AB 1032,
as amended, Gordon. Charter schools:begin delete facilities: disputes.end deletebegin insert facilities.end insert
Existing lawbegin insert, the Smaller Classes, Safer Schools, and Financial Accountability Act,end insert requires that each school district make available to each charter school operating in the school district facilities sufficient for the charter school to accommodate all of the charter school’s in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the district.begin insert Existing law provides that it is the intent of the people that public school facilities should be shared fairly among all public school pupils, including those in charter schools.end insert Existing law authorizesbegin delete theend deletebegin insert
aend insert school district to chargebegin delete theend deletebegin insert aend insert charter school a pro rata share of the school district facilities costs that the school district pays for with unrestricted general fund revenues.
This bill would provide that the Legislature finds and declares that it is in the public interest that parties to school facilities disputes that arise out of the above provisions be encouraged to seek resolution through mediation prior to seeking relief in a court of law. The bill would require a mediation conference to be scheduled in a timely manner and held at a time and place reasonably convenient to the parties of the dispute.
end deleteThis bill would require a school district to give the same degree of consideration to pupils attending schools operated by the school district as pupils attending charter schools, for purposes of determining appropriate facilities to offer to eligible charter schools. The bill would require the school district to consider certain things when allocating reasonably equivalent facilities to charter schools, including the impact of the facilities offer on students attending schools operated by the school district and the in-district students attending, or proposed to attend, the charter school, as provided. The bill would state that a school district is not required to provide additional facilities to a charter school if the charter school owns or leases facilities that are able to accommodate in-district students in conditions reasonably equivalent to those in which the in-district students would be accommodated if they were attending public schools of the district, as provided. By imposing new requirements on school districts, the bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis 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.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 47614.1 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert
(a) Pursuant to Section 47614, in exercising its
4discretion in determining appropriate facilities to offer to eligible
5charter schools operating within a school district, a school district
6shall give the same degree of consideration to pupils attending
7schools operated by the school district as pupils attending charter
8schools. To ensure that facilities are shared fairly among all public
9school pupils, including those in charter schools, in allocating
10reasonably equivalent facilities to charter schools operating within
11the school district, a school district shall consider the following:
P3 1(1) The impact of the facilities offer on students attending
2schools operated by the school district and the in-district students
3attending, or proposed to
attend, the charter school. In considering
4this impact, the school district shall do the following:
5 (A) Seek to minimize disruption to the educational program of
6students attending schools operated by the school district and the
7in-district students attending, or proposed to attend, the charter
8school.
9(B) Not displace students attending schools operated by the
10school district from their current schools or unnecessarily disrupt
11their educational program.
12(2) The useable space at the comparison school sites operated
13by the school district as well as all useable space at facilities owned
14or leased by the charter school when considering reasonably
15equivalent facilities to be allocated to a charter school. For
16purposes of determining conditions reasonably equivalent for the
17charter school’s in-district students, useable
space shall not include
18space that cannot be used for educational purposes due to safety
19concerns, topography, lack of improvement, or other conditions.
20The school district shall also exclude from its consideration space
21that is not used by the school district for instructional purposes
22and space that is used solely by private organizations to provide
23services with nonschool district resources.
24(b) A school district is not required to provide additional
25facilities to a charter school if the charter school owns or leases
26facilities for the year for which it seeks allocation of facilities and
27the owned or leased facilities are able to accommodate in-district
28students in conditions reasonably equivalent to those in which the
29in-district students would be accommodated.
30(c) In evaluating a facilities request or formulating a facilities
31offer, arithmetical precision is not required.
Instead, the school
32district shall use reasonable good faith methods to evaluate a
33facility request or formulate a facilities offer.
begin insertThe Legislature finds and declares that Section 1 of
35this act does not change the scope or effect of, andend insertbegin insert furthers the
36purposes of, the Smaller Classes, Safer Schools, and Financial
37Accountability Act because it ensures that public school facilities
38are shared fairly among all public school pupils.end insert
If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P4 1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.
Section 47614.1 is added to the Education Code,
5to read:
(a) The Legislature finds and declares that it is in the
7public interest that parties to school facilities disputes originating
8from Section 47614 be encouraged to seek resolution through
9mediation prior to seeking relief in a court of law. The prehearing
10mediation conference may be an informal process conducted in a
11nonadversarial atmosphere to resolve issues relating to school
12facilities disputes originating from Section 47614, to the
13satisfaction of both parties. Therefore, attorneys or other
14independent contractors used to provide legal advocacy services
15shall not attend or otherwise participate in the prehearing mediation
16conference.
17(b) This section does not preclude the parties to the dispute from
18being accompanied and advised by
nonattorney representatives in
19the mediation conferences and consulting with an attorney prior
20to or following a mediation conference.
21(c) If the mediation conference fails to resolve the issues to the
22satisfaction of all parties, either party may seek relief in a court of
23law.
24(d) A mediation conference held pursuant to this section shall
25be scheduled in a timely manner and shall be held at a time and
26place reasonably convenient to the parties to the dispute.
O
98