BILL ANALYSIS �
AB 917
Page 1
Date of Hearing: April 3, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 917 (Bradford) - As Introduced: February 22, 2013
SUBJECT : Charter schools: authorization: petition: signatures.
SUMMARY : Requires a charter school petition to include
signatures from at least 50% of the total number of
nonsupervisorial certificated and classified employees the
petitioner estimates that will be employed by the charter school
in the first year of operation; requires a conversion charter
school petition to include at least 50% of the total number of
nonsupervisorial certificated and classified employees currently
employed at the school that is to be converted to a charter
school; and, requires the signature petition to prominently
display a statement that the classified employee has a
meaningful interest in working at the charter school.
EXISTING LAW :
1)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 state
board of education (SBE). 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.
2)Requires a petition seeking to establish a new charter school
to include signatures of at least one half of the parents or
guardians of students that the petitioner expects to enroll in
the charter school in the first year of operation, or
signatures by a number of teachers that is equal to at least
half the teachers estimated to be employed at the charter
school in the first year of operation.
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3)Requires a petition seeking to convert an existing public
school to a charter school, to include the signatures of no
less than 50% of the permanent status teachers employed at the
public school proposed to be converted to a charter school.
4)Requires the charter school signature petition to prominently
display a statement that the signatures represent that either
the parents have a meaningful interest in having their child
attend the charter school, or the teachers have a meaningful
interest in teaching at the charter school.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, in an analysis of a substantially similar bill, 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 : According to the California Department of Education
(CDE), the 2012-13 count of operating charter schools is 1,062
which includes three statewide benefit charters and 33 SBE
approved charters, with student enrollment of more than 456,000
in the state. 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
boards, county boards of education or the state board of
education. A charter school is generally exempt from most laws
governing school districts, except where specifically noted in
the law. Specific goals and operating procedures for the
charter school are detailed in an agreement (or "charter")
between the sponsoring board and charter organizers.
Background on Classified Employees . This bill requires charter
school petitions to include 50% of the nonsupervisorial
certificated and classified employees the charter school
estimates will be employed by the charter school; and, requires,
for a conversion charter school petition, 50% of the
nonsupervisorial certificated and classified employees currently
employed at the school to be converted. Existing law requires
conversion charter school petitions to attain signatures from
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50% of the permanent status teachers that currently work at a
school to be converted. According to the author, the provisions
of this bill achieve parity with regard to the signatures
required from permanent teachers by requiring signatures from
permanent classified staff, who are also at risk of losing their
jobs.
Would this make petitioning for a charter school more difficult ?
Requiring classified staff to sign a conversion charter school
petition will raise the number of total signatures required for
the petition. The number of classified staff at an individual
schoolsite varies greatly depending on the type of school, size
of school and resources at the schoolsite. Therefore, it is
difficult to assess whether attaining these additional
signatures will be a difficult barrier for a conversion charter
school petition. One could estimate that on a given schoolsite,
this signature requirement could vary from as few as three
signatures to nearly 60 signatures, in addition to the
signatures required for teachers. According to the Service
Employees International Union (SEIU), the number of classified
staff changes from schoolsite to schoolsite, depending on their
need for aides for English language learners and special
education students. In addition, some schools have paid
security personnel and playground supervisors, while some do
not. It is very hard to have an exact number because classified
staffing is driven on an as needed basis and funding basis. The
committee should consider how including classified employees in
the signature requirement will make the conversion petition
process more difficult.
According to the author, classified employees play a crucial
role in the safety and functionality of schools across the
state, including charter schools. Despite their positive impact,
current law excludes classified employees from taking part in
the petition process to establish a charter school. Petitions
for new charter schools must include signatures of at least 50%
of the parents or guardians of students expected to enroll in
the charter school in the first year of operation, or signatures
at least half the teachers estimated to be employed at the
charter school in the first year of operation. Petitions seeking
to convert an existing public school to a charter school must
include the signatures of no less than 50% of the permanent
status teachers employed at the public school proposed to be
converted to a charter school. AB 917 would expand the existing
charter school signature requirement to include classified
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employees along with teachers. The bill does not increase the
existing percentage of signatures needed, it simply expands the
pool of potential signatories to include classified workers.
Classified employees have proven their commitment throughout the
years to the students, parents, and teachers of charter schools.
This bill would merely recognize their role.
Arguments in Support : According to the Service Employees
International Union, "Classified employees do the essential work
that keeps our public schools up and running. These extraordinary
workers keep our campuses safe, clean and efficient. Most
importantly, they strive to improve the lives of our students
every day. Despite the important role classified employees play
in our schools, they are currently left without a voice in the
charter petition process."
Previous legislation : AB 86 (Mendoza) from 2011, which is
nearly identical to this bill and was vetoed by the Governor
with the following message:
Charter schools are a small but important part of the
California public school system. They vary by size,
mission, governing structure and educational
philosophy. Their purpose is to allow parents,
teachers and other interested citizens to form public
schools outside the more detailed regulatory framework
of the regular school system. They are profoundly
difficult to establish and even more difficult to
maintain and grow in excellence. Having started two
myself, I know whereof I speak. Notwithstanding the
important contributions classified staff make to the
operation of a school, this bill would unnecessarily
complicate an already difficult charter school
petition process. I believe the existing law is tough
enough.
AB 2363 (Mendoza) from 2010, which is nearly identical to this
bill and failed passage in the Senate Education Committee,
required, in addition to the existing signature requirements, a
charter school petition to include signatures from at least 50%
of the number of classified employees the petitioner estimates
that will be employed by the charter school in the first year of
operation; required a conversion charter school petition to
include 50% of the permanent classified employees currently
employed at the school that is to be converted to a charter
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school; and, required the signature petition to prominently
display a statement that the classified employee has a
meaningful interest in working at the charter school.
REGISTERED SUPPORT / OPPOSITION :
Support
Service Employees International Union
California Charter School Association
California School Employees Association
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087