BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 86
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          Date of Hearing:   April 13, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 86 (Mendoza) - As Introduced:  January 6, 2011 

          Policy Committee:                              Education 
          Vote:6-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill amends the charter school petition process to include 
          permanent classified employees.  
          Specifically, this bill:  

          1)Requires at least one-half of permanent classified employees 
            projected to work at the charter school to sign a petition to 
            establish a new charter school, as specified.  

          2)Requires at least 50% of permanent classified employees 
            currently employed at a public school to sign a petition 
            converting the school into a charter school.  

          3)Requires a charter school petition to include a signature of a 
            classified employee indicating he is or she is meaningfully 
            interested in working at the charter school.  

           FISCAL EFFECT  

          Minor absorbable costs, likely less than $80,000, to school 
          districts to implement this measure.  Current law requires 
          school district governing boards to consider the level of 
          support for the charter petition by teachers and other employees 
          of the district.     

           COMMENTS  

           1)Purpose  .  A charter school is a public school that may provide 
            instruction in any of grades K-12. It is usually created or 
            organized by a group of teachers, parents and community 
            leaders or a community-based organization.  A charter school 








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            may be authorized by an existing local public school board, 
            county board of education, or the State Board of Education. 
            Specific goals and operating procedures for the charter school 
            are detailed in an agreement (charter) between the sponsoring 
            board and charter organizers.  A charter school is generally 
            exempt from most laws governing school districts, except where 
            specifically noted in the law.

            In order to establish a new charter school or convert an 
            existing public school into a charter school, a petition must 
            be submitted to the potential charter authorizer (i.e., local 
            governing board).  Existing law requires a petition for either 
            a new charter school or conversion charter school to be signed 
            by a minimum number of teachers.  For a new charter school, at 
            least one-half of the number of teachers estimated to be 
            employed at the school during its first year of operation must 
            sign the petition.  For a conversion charter school, statute 
            requires 50% of the permanent teachers employed at the 
            existing charter school to sign the petition.  Likewise, a 
            teacher's signature must be included in the charter petition, 
            indicating his or her meaningful interest in teaching at the 
            charter school.  

            This bill, sponsored by the Service Employees International 
            Union, requires charter school petitions to include the 
            signatures of permanent classified employees, as specified.  
            Classified employees include custodial staff, teachers' aides, 
            and clerical staff. A permanent classified employee is an 
            employee who has passed the probationary period and achieved 
            permanent status.  

           2)Number of charter schools . In 2009-10, there were 823 charter 
            schools enrolling 323,859 students.  This number includes 13 
            charter schools approved by the State Board of Education 
            (SBE).

           3)Previous legislation  .  AB 2363 (Mendoza), similar to this 
            measure, failed passage in the Senate Education Committee in 
            June 2010.  

           4)Related legislation  .  

             a)   AB 360 (Brownley), pending on the Assembly Floor, 
               requires charter schools to comply with the same conflict 
               of interest requirements as school districts.  








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             b)   AB 440 (Brownley), pending in this committee, 
               establishes academic and fiscal accountability standards 
               related to charter schools. 

             c)   AB 1034 (Gatto), pending in this committee, makes 
               changes to charter school requirements regarding student 
               demographic data and admissions requirements, as specified. 
                




           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081