of law, an individual may be employed as a
teacher in a charter school and serve as a member of the governing
body of that charter school. A member of the governing body of
a charter school shall abstain from voting on all matters affecting
his or her own employment.
(c) A member of the governing body 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.
(d) A person who is disqualified by the California Constitution or
laws of the state from holding a civil office shall not serve on the
governing body of a charter school.
(e) This section does not prohibit an employee of a charter school
from serving as a member of the governing body of that charter
school.
(e) This section shall become operative on July 1, 2011.