Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2240

Introduced by Assembly Member Grove

February 21, 2014

begin delete An act to amend Section 47607 of the Education Code, relating to charter schools. end delete begin insert An act to amend Sections 35035, 44955, 44956, and 44957 of the Education Code end insert begin insert , relating to elementary and secondary education. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2240, as amended, Grove. begin delete Charter schools. end delete begin insert Elementary and secondary education: school employees. end insert

begin insert

Existing law requires the superintendent of each school district to assign employees employed in positions requiring certification qualifications to positions in which they are to serve, subject to the approval of the governing board of the school district. Existing law provides that the power of the superintendent of a school district to assign includes the power to transfer a teacher from one school to another school, as prescribed, when the superintendent concludes the transfer is in the best interest of the school district.

end insert begin insert

This bill would instead provide that the power of the superintendent of a school district to assign includes the power to transfer a teacher when the superintendent concludes the transfer is in the best interest of the pupils. The bill would declare that it is the intent of the Legislature that if the amendments to this provision conflict with a collective bargaining agreement entered into between a public employer and an exclusive bargaining representative, the amendments shall not apply to the public employers or public employees subject to that agreement.

end insert begin insert

Under existing law, when school employees are terminated pursuant to a reduction in workforce, a school district is generally required to terminate the employees in order of seniority. Existing law further provides those employees with a preferred right to reappointment and an opportunity for substitute service in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons, including to maintain or achieve compliance with constitutional requirements related to equal protection of the laws.

end insert begin insert

This bill would authorize a school district to deviate from the general requirement that terminations and reappointments occur in order of seniority in order to maintain or achieve compliance with constitutional requirements related to equal protection of the law as it applies to pupils.

end insert begin insert

The bill would also make nonsubstantive changes.

end insert begin delete

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.

end delete begin delete

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

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 35035 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

35035.  

The superintendent of each school district shall, in
addition to other powers and duties granted to or imposed upon
him or her:

(a) Be the chief executive officer of the governing board of the
school district.

(b) Except in a school district where the governing board begin insert of the
school district end insert has appointed or designated an employee other than
the superintendent, or a deputy, or assistant superintendent, to
prepare and submit a budget, prepare and submit to the governing
board of the school district, at the time it may direct, the budget
of the school district for the next ensuing school year, and revise
and take other action in connection with the budget as the
governing board of the school district may desire.

(c) Be responsible for the preparation and submission to the
governing board of the school district, at the time the governing
board may direct, the local control and accountability plan of the
school district for the subsequent school year, and revise and take
other action in connection with the local control and accountability
plan as the governing board of the school district may desire.

(d) Except in a school district where the governing board begin insert of the
school district end insert has appointed or designated an employee other than
the superintendent, or a deputy, or assistant superintendent, ensure
that the local control and accountability plan is implemented.

(e) Subject to the approval of the governing board of the school
district, assign all employees of begin delete school end delete the begin insert school end insert district employed
in positions requiring certification begin delete qualifications, end delete begin insert qualifications end insert to
the positions in which they are to serve. This power to assign
includes the power to transfer a teacher from one school to another
school at which the teacher is certificated to serve within the school
district when the superintendent concludes that the transfer is in
the best interest of begin delete the school district end delete begin insert pupils end insert .

(f) Upon adoption, by the begin insert governing board of the end insert school district
begin delete board end delete , of a school district policy concerning transfers of teachers
from one school to another school within the school district, have
authority to transfer teachers consistent with that policy.

(g) Determine that each employee of the school district in a
position requiring certification qualifications has a valid certificated
document registered as required by law authorizing him or her to
serve in the position to which he or she is assigned.

(h) Enter into contracts for and on behalf of the school district
pursuant to Section 17604.

(i) Submit financial and budgetary reports to the governing
board of the school district as required by Section 42130.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 44955 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44955.  

(a)  begin delete No end delete begin delete end delete begin insert A end insert permanent employee shall begin insert not end insert be deprived
of his or her position for causes other than those specified in
Sections 44907 and 44923, and Sections 44932 to 44947, inclusive,
and begin delete no end delete begin insert a end insert probationary employee shall begin insert not end insert be deprived of his or
her position for cause other than as specified in Sections 44948 to
44949, inclusive.

