BILL ANALYSIS �
AB 269
Page 1
Date of Hearing: April 27, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 269 (Ma) - As Amended: March 14, 2011
SUBJECT : Charter schools: pupil health and safety
SUMMARY : Requires charter schools to comply with specified
laws governing the health and safety of pupils and school
employees. Specifically, this bill :
1)Requires, by January 1, 2013, the Legislative Analyst to
report to the Legislature on the accuracy of data reported by
charter schools with respect to violent incidents on campus.
2)Requires charter schools to comply with all laws governing the
health and safety of pupils and school employees, including,
but not limited to, the provisions that:
a) Express the intent of the Legislature that if federal
funding is available, the governing board of school
districts and the county superintendents of schools install
two-way communication devices in each classroom for use by
teachers or other employees of the school in the event
there is a medical emergency or violent crime in the
classroom. (Education Code (EC) Section 32225)
b) Require every public and private kindergarten through
grade 12 (K-12) schools to ensure that every restroom is
maintained and cleaned regularly, fully operational,
stocked at all times with necessary supplies, and kept open
during school hours. (EC Section 35292)
c) Require each school district and county office of
education to be responsible for the overall development of
all school safety plans for K-12 schools. (EC Sections
32280-32289)
d) Express the intent of the Legislature that all public
K-7 schools have access to resources to establish programs
and strategies that promote school safety and emphasize
violence prevention and establish the School Safety and
Violence Prevention Strategy Program to be administered by
the Superintendent of Public Instruction (SPI) in
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conjunction with the Attorney General. (EC Section
35294.10-35294.15)
e) Establish school safety requirements for public and
private schools as follows:
i) Require every school building having an occupant
capacity of 50 or more pupils or more than one classroom
to have a dependable and operative fire alarm system and
to conduct fire drills, as specified.
ii) Require gates to be erected in fences or walls that
enclose a school and require the gates to be of
sufficient size to permit the entrance of ambulances,
police equipment, and firefighting apparatus.
iii) Require schools to be equipped with eye protective
devices for use by all students, teachers, and visitors
in courses including, but not limited to, vocational or
industrial arts shops or laboratories, and chemistry,
physics or combined chemistry-physics laboratories.
iv) Require schools to be equipped with first aid kits
and require the kits to be available on field trips.
v) Prohibit the use of art or craft material that is
deemed by the State Department of Health Services to
contain a toxic substance.
EXISTING LAW :
1)Establishes the Charter Schools Act of 1992 which authorizes a
school district, a county board of education or the state
board of education (SBE) to approve or deny a petition for a
charter school to operate independently from the existing
school district structure as a method of accomplishing, among
other things, improved student learning. (EC Sections 47600
and 47601)
2)Establishes a process for the submission of a petition for the
establishment of a charter school. Authorizes a petition,
identifying a single charter school to operate within the
geographical boundaries of the school district, to be
submitted to the school district. Authorizes, if the
governing board of a school district denies a petition for the
establishment of a charter school, the petitioner to elect to
submit the petition to the county board of education.
Authorizes, if the county board of education denies the
charter, the petitioner to submit the petition to the SBE.
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Authorizes a school that serves a countywide service to submit
the charter petition directly to the county office of
education. Authorizes a school that serves a statewide
purpose to go directly to the SBE. (EC Section 47605)
3)Requires a governing board of a school district to hold a
public hearing on the provisions of the charter no later than
30 days after receiving a petition and either grant or deny
the charter within 60 days of receipt of the petition.
Specifies that the governing board of a school district shall
not deny a petition for the establishment of a charter school
unless it makes written factual findings setting forth
specific facts to support the findings, including the
following, among others:
a) The petition does not contain reasonably comprehensive
description of the procedures that the school will follow
to ensure the health and safety of pupils and staff.
