BILL NUMBER: AB 1146 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Knight
FEBRUARY 27, 2009
An act to amend Section 47604.5 47605.1
of the Education Code, relating to charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1146, as amended, Knight. Charter revocation
schools .
The Charter Schools Act of 1992 authorizes a charter school to
establish a resource center, meeting space, or other satellite
facility located in a county adjacent to that in which the charter
school is authorized if the specified conditions are met, including
that the facility is used exclusively for the educational support of
pupils who are enrolled in nonclassroom-based independent study of
the charter school.
This bill, in addition, would authorize a charter school to
establish one or more resource centers, meeting spaces, or other
satellite facilities located in the county in which the charter
school is authorized if each of the facilities is used exclusively
for the educational support of pupils who are enrolled in
nonclassroom-based independent study of the charter school.
Existing law authorizes the State Board of Education, whether or
not it is the chartering authority, to take appropriate action based
upon the recommendation of the Superintendent of Public Instruction,
including, but not limited to, revocation of the school's charter
when the state board finds that the school has committed one of
several specified misdeeds.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
AB 1146, as amended, Knight. Charter revocation
schools .
The Charter Schools Act of 1992 authorizes a charter school to
establish a resource center, meeting space, or other satellite
facility located in a county adjacent to that in which the charter
school is authorized if the specified conditions are met, including
that the facility is used exclusively for the educational support of
pupils who are enrolled in nonclassroom-based independent study of
the charter school.
This bill, in addition, would authorize a charter school to
establish one or more resource centers, meeting spaces, or other
satellite facilities located in the county in which the charter
school is authorized if each of the facilities is used exclusively
for the educational support of pupils who are enrolled in
nonclassroom-based independent study of the charter school.
Existing law authorizes the State Board of Education, whether or
not it is the chartering authority, to take appropriate action based
upon the recommendation of the Superintendent of Public Instruction,
including, but not limited to, revocation of the school's charter
when the state board finds that the school has committed one of
several specified misdeeds.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
AB 1146, as amended, Knight. Charter revocation
schools .
The Charter Schools Act of 1992 authorizes a charter school to
establish a resource center, meeting space, or other satellite
facility located in a county adjacent to that in which the charter
school is authorized if the specified conditions are met, including
that the facility is used exclusively for the educational support of
pupils who are enrolled in nonclassroom-based independent study of
the charter school.
This bill, in addition, would authorize a charter school to
establish one or more resource centers, meeting spaces, or other
satellite facilities located in the county in which the charter
school is authorized if each of the facilities is used exclusively
for the educational support of pupils who are enrolled in
nonclassroom-based independent study of the charter school.
Existing law authorizes the State Board of Education, whether or
not it is the chartering authority, to take appropriate action based
upon the recommendation of the Superintendent of Public Instruction,
including, but not limited to, revocation of the school's charter
when the state board finds that the school has committed one of
several specified misdeeds.
This bill would make technical, nonsubstantive changes to that
provision.
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. Section 47605.1 of the
Education Code is amended to read:
47605.1. (a) (1) Notwithstanding any other provision of law, a
charter school that is granted a charter from the governing board of
a school district or county office of education after July 1, 2002,
and commences providing educational services to pupils on or after
July 1, 2002, shall locate in accordance with the geographic and site
limitations of this part.
(2) Notwithstanding any other provision of law, a charter school
that is granted a charter by the State Board of Education after July
1, 2002, and commences providing educational services to pupils on or
after July 1, 2002, based on the denial of a petition by the
governing board of a school district or county board of education, as
described in paragraphs (1) and (2) of subdivision (j) of Section
47605, may locate only within the geographic boundaries of the
chartering entity that initially denied the petition for the charter.
(3) A charter school that receives approval of its charter from a
governing board of a school district, a county office of education,
or the State Board of Education prior to July 1, 2002, but does not
commence operations until after January 1, 2003, shall be subject to
the geographic limitations of the this
part, in accordance with subdivision (e) (f)
.
(b) Nothing in this section is intended to affect the admission
requirements contained in subdivision (d) of Section 47605.
(c) Notwithstanding any other provision of law, a charter school
may establish one or more resource centers, meeting spaces, or other
satellite facilities located in the county in which the charter
school is authorized if each of the facilities is used exclusively
for the educational support of pupils who are enrolled in
nonclassroom-based independent study of the charter school.
