BILL NUMBER: SB 958 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2012
AMENDED IN SENATE FEBRUARY 27, 2012
INTRODUCED BY Senator Rubio
JANUARY 10, 2012
An act to add Section 47612.3 to Chapter 7
(commencing with Section 37800) to Part 22 of Division 3 of Title 2
of the Education Code, relating to charter
schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 958, as amended, Rubio. Charter schools.
Schools: well-equipped classrooms.
(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.
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 by the charter school, as specified, thereby imposing a
state-mandated local program.
(1) Existing law requires the governing board of a school district
to determine whether each pupil in each school in the district has
sufficient textbooks or instructional materials, or both, that are
aligned to the content standards adopted by the State Board of
Education.
Existing law requires the State Department of Education to
establish standards for use by school districts to ensure that the
design and construction of school facilities are educationally
appropriate and promote school safety.
Existing law requires a school district to have a current 3- to
5-year education technology plan as a precondition to receiving a
technology grant administered by the department. Existing law
requires the Superintendent of Public Instruction to develop
guidelines and criteria for inclusion in the required education
technology plan and to ensure that each school district has access to
technical assistance and an approved online technology plan builder
that the department determines is in compliance with state and
federal requirements.
This bill would require the State Board of Education, by January
31, 2014, to establish definitions for well-equipped classrooms,
which would reflect the materials and environment that are required
for a classroom to be in alignment with the common core standards and
would require the state board to update the definitions every 2
years. The bill would require the governing board of a school
district and a county board of education to complete a thorough
survey of each of their classrooms to determine whether the
classrooms can be certified as being well-equipped classrooms. The
bill would require a governing board of a school district and a
county board of education to report the results of the survey to the
department and include those results on the Internet Web site of the
school district or county office of education. The bill would require
the governing board of a school district and the county board of
education to certify at least a designated percentage of the
classrooms under their jurisdiction as well-equipped in accordance
with a prescribed schedule. The bill would require the department
annually to review and audit the certifications to ensure compliance
with requirements. The bill would require the department to notify
parents of pupils enrolled in a noncompliant school or school
district of the noncompliance within 2 weeks of the department's
determination of noncompliance.
Because the bill would establish new duties for school districts
and county offices of education, it would constitute a state-mandated
local program.
(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. Chapter 7 (commencing with Section
37800) is added to Part 22 of Division 2 of Title 2 of the
Education Code , to read:
CHAPTER 7. WELL-EQUIPPED CLASSROOMS
37800. As used in this chapter, the following terms have the
following meanings:
(a) "Certified" means a formal assurance by a governing body.
(b) "Classroom" means any single location in which pupils are
taught, including any physical location or through a digital learning
environment supported by a school or district.
(c) "Governing body" means the governing board of a school
district and a county board of education.
37805. (a) A well-equipped classroom shall reflect the materials
and environment that are required for a classroom to be in alignment
with the common core standards. The state board shall adopt
regulations defining well-equipped classrooms for each subject and
grade. The definition of a well-equipped classroom shall include all
items that are used for instructional purposes in an appropriate
learning environment and detail the specific supports required in
each separate learning environment to maximize pupil learning and
provide appropriate support to teachers in the delivery of
instruction.
(b) Before adopting the regulations, the state board shall survey
a wide range of instructional personnel from each subject and grade
and shall hold at least two public hearings. The state board shall
adopt initial regulations by January 31, 2014, and shall update the
regulations every two years. Before each update, the state board
shall survey a wide range of instructional personnel from each
subject and grade and shall hold at least two public hearings.
(c) The definition of a well-equipped classroom shall include all
expendable and nonexpendable items that are used for instructional
purposes in an appropriate learning environment and a detailed list
that includes, but is not limited to, all of the following classroom
supports specific to each subject and grade:
(1) Instructional materials, including any textbooks, workbooks,
pupil handouts, and other direct instructional support aligned to
state and local standards.
(2) Technology, including hardware and software, designed to
deliver instructional support specific to state standards or
classroom objectives.
(3) Supplemental resources, including classroom materials that
assist teachers in differentiating learning and diversifying delivery
through tactical, auditory, visual, and kinesthetic senses.
(4) Appropriate physical room condition, including furniture,
paint, desks, lighting, acoustics, climate control, indoor air
quality, and other materials intended to support a clean, healthy,
and comfortable learning environment for pupils.
(5) Supplemental pupil supplies for independent or classroom work,
including paper, notebooks, folders, pencils, and other related
materials.
(6) Schedules for the replacement of resources, timelines for the
return of certification reviews, and other implementation matters
pertaining to this chapter.
37810. (a) By August 15, 2014, and two weeks before the first day
of regular instruction of each school year, a governing body shall
complete a thorough survey of each of its classrooms to determine
whether the classrooms can be certified as being well-equipped
classrooms and shall review the findings of the survey and certify
individual classrooms by subject, grade, and school.
(b) A governing body shall report the results of the survey,
including a list of well-equipped classrooms and the overall
percentage of the number of well-equipped classrooms, to the
department and include those results on the Internet Web site of the
school district or county office of education in a format that is
readily accessible to parents and community members. If a school
district or county office of education does not have an Internet Web
site, the school district or county office shall use other means to
ensure that the results are made available to the parents and
community members.
37815. (a) The governing body shall ensure that each school under
its jurisdiction meets or exceeds the following requirements:
(1) By August 15, 2014, at least 35 percent of classrooms in a
school shall be certified as well-equipped classrooms.
(2) By August 15, 2015, at least 70 percent of classrooms in a
school shall be certified as well-equipped classrooms.
(3) By August 15, 2016, 100 percent of classrooms in a school
shall be certified as well-equipped classrooms.
(b) When the state board updates the regulations defining a
well-equipped classroom, a governing body shall have one year to
certify classrooms based on updated regulations.
(c) If the updated definitions of a well-equipped classroom
adopted by the state board create a significant fiscal burden to
certify classrooms within two years, the state board may extend the
timeline for classrooms to become certified as being well-equipped
classrooms in any one grade or subject.
37820. The department annually shall review and audit the results
of surveys reported by governing bodies to ensure compliance with
Section 37815 and the definitions of well-equipped classrooms. Within
two weeks of its determination of noncompliance, the department
shall notify parents of pupils enrolled in a noncompliant school or
school district of the noncompliance.
SECTION 1. Section 47612.3 is added to the
Education Code, to read:
47612.3. 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 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.
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.