BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 572
AUTHOR: Brownley
AMENDED: May 14, 2009
FISCAL COMM: No HEARING DATE: June 17, 2009
URGENCY: No CONSULTANT: James Wilson
NOTE: This bill has been referred to the Committees on
Education and Judiciary. A "do pass" motion should include
referral to the Committee on Judiciary.
SUBJECT : Charter Schools
SUMMARY
This bill explicitly declares that charter schools are
subject a variety of open meeting, conflict of interest and
disclosure laws, including the Political Reform Act of
1974.
BACKGROUND
Current law declares that "charter schools are part of the
Public School System, as defined in Article IX of the
California Constitution" and "are under the jurisdiction of
the Public School System and the exclusive control of the
officers of the public schools". Current law also declares
that all meetings of the governing body of a school
district or county board of education at which a charter
petition is consider for approval, renewal or revocation
must comply with the Ralph M. Brown Act, which requires
that all meetings be open and public.
The California Public Records Act requires government
agencies to make their records available for public
inspection and to make copies available on request.
The Political Reform Act of 1974 requires government
agencies to adopt a conflict of interest code 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
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that may be affected materially by a decision made, or
participated in, by the designated employee by virtue of
his or her position.
Current law prohibits members of governing boards of school
districts and citizens' oversight committees, from engaging
in activities that are inconsistent or incompatible with
their duties as public officials, including, but not
limited to, entering into a contract in which the member or
the member's family member has a financial interest.
Current law also prohibits an employee of a school district
from simultaneously serving as a member of that district's
governing board.
ANALYSIS
This bill:
1) Declares that a charter school is subject to all of
the following:
a) The Ralph M. Brown Act, except that a
charter school operated by
an entity governed by the Bagley-Keene Open
Meeting Act is subject to that Act.
b) The California Public Records Act.
c) Provisions of statutory law that prohibit
government officers or
employees from being financially interested in
contracts or purchases made by them in their
official capacity.
d) The Political Reform Act of 1974.
2) Provides that a member of the governing body of a
charter school must abstain from voting on:
a) All matters affecting his or her own
employment.
b) Personnel matters that uniquely affect a
relative of the member,
although the member may vote on a collective
bargaining agreement or personnel matter that
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affects a class of employees to which the
relative belongs.
3) Provides that a person who is disqualified by law from
holding a civil office may not serve on the governing
body of a charter school.
4) Explicitly provides that an employee of a charter
school is not prohibited from serving as a member of
the governing body of that school.
STAFF COMMENTS
Previous legislation : AB 2115 (Mullin) of 2008, required
the governing board members of charter schools to follow
the same conflict of interest requirements as school
district governing board members. The bill was vetoed by
Governor Schwarzenegger with the following message:
"Not only would this bill create state mandated costs for
charter schools to comply with its provisions, the measure
runs counter to the intent of charter schools, which were
created to be free from many of the laws governing schools
districts."
By contrast to AB 2115, this bill explicitly allows
employees of a charter school to serve on that charter
school's governing board.
SUPPORT
Alameda County Superintendent of Schools
Antioch Unified School District
Association of California School Administrators
California Association of School Business Officials
California Federation of Teachers
California School Boards Association (Sponsor)
California School Employees Association
California State Parent Teachers Association
California Teachers Association
Humboldt County Superintendent of Schools
Kern County Superintendent of Schools
Los Angeles County Superintendent of Schools
Orange County Department of Education
Palos Verdes Unified School District
Public Advocates
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Saddleback Valley Unified School District
San Bernardino County Office of Education
San Diego County Office of Education
San Francisco Unified School District
Santa Clara County Office of Education
St. Helena Unified School District
OPPOSITION
California Charter Schools Association