(c)
(d) Notwithstanding any other provision
of law , a charter school may establish a
one or more resource center
centers , meeting space spaces ,
or other satellite facility facilities
located in a county adjacent to that in which the charter school is
authorized if the following conditions are met:
(1) The facility Each of the facilities
is used exclusively for the educational support of pupils who
are enrolled in nonclassroom-based independent study of the charter
school.
(2) The charter school provides its primary educational services
in, and a majority of the pupils it serves are residents of, the
county in which the school is authorized.
(d)
(e) Notwithstanding subdivision (a) or
subdivision (a) of Section 47605, a charter school that is unable to
locate within the geographic boundaries of the chartering school
district may establish one site outside the boundaries of the school
district, but within the county within which that school district is
located, if the school district where the charter school proposes to
operate is notified in advance of the charter petition approval, the
county superintendent of schools is notified of the location of the
charter school before it commences operations, and either of the
following circumstances exist:
(1) The school has attempted to locate a single site or facility
to house the entire program , but such
a single site or facility or site is
unavailable in the area in which the school chooses to locate.
(2) The site is needed for temporary use during a construction or
expansion project.
(e)
(f) (1) For a charter school that was
granted approval of its charter prior to July 1, 2002, and provided
educational services to pupils before July 1, 2002, this section
shall only apply to any new educational services or schoolsites
established or acquired by the charter school on or after July 1,
2002.
(2) For a charter school that was granted approval of its charter
prior to July 1, 2002, but did not provide educational services to
pupils before July 1, 2002, this section shall only apply upon the
expiration of a charter that is in existence on January 1, 2003.
(3) Notwithstanding other implementation timelines in this
section, by June 30, 2005, or upon the expiration of a charter that
is in existence on January 1, 2003, whichever is later, all charter
schools shall be required to comply with this section for schoolsites
at which education services are provided to pupils prior to or after
July 1, 2002, regardless of whether the charter school initially
received approval of its charter school petition prior to July 1,
2002. To achieve compliance with this section, a charter school shall
be required to receive approval of a charter petition in accordance
with this section and Section 47605.
(4) Nothing in this section is intended to affect the authority of
a governmental entity to revoke a charter that is granted on or
before the effective date of this section.
(f)
(g) A charter school that submits its
petition directly to a county board of education, as authorized by
Sections 47605.5 or 47605.6, may establish charter school operations
only within the geographical boundaries of the county in which that
county board of education has jurisdiction.
(g)
(h) Notwithstanding any other provision of
law, the jurisdictional limitations set forth in this section do not
apply to a charter school that provides instruction exclusively in
partnership with any of the following:
(1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
(2) Federally affiliated Youth Build programs.
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14507.5 or 14406 of the Public Resources Code.
(5) Instruction provided to juvenile court school pupils pursuant
to subdivision (c) of Section 42238.18 or pursuant to Section 1981
for individuals who are placed in a residential facility.
SECTION 1. Section 47604.5 of the Education
Code is amended to read:
47604.5. The state board, whether or not it is the chartering
authority, may take appropriate action based upon the recommendation
of the Superintendent, including, but not limited to, revocation of
the school's charter if the state board finds any of the following:
(a) Gross financial mismanagement that jeopardizes the financial
stability of the charter school.
(b) Illegal or substantially improper use of charter school funds
for the personal benefit of any officer, director, or fiduciary of
the charter school.
(c) Substantial and sustained departure from measurably successful
practices such that continued departure would jeopardize the
educational development of the charter school's pupils.
SECTION 1. Section 47605.1 of the
Education Code is amended to read:
47605.1. (a) (1) Notwithstanding any other provision of law, a
charter school that is granted a charter from the governing board of
a school district or county office of education after July 1, 2002,
and commences providing educational services to pupils on or after
July 1, 2002, shall locate in accordance with the geographic and site
limitations of this part.
(2) Notwithstanding any other provision of law, a charter school
that is granted a charter by the State Board of Education after July
1, 2002, and commences providing educational services to pupils on or
after July 1, 2002, based on the denial of a petition by the
governing board of a school district or county board of education, as
described in paragraphs (1) and (2) of subdivision (j) of Section
47605, may locate only within the geographic boundaries of the
chartering entity that initially denied the petition for the charter.
(3) A charter school that receives approval of its charter from a
governing board of a school district, a county office of education,
or the State Board of Education prior to July 1, 2002, but does not
commence operations until after January 1, 2003, shall be subject to
the geographic limitations of the this
part, in accordance with subdivision (e) (f)
.
