AB 1032, as amended, Gordon. Charter schools: facilities.
Existing law, the Smaller Classes, Safer Schools, and Financial Accountability Act, 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. 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. Existing law authorizes a school district to charge a 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 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 pupils 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.
begin insertThis bill would state certain legislative findings and declarations regarding the Smaller Classes, Safer Schools, and Financial Accountability Act and the provision of school facilities to charter schools.
end 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.
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 47614.1 is added to the Education Code,
2to read:
(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
P3 1the school district, a school district shall consider both of the
2following:
3(1) The impact of the facilities offer on pupils attending schools
4operated
by the school district and the in-district students attending,
5or proposed to attend, the charter school. In considering this impact,
6the school district shall do both of the following:
7(A) Seek to minimize disruption to the educational program of
8pupils attending schools operated by the school district and the
9in-district students attending, or proposed to attend, the charter
10school.
11(B) Not unnecessarily move pupils attending district schools
12from their current schools.
13(2) The useable space at the comparison schoolsites operated
14by the school district as well as all useable space at facilities owned
15or leased by the charter school when considering reasonably
16equivalent facilities to be allocated to a charter school. For
purposes
17of determining conditions reasonably equivalent for the charter
18school’s in-district students, useable space shall not include space
19that cannot be used for educational purposes due to safety concerns,
20topography,begin insert orend insert lack of improvementbegin delete, or other conditionsend delete. The
21school district shall also exclude from its consideration classrooms,
22specialized classrooms, and nonteaching space at the comparison
23schoolsites that are not provided by the school district to district
24pupils, and shall exclude space at the comparison schoolsites that
25is used solely by private organizations to provide services with
26nonschool district resources, when determining conditions
27reasonably equivalent for the charter school’s in-district students.
28begin insert
Space used solely by private organizations shall be excluded only
29for purposes of evaluating the kind of space provided by the school
30district to district pupils when determining conditions reasonably
31equivalent for the charter school’s in-district students. School
32districts shall not be prevented from allocating space used solely
33by private organizations to charter schools as part of the facilities
34offer.end insert
35(b) A school district is not required to provide additional
36facilities to a charter school if the charter school owns or leases
37facilities for the year for which it seeks allocation of facilities and
38the owned or leased facilities are able to accommodate in-district
39students in conditions reasonably equivalent to those in which the
40in-district students would be accommodated.
P4 1(c) In evaluating a facilities request or formulating a facilities
2offer, arithmetical precision is not required. Instead, the school
3district shall use reasonable good faith methods to evaluate a
4facility request or formulate a facilities offer.
The Legislature finds and declaresbegin delete that Sectionend deletebegin insert all of
6the following:end insert
7begin insert(a)end insertbegin insert end insertbegin insertSectionend insert 1 of this act does not change the scope or effect of,
8and furthers the purposes of, the Smaller Classes, Safer Schools,
9and Financial Accountability Act because it ensures that public
10school facilities are shared fairly among all public school
pupils.
11(b) School districts and charter schools spend a large amount
12of time and money in legal disputes over the determination of
13“reasonably equivalent” and “arithmetical precision” in regards
14to school facilities.
15(c) Protracted litigation over school facilities does not benefit
16public school pupils in either a district-operated school or a
17charter school.
18(d) Section 1 of this act does not excuse the obligation that a
19school district has to provide school facilities to serve a charter
20school’s in-district students, pursuant to the Smaller Classes, Safer
21Schools, and Financial Accountability Act.
22(e) It is in the public interest to provide
fairness to all public
23school pupils regardless of whether the pupil attends a
24district-operated school or a charter school.
If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
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