California Legislature—2013–14 Regular Session

Assembly Bill No. 2240

Introduced by Assembly Member Grove

February 21, 2014

An act to amend Section 47607 of the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 2240, as introduced, Grove. Charter schools.

The Charter Schools Act of 1992 specifies the procedures for the submission, review, and approval or denial of a petition to establish a standard or countywide charter school, and authorizes a charter to be granted for a period not to exceed 5 years. The act also authorizes the chartering authority of a charter school to grant one or more subsequent renewals for 5-year periods if the charter school meets specified requirements.

This bill would make nonsubstantive changes to those provisions, including, among others, updating cross-references.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 47607 of the Education Code is amended
to read:

47607.  

(a) (1) A charter may be granted pursuant to Sections
47605, 47605.5, and 47606 for a period not to exceed five years.
A charter granted by begin insert the governing board of end insert a school district
begin delete governing board end delete , a county board of education, or the state board
may be granted one or more subsequent renewals by that entity.
Each renewal shall be for a period of five years. A material revision
of the provisions of a charter petition may be made only with the
approval of the authority that granted the charter. The begin insert chartering end insert
authority begin delete that granted the charter end delete may inspect or observe any part
of the charter school at any time.

(2) Renewals and material revisions of charters are governed
by the standards and criteria in Section 47605, and shall include,
but not be limited to, a reasonably comprehensive description of
any new requirement of charter schools enacted into law after the
charter was originally granted or last renewed.

(3) (A) The begin insert chartering end insert authority begin delete that granted the charter end delete shall
consider increases in pupil academic achievement for all groups
of pupils served by the charter school as the most important factor
in determining whether to grant a charter renewal.

(B) For purposes of this section, “all groups of pupils served
by the charter school” means a numerically significant pupil
subgroup, as defined by paragraph (3) of subdivision (a) of Section
52052, served by the charter school.

(b) Commencing on January 1, 2005, or after a charter school
has been in operation for four years, whichever date occurs later,
a charter school shall meet at least one of the following criteria
before receiving a charter renewal pursuant to paragraph (1) of
subdivision (a):

(1) Attained its Academic Performance Index (API) growth
target in the prior year or in two of the last three years both
schoolwide and for all groups of pupils served by the charter
school.

(2) Ranked in deciles 4 to 10, inclusive, on the API in the prior
year or in two of the last three years.

(3) Ranked in deciles 4 to 10, inclusive, on the API for a
demographically comparable school in the prior year or in two of
the last three years.

(4) (A) The begin delete entity that granted the charter end delete begin insert chartering authority end insert
determines that the academic performance of the charter school is
at least equal to the academic performance of the public schools
that the charter school pupils would otherwise have been required
to attend, as well as the academic performance of the schools in
the school district in which the charter school is located, taking
into account the composition of the pupil population that is served
at the charter school.

(B) The determination made pursuant to this paragraph shall be
based upon all of the following:

(i) Documented and clear and convincing data.

(ii) Pupil achievement data from assessments, including, but
not limited to, the begin delete Standardized Testing and Reporting Program end delete
begin insert Measurement of Academic Performance and Progress program end insert
established by Article 4 (commencing with Section 60640) of
Chapter 5 of Part 33 for demographically similar pupil populations
in the comparison schools.

(iii) Information submitted by the charter school.

(C) A chartering authority shall submit to the Superintendent
copies of supporting documentation and a written summary of the
basis for begin delete any end delete begin insert a end insert determination made pursuant to this paragraph.
The Superintendent shall review the materials and make
recommendations to the chartering authority based on that review.
The review may be the basis for a recommendation made pursuant
to Section 47604.5.

(D) A charter renewal may not be granted to a charter school
prior to 30 days after that charter school submits materials pursuant
to this paragraph.

(5) Qualified for an alternative accountability system pursuant
to subdivision begin delete (h) end delete begin insert (g) end insert of Section 52052.