(b) Nothing in this section is intended to affect the admission
requirements contained in subdivision (d) of Section 47605.
(c) Notwithstanding any other provision of law, a charter school
may establish one or more resource centers, meeting spaces, or other
satellite facilities located in the county in which the charter
school is authorized if each of the facilities is used exclusively
for the educational support of pupils who are enrolled in
nonclassroom-based independent study of the charter school.
(c)
(d) Notwithstanding any other provision
of law , a charter school may establish a
one or more resource center
centers , meeting space spaces ,
or other satellite facility facilities
located in a county adjacent to that in which the charter school is
authorized if the following conditions are met:
(1) The facility Each of the facilities
is used exclusively for the educational support of pupils who
are enrolled in nonclassroom-based independent study of the charter
school.
(2) The charter school provides its primary educational services
in, and a majority of the pupils it serves are residents of, the
county in which the school is authorized.
(d)
(e) Notwithstanding subdivision (a) or
subdivision (a) of Section 47605, a charter school that is unable to
locate within the geographic boundaries of the chartering school
district may establish one site outside the boundaries of the school
district, but within the county within which that school district is
located, if the school district where the charter school proposes to
operate is notified in advance of the charter petition approval, the
county superintendent of schools is notified of the location of the
charter school before it commences operations, and either of the
following circumstances exist:
(1) The school has attempted to locate a single site or facility
to house the entire program , but such
a single site or facility or site is
unavailable in the area in which the school chooses to locate.
(2) The site is needed for temporary use during a construction or
expansion project.
(e)
(f) (1) For a charter school that was
granted approval of its charter prior to July 1, 2002, and provided
educational services to pupils before July 1, 2002, this section
shall only apply to any new educational services or schoolsites
established or acquired by the charter school on or after July 1,
2002.
(2) For a charter school that was granted approval of its charter
prior to July 1, 2002, but did not provide educational services to
pupils before July 1, 2002, this section shall only apply upon the
expiration of a charter that is in existence on January 1, 2003.
(3) Notwithstanding other implementation timelines in this
section, by June 30, 2005, or upon the expiration of a charter that
is in existence on January 1, 2003, whichever is later, all charter
schools shall be required to comply with this section for schoolsites
at which education services are provided to pupils prior to or after
July 1, 2002, regardless of whether the charter school initially
received approval of its charter school petition prior to July 1,
2002. To achieve compliance with this section, a charter school shall
be required to receive approval of a charter petition in accordance
with this section and Section 47605.
(4) Nothing in this section is intended to affect the authority of
a governmental entity to revoke a charter that is granted on or
before the effective date of this section.
(f)
(g) A charter school that submits its
petition directly to a county board of education, as authorized by
Sections 47605.5 or 47605.6, may establish charter school operations
only within the geographical boundaries of the county in which that
county board of education has jurisdiction.
(g)
(h) Notwithstanding any other provision of
law, the jurisdictional limitations set forth in this section do not
apply to a charter school that provides instruction exclusively in
partnership with any of the following:
(1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
(2) Federally affiliated Youth Build programs.
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14507.5 or 14406 of the Public Resources Code.
(5) Instruction provided to juvenile court school pupils pursuant
to subdivision (c) of Section 42238.18 or pursuant to Section 1981
for individuals who are placed in a residential facility.
SECTION 1. Section 47604.5 of the Education
Code is amended to read:
47604.5. The state board, whether or not it is the chartering
authority, may take appropriate action based upon the recommendation
of the Superintendent, including, but not limited to, revocation of
the school's charter if the state board finds any of the following:
(a) Gross financial mismanagement that jeopardizes the financial
stability of the charter school.
(b) Illegal or substantially improper use of charter school funds
for the personal benefit of any officer, director, or fiduciary of
the charter school.
(c) Substantial and sustained departure from measurably successful
practices such that continued departure would jeopardize the
educational development of the charter school's pupils.
SECTION 1. Section 47605.1 of the
Education Code is amended to read:
47605.1. (a) (1) Notwithstanding any other provision of law, a
charter school that is granted a charter from the governing board of
a school district or county office of education after July 1, 2002,
and commences providing educational services to pupils on or after
July 1, 2002, shall locate in accordance with the geographic and site
limitations of this part.
