BILL NUMBER: SB 958	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 27, 2012

INTRODUCED BY   Senator Rubio

                        JANUARY 10, 2012

   An act to add Section 47612.3 to the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 958, as amended, Rubio. Charter schools.
   (1) Existing law requires a petition to establish a charter school
to contain a reasonably comprehensive description of admissions
requirements, if applicable, and the means by which the school will
achieve a racial and ethnic balance among its pupils that is
reflective of the general population residing within the territorial
jurisdiction of the school district to which the charter petition is
submitted. Existing law requires a charter school to admit all pupils
who wish to attend the school. Existing law authorizes a charter
school with a schoolsite physically located in the attendance area of
a public elementary school in which 50% or more of the pupil
enrollment is eligible for free or reduced price meals to give a
preference in admissions to pupils who are currently enrolled in that
public elementary school and to pupils who reside in the elementary
school attendance area where the charter schoolsite is located.
   Existing law authorizes a charter school to be deemed a local
educational agency for purposes of special education funding or to be
deemed a public school of the local educational agency that granted
the charter for those purposes. Existing law requires that
individuals with exceptional needs attending charter schools be
served in the same manner as individuals with exceptional needs are
served in other public schools. 
   Existing law requires each school district or county
superintendent of schools to provide to each needy pupil one
nutritionally adequate free or reduced price meal during each
schoolday. 
   This bill would require that all special education and related
services for an individual with exceptional needs who is enrolled in
a charter school  that offers classroom-based instruction, as
defined,  be provided  on the site of   by
 the charter school  , as specified , thereby imposing
a state-mandated local program.  The bill would require a
charter school to establish a food service program to provide free
and reduced price meals to eligible pupils enrolled in the charter
school, thereby imposing a state-mandated local program. The bill
would prohibit the attendance policies of a charter school from
discriminating against pupils who are migrants. 
   (2) 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 47612.3 is added to the Education Code, to
read:
   47612.3.   (a)    If an
individual with exceptional needs is enrolled in a charter school
 that offers classroom-based instruction, as defined in
subdivision (e) of Section 47612.5  , all special education and
related services required by the pupil's individualized education
program shall be provided  on the site of   by
 the charter school  through a special education local plan
area established by the charter school, or the charter school shall
join a special education local plan area located within the
geographical region where the charter school is located and the pupil
resides, and the services provided by the regional special education
local plan area shall mirror the services that the regional special
education local plan area provides to pupils attending noncharter
public schools  . 
   (b) A charter school shall establish a food service program to
provide free and reduced price meals to eligible pupils enrolled in
the charter school.  
   (c) The attendance policies of a charter school shall not
discriminate against pupils who are migrants. 
  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.