Specifies that the procedures shall include the requirement
that each employee of the school furnish the school with a
criminal record, as specified.
b) The petition does not contain reasonably comprehensive
description of the procedures by which pupils can be
suspended or expelled. (EC Section 47605)
4)Specifies that a charter school shall comply with charter
school laws but is otherwise exempt from the laws governing
school districts, except for all of the following:
a) Teacher participation in the state teacher's retirement
plan.
b) Access to loans from the Charter School Revolving Loan
Fund.
c) All laws establishing minimum age for public school
attendance.
d) The California Building Standards Code. (EC Section
47610)
FISCAL EFFECT : Unknown
COMMENTS : According to the California Department of Education
(CDE), the 2009-10 count of operating charter schools is 815
with student enrollment of more than 323,000 in the state. This
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includes three statewide benefit charters and 20 SBE-approved
charters. Some charter schools are new, while others are
conversions from existing public schools. Charter schools are
part of the state's public education system and are funded by
public dollars. A charter school is usually created or
organized by a group of teachers, parents and community leaders,
a community-based organization, or an education management
organization. Charter schools are authorized by school district
governing boards, county boards of education or the SBE.
Charter schools must comply with charter school provisions of
law and are generally exempt from most laws governing school
districts, with the exception of the following:
Teacher participation in the state teacher's retirement
plan.
Access to loans from the Charter School Revolving Loan
Fund.
All laws establishing minimum age for public school
attendance.
The California Building Standards Code.
As part of its request for approval of charter status, a charter
petition must include specified information, including, among
others, a description of the educational program of the school,
the governance structure of the school, qualifications required
by individuals to be hired at the school, the manner by which
annual, independent financial audits will be conducted, the
manner by which the school's staff will be covered by the
teachers' retirement systems or federal social security and
federal social security, the procedures the school will follow
to ensure the health and safety of pupils and staff (including
any employee criminal record), and the procedures by which
pupils can be suspended or expelled.
This bill requires charter schools to comply with specified EC
provisions that deal with health and safety issues, some of
which apply only to public schools and others that apply to both
public and private schools, as follows:
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|Health and Safety provisions in the EC that apply only to public |
| schools |
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|EC 32225 |Two-way communication devices: Expresses the intent |
| |of the Legislature that if federal funds are |
| |available, schools shall be equipped with two-way |
| |communication devices to be installed in K-12 |
| |classrooms, including portable classrooms, for use by |
| |teachers or other school staff in the event of a |
| |medical emergency or violent crime. Specifies that a |
| |"two-way communication device" includes, but is not |
| |limited to, telephones, intercoms, walkie-talkies, or |
| |portable radios. |
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| |Staff notes that this provision is not a requirement; |
| |the installation of two-way communication devices are |
| |installed only if federal funds are available. |
|Comments: |According to the California Department of Education, |
| |the No Child Left Behind Act did contain funds under |
| |the Safe and Drug-Free Schools and Communities |
| |Program (Title IV) that were available for this |
| |purpose. However, the funds expired last year and |
| |may be restored with the reauthorization of the |
| |Elementary and Secondary Education Act. |
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|EC |Establishes the School Safety Violence Protection Act |
|35294.10-3|and establishes a competitive grant program |
|5294.15 |administered by the SPI for schools and school |
| |districts serving K-7 students for the purpose of |
| |promoting school safety and establishing school |
| |prevention programs. Grants can be used to hire |
| |personnel (e.g., counselors, nurses, psychologists), |
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| |provide oncampus communication devices, provide |
| |in-service training to assist school staff in |
| |identifying at-risk students, establishing |
| |cooperative arrangements with local law enforcement, |
| |and other strategies. The funds for this program, |
| |along with five other school safety prevention |
| |programs, were incorporated into the School Safety |
| |Consolidated Competitive Grant program in 2004. In |
| |fiscal year 2011-12, the consolidated program is |
| |allocated $14.3 million. As one of the 39 |
| |categorical programs subject to the flexibility |
| |provision until 2014-15, school districts that |
| |receive these funds can use the funds for any |
| |educational purpose. |
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| | |
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| |Charter schools are not eligible for categorical |
| |program funds and receive, instead, equivalent |
| |dollars from the Charter School Categorical Block |
| |Grant. The School Safety Consolidated Competitive |
|Comments: |Grant program is incorporated into the calculation of |
| |Charter School Categorical Block Grant funds. As |
| |such, staff recommends deleting this provision from |
| |the bill. |
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| |Comprehensive School Safety Plans: Requires each |