(2) Notwithstanding any other provision of law, a charter school
that is granted a charter by the State Board of Education after July
1, 2002, and commences providing educational services to pupils on or
after July 1, 2002, based on the denial of a petition by the
governing board of a school district or county board of education, as
described in paragraphs (1) and (2) of subdivision (j) of Section
47605, may locate only within the geographic boundaries of the
chartering entity that initially denied the petition for the charter.
(3) A charter school that receives approval of its charter from a
governing board of a school district, a county office of education,
or the State Board of Education prior to July 1, 2002, but does not
commence operations until after January 1, 2003, shall be subject to
the geographic limitations of the this
part, in accordance with subdivision (e) (f)
.
(b) Nothing in this section is intended to affect the admission
requirements contained in subdivision (d) of Section 47605.
(c) Notwithstanding any other provision of law, a charter school
may establish one or more resource centers, meeting spaces, or other
satellite facilities located in the county in which the charter
school is authorized if each of the facilities is used exclusively
for the educational support of pupils who are enrolled in
nonclassroom-based independent study of the charter school.
(c)
(d) Notwithstanding any other provision
of law , a charter school may establish a
one or more resource center
centers , meeting space spaces ,
or other satellite facility facilities
located in a county adjacent to that in which the charter school is
authorized if the following conditions are met:
(1) The facility Each of the facilities
is used exclusively for the educational support of pupils who
are enrolled in nonclassroom-based independent study of the charter
school.
(2) The charter school provides its primary educational services
in, and a majority of the pupils it serves are residents of, the
county in which the school is authorized.
(d)
(e) Notwithstanding subdivision (a) or
subdivision (a) of Section 47605, a charter school that is unable to
locate within the geographic boundaries of the chartering school
district may establish one site outside the boundaries of the school
district, but within the county within which that school district is
located, if the school district where the charter school proposes to
operate is notified in advance of the charter petition approval, the
county superintendent of schools is notified of the location of the
charter school before it commences operations, and either of the
following circumstances exist:
(1) The school has attempted to locate a single site or facility
to house the entire program , but such
a single site or facility or site is
unavailable in the area in which the school chooses to locate.
(2) The site is needed for temporary use during a construction or
expansion project.
(e)
(f) (1) For a charter school that was
granted approval of its charter prior to July 1, 2002, and provided
educational services to pupils before July 1, 2002, this section
shall only apply to any new educational services or schoolsites
established or acquired by the charter school on or after July 1,
2002.
(2) For a charter school that was granted approval of its charter
prior to July 1, 2002, but did not provide educational services to
pupils before July 1, 2002, this section shall only apply upon the
expiration of a charter that is in existence on January 1, 2003.
(3) Notwithstanding other implementation timelines in this
section, by June 30, 2005, or upon the expiration of a charter that
is in existence on January 1, 2003, whichever is later, all charter
schools shall be required to comply with this section for schoolsites
at which education services are provided to pupils prior to or after
July 1, 2002, regardless of whether the charter school initially
received approval of its charter school petition prior to July 1,
2002. To achieve compliance with this section, a charter school shall
be required to receive approval of a charter petition in accordance
with this section and Section 47605.
(4) Nothing in this section is intended to affect the authority of
a governmental entity to revoke a charter that is granted on or
before the effective date of this section.
(f)
(g) A charter school that submits its
petition directly to a county board of education, as authorized by
Sections 47605.5 or 47605.6, may establish charter school operations
only within the geographical boundaries of the county in which that
county board of education has jurisdiction.
(g)
(h) Notwithstanding any other provision of
law, the jurisdictional limitations set forth in this section do not
apply to a charter school that provides instruction exclusively in
partnership with any of the following:
(1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
(2) Federally affiliated Youth Build programs.
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14507.5 or 14406 of the Public Resources Code.
(5) Instruction provided to juvenile court school pupils pursuant
to subdivision (c) of Section 42238.18 or pursuant to Section 1981
for individuals who are placed in a residential facility.
SECTION 1. Section 47604.5 of the Education
Code is amended to read:
47604.5. The state board, whether or not it is the chartering
authority, may take appropriate action based upon the recommendation
of the Superintendent, including, but not limited to, revocation of
the school's charter if the state board finds any of the following:
(a) Gross financial mismanagement that jeopardizes the financial
stability of the charter school.
(b) Illegal or substantially improper use of charter school funds
for the personal benefit of any officer, director, or fiduciary of
the charter school.
(c) Substantial and sustained departure from measurably successful
practices such that continued departure would jeopardize the
educational development of the charter school's pupils.