(c) (1) A charter may be revoked by the authority that granted
the charter under this chapter if the begin insert chartering end insert authority finds,
through a showing of substantial evidence, that the charter school
did any of the following:

(A) Committed a material violation of any of the conditions,
standards, or procedures set forth in the charter.

(B) Failed to meet or pursue any of the pupil outcomes identified
in the charter.

(C) Failed to meet generally accepted accounting principles, or
engaged in fiscal mismanagement.

(D) Violated any provision of law.

(2) The begin insert chartering end insert authority begin delete that granted the charter end delete shall
consider increases in pupil academic achievement for all groups
of pupils served by the charter school as the most important factor
in determining whether to revoke a charter.

(d) Before revocation, the begin insert chartering end insert authority begin delete that granted the
charter end delete shall notify the charter school of begin delete any end delete begin insert a end insert violation of this
section and give the school a reasonable opportunity to remedy
the violation, unless the begin insert chartering end insert authority determines, in writing,
that the violation constitutes a severe and imminent threat to the
health or safety of the pupils.

(e) Before revoking a charter for failure to remedy a violation
pursuant to subdivision (d), and after expiration of the school’s
reasonable opportunity to remedy without successfully remedying
the violation, the chartering authority shall provide a written notice
of intent to revoke begin insert the charter end insert and notice of facts in support of
revocation to the charter school. No later than 30 days after
providing the notice of intent to revoke a charter, the chartering
authority shall hold a public hearing, in the normal course of
business, on the issue of whether evidence exists to revoke the
charter. No later than 30 days after the public hearing, the
chartering authority shall issue a final decision to revoke or decline
to revoke the charter, unless the chartering authority and the charter
school agree to extend the issuance of the decision by an additional
30 days. The chartering authority shall not revoke a begin delete charter, end delete begin insert charter end insert
unless it makes written factual findings supported by substantial
evidence, specific to the charter school, that support its findings.

(f) (1) If a school district is the chartering authority and it
revokes a charter pursuant to this section, the charter school may
appeal the revocation to the county board of education within 30
days following the final decision of the chartering authority.

(2) The county board of education may reverse the revocation
decision if the county board of education determines that the
findings made by the chartering authority under subdivision (e)
are not supported by substantial evidence. The school district may
appeal the reversal to the state board.

(3) If the county board of education does not issue a decision
on the appeal within 90 days of receipt, or the county board of
education upholds the revocation, the charter school may appeal
the revocation to the state board.

(4) The state board may reverse the revocation decision if the
state board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence. The state board may uphold the revocation decision of
the school district if the state board determines that the findings
made by the chartering authority under subdivision (e) are
supported by substantial evidence.

(g) (1) If a county office of education is the chartering authority
and the county board of education revokes a charter pursuant to
this section, the charter school may appeal the revocation to the
state board within 30 days following the decision of the chartering
authority.

(2) The state board may reverse the revocation decision if the
state board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence.

(h) If the revocation decision of the chartering authority is
reversed on appeal, the begin delete agency end delete begin insert entity end insert that granted the charter shall
continue to be regarded as the chartering authority.

(i) During the pendency of an appeal filed under this section, a
charter school, whose revocation proceedings are based on
subparagraph (A) or (B) of paragraph (1) of subdivision (c), shall
continue to qualify as a charter school for funding and for all other
purposes of this part, and may continue to hold all existing grants,
resources, and facilities, in order to ensure that the education of
pupils enrolled in the school is not disrupted.

(j) Immediately following the decision of a county board of
education to reverse a decision of a school district to revoke a
charter, the following shall apply:

(1) The charter school shall qualify as a charter school for
funding and for all other purposes of this part.

(2) The charter school may continue to hold all existing grants,
resources, and facilities.

(3) Any funding, grants, resources, and facilities that had been
withheld from the charter school, or that the charter school had
otherwise been deprived of use, as a result of the revocation of the
charter shall be immediately reinstated or returned.

(k) A final decision of a revocation or appeal of a revocation
pursuant to subdivision (c) shall be reported to the chartering
authority, the county board of education, and the department.