|EC |schoolsite to develop a comprehensive school safety |
|32280-3228|plan. Specifies that the school safety plan shall |
|9 |include an assessment of the current status of school |
| |crime committed on school campuses and at |
| |school-related functions and identification of |
| |appropriate strategies and programs that will provide |
| |or maintain a high level of school safety and address |
| |the school's procedures for complying with existing |
| |laws related to school safety, including child abuse |
| |reporting procedures; disaster procedures; an |
| |earthquake emergency procedure system; policies |
| |regarding pupils who commit specified acts that would |
| |lead to suspension or expulsion; procedures to notify |
| |teachers of dangerous pupils; a discrimination and |
| |harassment policy; the provisions of any schoolwide |
| |dress code; procedures for safe ingress and egress of |
| |pupils, parents, and school employees to and from |
| |school; a safe and orderly environment conducive to |
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| |learning; rules and procedures on school discipline; |
| |and hate crime reporting procedures. Schools are |
| |required to submit the school safety plan to the |
| |school district or county office of education. |
| | |
| |Charter schools are required to describe in its |
| |petition for charter school status, procedures for |
| |ensuring the health and safety of pupils and staff. |
| |This is similar to the school safety plan, except |
| |that charter schools have discretion on what's |
| |covered in the procedures while public schools' |
| |school safety plans must address a number of |
| |specified situations. |
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|Comments: | |
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| Health and Safety provisions in the EC that apply to public and |
| private schools |
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| |Fire alarm system: Requires school buildings that |
|EC 32001 |have an occupant capacity of 50 or more students to |
| |have a dependable and operative fire alarm system and |
| |requires the fire alarm to be sounded once a month. |
| |Requires a fire drill to be conducted once a month at |
| |the elementary level, at least four times a year at |
| |the intermediate levels and at least twice a year at |
| |the secondary level. |
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| |Requires schoolsites that are entirely enclosed by |
|EC 32020 |fences or walls to have a gate of sufficient size to |
| |permit the entrance of ambulances, police equipment, |
| |and firefighting apparatus. |
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| |Eye protective devices: Requires schools to be |
|EC |equipped with eye protective devices for use by |
|32030-3203|students, teachers, and visitors when participating in |
|4 |vocational or industrial arts shops or laboratories, |
| |and chemistry, physics or combined chemistry-physics |
| |laboratories. |
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| |First aid kits: Requires each school to be equipped |
|EC |with a first aid kit. Requires first aid kits to be |
|32040-3204|available during field trips. Any governing board |
|4 |member, superintendent of schools, or school staff who |
| |willfully violates this requirement is guilty of a |
| |misdemeanor. |
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| |Toxic art supplies: Prohibits the use of art supplies |
|EC |that contain toxic substances in kindergarten through |
|32060-3206|grade 6 and authorizes grades 7 through 12 schools to |
|6 |purchase toxic substances as long as they meet |
| |specified labeling requirements. |
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| |Restrooms: Requires every restroom to be maintained |
|EC |and cleaned regularly, fully operational and stocked |
|35292.5 |with necessary supplies. Requires restrooms to be |
| |open during school hours. Specifies that if the State |
| |Allocation Board determines that a school district is |
| |in violation of this requirement, the district is |
| |ineligible for state deferred maintenance funds. |
| | |
| |Staff notes that charter schools are not eligible for |
| |deferred maintenance funds. |
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|Comments: | |
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Purpose of the bill . Existing law expresses the Legislature's
recognition that all pupils enrolled in the state public schools
have the inalienable right to attend classes on school campuses
that are safe, secure, and peaceful. The author states, "State
law does not require charter schools to meet the same minimum
health and safety standards required at regular public schools.
As a result, students are potentially at risk in charter schools
around the state." While no information on charter school
safety was provided by the author, it can be argued that if the
state feels strongly enough about various health and safety
measures to extend the requirements to private schools, the
state should certainly extend the measures to charter schools,
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which are funded with public dollars.
According to the sponsor, the California Teachers Association
(CTA), the health and safety sections specified in the bill were
identified through a memorandum by the California Law Revision
Commission (CLRC), an independent state agency that provides
assistance to the Legislature and the Governor by examining
state laws and making recommendations for reform. ACR 49
(Evans), Resolution Chapter 98, Statutes of 2009, directed the
CLRC to analyze the legal and policy implications of treating a
charter school as a public entity for the purposes of
governmental liabilities under the Government Claims Act. The
CLRC has been meeting since December 2009 and has produced a
number of memorandums that discuss issues related to whether a
charter school is a public entity for the purposes of laws that
govern public entities.
