BILL NUMBER: AB 1909 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Nestande
FEBRUARY 16, 2010
An act to add Section 47606.1 47605.9
to the Education Code, relating to charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1909, as amended, Nestande. Charter schools:
authorization: community college governing boards.
The Charter Schools Act of 1992 authorizes the governing board of
a school district to grant a petition to establish a charter school.
The act authorizes a county board of education to grant a charter
petition upon the denial of the petition by a school district and
authorizes a county board to grant a petition to establish a
countywide charter school. The act authorizes the State Board of
Education to grant a charter petition upon the denial of the petition
by a school district and a county board and authorizes the state
board to grant a petition to establish a statewide charter school.
This bill would authorize the governing board of a community
college district to grant a petition to establish a charter school
within a school district in which the community college district
maintains a campus. The bill also would require the governing board
of a community college district to assume all of the duties,
responsibilities, functions, and obligations that the governing board
of a school district assumes when it grants a charter, as specified.
The bill would provide that a petition is eligible for consideration
by the governing board of a community college district if the
petitioner's intent is to provide an innovative approach that
maximizes the educational opportunities available to secondary school
pupils and encourages a partnership between a charter school and the
community college district, as specified. The bill would require the
State Department of Education, by January 1, 2014, to prepare an
analysis of the efficacy of community college districts authorizing
petitions for charter schools and provide the analysis to the state
board, the Governor, the Chancellor of the California Community
Colleges, and the Senate and Assembly Committees on Education.
The Charter Schools Act of 1992 permits teachers and parents to
petition the governing board of a school district to approve a
charter school to operate independently from the existing school
district structure as a method of accomplishing, among other things,
improved pupil learning. A charter petition is required to be signed
by a specified number of teachers or parents who are meaningfully
interested in either enrolling their children in the school or
teaching at the school.
If a school district denies a petition, the petitioners may submit
the petition to the county board of education. If a county board of
education denies a petition, the petitioners may submit the petition
to the State Board of Education, which may designate its
supervisorial and oversight responsibilities for a charter school it
approves to any local educational agency in the county in which the
charter school is located or to the governing board of the school
district that first denied the petition.
This bill would authorize a petition to establish a charter school
to be submitted for approval to the governing board of a community
college district if the petition proposes the operation of a charter
school within the county in which the university or community college
maintains a campus. The governing board of a community college
district would be authorized to grant a petition submitted to it for
approval. The governing board of a community college district that
grants a charter petition would be required to assume all of the
duties, responsibilities, functions, and obligations that the
governing board of a school district assumes when it grants a charter
petition. A charter school established as specified in the bill
would be required to receive the state aid portion of the charter
school's total general-purpose entitlement, categorical block grant,
other state and federal categorical aid, and lottery funds directly.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47605.9 is added to the
Education Code , to read:
47605.9. (a) A petition to establish a charter school may be
submitted for approval to the governing board of a community college
district if the petition proposes the operation of a charter school
within a school district in which the community college district
maintains a campus. The governing board of the community college
district may grant a petition submitted for approval pursuant to this
section.
(b) The governing board of a community college district shall
assume all of the duties, responsibilities, functions, and
obligations that the governing board of a school district assumes
when it grants charters, including, but not limited to, the oversight
duties specified in Section 47604.32 and the petition requirements
specified in subdivisions (a) and (b) of Section 47605.
(c) A charter school petition is eligible for consideration by the
governing board of a community college district if the petitioner's
intent is to provide an innovative approach that maximizes the
educational opportunities available to secondary school pupils and
encourages a partnership between a charter school and the community
college district that advances scholastic, college-level, and
career-technical coursework, prepares the pupils for the high school
exit examination, and, as appropriate, provides English as a second
language, basic skills remediation, and dropout prevention. The
petition shall meet all of the following criteria:
(1) The purpose of the charter school is to provide pupils with at
least one of the following opportunities:
(A) A college readiness program that provides educational
enrichment in a collegiate atmosphere and allows the pupil to receive
college course credit that is transferrable to the California State
University or the University of California.
(B) A career or vocational education program that leads to a
degree or certificate in the subject area covered by the curriculum.
(2) The charter school creates a blend of classes that provides
pupils with the opportunity to meet all high school graduation
requirements while benefiting from community college level courses
for credit that are designated as part of the Intersegmental General
Education Transfer Curriculum or apply toward the general education
breadth requirements of the California State University.
(3) The governing board of the community college district adopts a
resolution affirming that the district has the capacity to provide
this charter school opportunity without detracting from its other
services.
(4) The charter school employs appropriately credentialed teachers
for all courses required for high school graduation.
(d) Notwithstanding subdivision (a) of Section 47651, a charter
school established pursuant to this section shall receive the state
aid portion of the charter school's total general-purpose
entitlement, categorical block grant, other state and federal
categorical aid, and lottery funds directly. Warrants for a charter
school established pursuant to this section shall be drawn as
specified in paragraph (1) of subdivision (a) of Section 47651. The
notification requirement specified in subdivision (b) of Section
47651 shall be given by a charter school established pursuant to this
section to the county superintendent of schools of the county in
which the charter school operates. For purposes of Section 47635, the
"sponsoring district" shall be the school district in which the
charter school is located.
(e) The governing board of a community college district shall
notify the state board regarding each charter school petition for
which the district commences the approval process. Once the state
board receives notice that the approval process has commenced for 10
charter petitions pursuant to this section, the state board shall
advise the Board of Governors of the California Community Colleges
that no further community college districts may agree to commence the
petition approval process for any additional charter school
petitions. If the petition approval process ceases before the
petition is granted and the community college district does not
intend to further pursue approval of the petition, the community
college district shall advise the state board, which shall then allow
an additional charter school to be approved pursuant to this
section.
(f) By January 1, 2014, the department shall prepare an analysis
of the efficacy of community college districts authorizing petitions
for charter schools and provide the analysis to the state board, the
Governor, the Chancellor of the California Community Colleges, and
the Senate and Assembly Committees on Education.
(g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 1, 2015, pursuant to
Section 10231.5 of the Government Code.
(2) The report to be submitted pursuant to subdivision (f) shall
be submitted in compliance with Section 9795.
SECTION 1. Section 47606.1 is added to the
Education Code, to read:
47606.1. (a) The governing board of a community college district
may approve a petition to establish a charter school for grades 9 to
12, inclusive, provided that the purpose of the charter school is to
find innovative approaches to college preparation and career
readiness that are best served by a partnership between the charter
school and the community college district.
(b) The governing board of a community college district that
grants a charter petition shall assume all of the duties,
responsibilities, functions, and obligations that the governing board
of a school district assumes when it grants a charter petition.
(c) Notwithstanding Section 47651, a charter school established
pursuant to this section shall receive the state aid portion of the
charter school's total general-purpose entitlement, categorical block
grant, other state and federal categorical aid, and lottery funds
directly. Warrants for a charter school established pursuant to this
section shall be drawn as specified in paragraph (1) of subdivision
(a) of Section 47651. The notification requirement specified in
subdivision (b) of Section 47651 shall be given by a charter school
established pursuant to this section to the county superintendent of
schools of the county in which the charter school operates.