BILL NUMBER: SB 108 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2009
INTRODUCED BY Senator Walters
JANUARY 27, 2009
An act to add and repeal Section 815.1 of the Government
Code, relating to government tort claims, and declaring the urgency
thereof, to take effect immediately. An act to amend
Section 47612 of the Education Code, relating to charter schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 108, as amended, Walters. Government tort claims:
charter schools. Charter Schools: government tort
claims.
Existing law, the California Tort Claims Act, governs the tort
liability and immunity of, and claims and actions against, public
entities and their officers and employees. A public entity, as
defined, is not liable for an injury, except as otherwise provided by
statute, whether the injury arises out of an act or omission of the
public entity or a public employee or any other person.
Existing law
The Charter Schools Act of 1992 specifies that a
charter school is deemed to be a school district for purposes of
statutory provisions regarding apportionments from the State School
Fund, allowances for transportation, and state lottery funds and
provisions of the California Constitution regarding the calculation
of the minimum amount of funding for the support of school districts
and community college districts.
This bill would specify that a charter school shall be deemed a
political subdivision for purposes of the California Tort Claims Act
and other specified statutory provisions regarding public agencies.
By subjecting charter schools to the duties imposed on public
agencies by these statutory provisions, this bill would impose a
state-mandated local program.
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.
This bill would authorize the California Law Revision Commission
to submit a report to the Legislature, on or before May 1, 2009, that
addresses the question of whether charter schools should be added to
the list of public agencies covered by the California Tort Claims
Act.
The provisions of the bill would be repealed on January 1, 2010.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47612 of the
Education Code is amended to read:
47612. (a) A charter school shall be deemed to be under the
exclusive control of the officers of the public schools for purposes
of Section 8 of Article IX of the California Constitution, with
regard to the appropriation of public moneys to be apportioned to
any a charter school, including, but
not limited to, appropriations made for the purposes of this chapter.
(b) The average daily attendance in a charter school may
shall not , in any event, be
generated by a pupil who is not a California resident. To remain
eligible for generating charter school apportionments, a pupil over
19 years of age shall be continuously enrolled in public school and
make satisfactory progress towards award of a high school diploma.
The State Board of Education shall, on or before January 1,
2000, adopt regulations defining "satisfactory progress."
(c) A charter school shall be deemed to be a "school district" for
purposes of Article 1 (commencing with Section 14000) of Chapter 1
of Part 9 of Division 1 of Title 1 , Section 41301,
Section 41302.5, Article 10 (commencing with Section 41850) of
Chapter 5 of Part 24 of Division 3 , Section 47638, and
Sections 8 and 8.5 of Article XVI of the California Constitution.
(d) A charter school shall be deemed a "political subdivision" for
purposes of Division 3.6 (commencing with Section 810) of Title 1
of, Chapter 23 (commencing with Section 7530) of Division 7 of Title
1 of, and Article 3 (commencing with Section 53050) of Chapter 1 of
Part 1 of Division 2 of Title 5 of the Government Code.
SEC. 2. 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.
SECTION 1. Section 815.1 is added to the
Government Code, to read:
815.1. (a) The California Law Revision Commission may submit a
report to the Legislature, on or before May 1, 2009, that addresses
the question of whether charter schools should be added to the list
of public agencies covered by this division.
(b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 2. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to authorize the California Law Revision Commission to
promptly prepare and submit a report to the Legislature that would
assist the Legislature in determining whether to amend existing law
to protect charter schools from imminent financial harm as a result
of a recent Court of Appeal decision, Knapp v. Palisades Charter High
School (2007) 146 Cal.App.4th 708, which held that charter schools
are not public entities for purposes of the Tort Claims Act (Division
3.6 (commencing with Section 810) of Title 1 of the Government
Code), it is necessary that this act take effect immediately.