In citing EC sections, including those referenced in this bill
that establish health and safety standards and requirements,
compared with the charter school requirement to develop health
and safety procedures in its charter petition, Memorandum
2011-17, dated March 25, 2010, states that .."health and safety
regulation would not be as effective a check on policy decisions
in a charter school, as it would in a traditional public school.
As compared to a traditional public school, a charter school
would have broader discretion to adopt policies that present
risks to student health and safety." The Memorandum further
notes that, when coupled with the contention that charter
schools are not subject to open meeting laws, "charter school
policy makers might tolerate higher levels of risk than they
would if their decision making process was open to public
scrutiny." However, in response to a letter submitted by an
attorney on behalf of the California Charter Schools Association
(CCSA) disputing the statements made in Memorandum 2011-17 and
urging the CLRC to address only the issue of whether charter
schools that are organized as nonprofit corporations should be
considered public entities only under the Government Claims Act,
CLRC staff issued a second supplement to Memorandum 2011-17,
dated April 17, 2011, stating that it agrees with the CCSA that
making a recommendation on whether charter schools should be
subject to health and safety laws applied to public schools may
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exceed the CLRC's authority. It is appropriate for the
Legislature to make such determinations.
Legislative Analyst report . This bill requires the Legislative
Analyst to report to the Legislature on the accuracy of data
reported by charter schools with respect to violent incidents on
campus. It is unclear what data the Legislative Analyst is
required to study. Charter schools are required to report
suspension/expulsion data. If the author and sponsor intends
for the evaluation to focus on suspension/expulsion data, the
bill should be amended to specify that. However, evaluating the
efficiencies of processes and accuracy of information is more a
function of the Bureau of State Audit. Rather than require the
Legislative Analyst to conduct this evaluation, the author
should make this request through the Joint Legislative Audit
Committee.
Arguments in Support . The CTA states, "We believe charter
schools play a role in California's educational system by
providing students, parents and CTA members with educational
opportunities in the public school setting. Additionally, it is
our belief that the establishment of charter schools should seek
to improve student learning and should encourage the use of
different and innovative teaching methods. However, a lack of a
fire alarms and/or accessible bathrooms do not constitute
innovative pedagogy. CTA believes that healthy children learn
better and that all school employees should be safe from
physical attack on their persons or their property. Perhaps
most important, CTA believes that local school districts and
state agencies must take all necessary steps to make schools
safe for teachers and students."
Arguments in Opposition . The CCSA opposes the bill unless it is
amended. CCSA states:
"CCSA has seen no examples of problems in charter schools
regarding health and safety to which AB 269 responds. Charter
schools are statutorily obligated, pursuant to their charter
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petition, to provide for the health and safety of their students
and staff. That obligation is monitored by their authorizers
(generally, school districts) to ensure the school complies. In
fact, a charter school that violates its charter petition,
including the health and safety of its students and staff, risks
losing its charter; that is a hammer that exceeds any other
enforcement tool.
"However, as this committee is aware, CCSA has been amenable to
strengthening the law relative to a charter school's safety
plans. AB 2501 last year and SB 755 this year, both authored by
Senator Lieu, would include charter schools in the school safety
plan statute. CCSA has agreed with Senator Lieu that the health
and safety standard should be rewritten to cross-reference the
specific elements of the safety plan delineated in Section 32282
of the Education Code."
Committee amendments :
1)Delete the provision on the School Safety Violence Protection
Act (EC Section 35294.10).
2)Strike Section 1 of the bill requiring the Legislative Analyst
to verify charter school data.
Related legislation . AB 925 (Lara), pending in this Committee,
requires a charter school to comply with existing statute
governing school district employees, as specified.
SB 433 (Liu), pending in the Senate Education Committee,
requires a charter school to comply with existing law regarding
the suspension and expulsion of pupils.
SB 755 (Lieu), pending in the Senate Education Committee,
extends the requirement to development a school safety plan to
charter schools, among other requirements.
Prior related legislation . AB 2501 (Lieu), held by the author in
this Committee in 2010, was similar to SB 755.
REGISTERED SUPPORT / OPPOSITION :
Support
California Teachers Association (sponsor)
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California School Employees Association
San Francisco Unified School District
Opposition
California Charter Schools Association (unless amended)
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087