(b)  begin delete Whenever end delete begin insert (1) end insert begin insert   end insert begin insert If end insert begin insert end insert in begin delete any end delete begin insert a end insert school year the average daily
attendance in all of the schools of a begin insert school end insert district for the first six
months begin delete in which end delete begin insert that end insert school is in session shall have declined below
the corresponding period of either of the previous two school years,
begin delete whenever end delete begin insert if end insert the governing board begin insert of a school district end insert determines
that attendance in a begin insert school end insert district will decline in the following
year as a result of the termination of an interdistrict tuition
agreement as begin delete defined end delete begin insert described end insert in Section 46304, begin delete whenever end delete begin insert if end insert a
particular kind of service is to be reduced or discontinued not later
than the beginning of the following school year, or begin delete whenever end delete begin insert if end insert
the amendment of state law requires the modification of curriculum,
and begin delete when in end delete begin insert if end insert the begin delete opinion of the end delete governing board of the begin insert school end insert
district begin insert determines end insert it begin delete shall have become end delete necessary by reason of
any of these conditions to decrease the number of permanent
employees in the begin insert school end insert district, the governing board may terminate
the services of not more than a corresponding percentage of the
certificated employees of the begin insert school end insert district, permanent as well as
probationary, at the close of the school year. Except as otherwise
provided by statute, the services of begin delete no end delete begin insert a end insert permanent employee may
begin insert not end insert be terminated under begin delete the provisions of end delete this section while begin delete any end delete begin insert a end insert
probationary employee, or any other employee with less seniority,
is retained to render a service begin delete which said end delete begin insert that the end insert permanent
employee is certificated and competent to render.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert computing a decline in average daily attendance for
purposes of this begin delete section end delete begin insert subdivision end insert for a newly formed or
reorganized school district, each school of the begin insert school end insert district shall
be deemed to have been a school of the newly formed or
reorganized begin insert school end insert district for both of the two previous school
years.

begin delete

As

end delete

begin insert (3) end insert begin insert   end insert begin insert As end insert between employees who first rendered paid service to
the begin insert school end insert district on the same date, the governing board begin insert of the
school district end insert shall determine the order of termination solely on
the basis of needs of the begin insert school end insert district and the begin delete students thereof. end delete
begin insert pupils. end insert Upon the request of begin delete any end delete begin insert an end insert employee whose order of
termination is so determined, the governing board begin insert of the school
district end insert shall furnish in writing no later than five days begin delete prior to end delete
begin insert before end insert the commencement of the hearing held in accordance with
Section 44949, a statement of the specific criteria used in
determining the order of termination and the application of the
criteria in ranking each employee relative to the other employees
in the group. begin delete This end delete begin insert The end insert requirement that the governing board begin insert of the
school district end insert provide, on request, a written statement of reasons
for determining the order of termination shall not be interpreted
to give affected employees any legal right or interest that would
not exist without begin delete such a end delete begin insert the end insert requirement.

(c)  begin insert (1) end insert begin insert   end insert Notice of begin delete such end delete begin insert the end insert termination of services shall be given
before begin delete the 15th of end delete May begin delete in the manner prescribed in end delete begin insert 15 pursuant
to end insert Section 44949, and services of begin delete such end delete begin insert those end insert employees shall be
terminated in the inverse of the order in which they were employed,
as determined by the begin insert governing end insert board begin insert of the school district end insert in
accordance with the provisions of Sections 44844 and 44845. begin delete In
the event that end delete begin insert If end insert a permanent or probationary employee is not given
the notices and a right to a hearing as provided for in Section
44949, he or she shall be deemed reemployed for the ensuing
school year.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert governing board begin insert of the school district end insert shall make
assignments and reassignments in begin delete such end delete a manner that employees
shall be retained to render any service begin delete which end delete begin insert that end insert their seniority
and qualifications entitle them to render. However, begin delete prior to end delete begin insert before end insert
assigning or reassigning begin delete any end delete begin insert a end insert certificated employee to teach a
subject begin delete which end delete begin insert that end insert he or she has not previously taught, and for
which he or she does not have a teaching credential or begin delete which end delete begin insert that end insert
is not within the employee’s major area of postsecondary study or
the equivalent thereof, the governing board begin insert of the school district end insert
shall require the employee to pass a subject matter competency
test in the appropriate subject.

(d) Notwithstanding subdivision (b), a school district may
deviate from terminating a certificated employee in order of
seniority for either of the following reasons:

(1) The begin insert school end insert district demonstrates a specific need for personnel
to teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
certificated employee has special training and experience necessary
to teach that course or course of study or to provide those begin delete services,
which end delete begin insert services that end insert others with more seniority do not possess.

(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the begin delete laws. end delete
begin insert law as it applies to pupils. end insert

begin insert

begin insert SEC. end insert begin insert 3. end insert   

end insert

begin insert Section 44956 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44956.  

begin delete (a) end delete begin delete   end delete begin delete Any end delete begin insert A end insert permanent employee whose services have
been terminated as provided in Section 44955 shall have the
following rights:

begin delete

(1)

end delete

begin insert (a) end insert  For the period of 39 months from the date of begin delete such end delete
termination, begin delete any end delete begin insert an end insert employee who in the meantime has not attained
the age of 65 years shall have the preferred right to reappointment,
in the order of original employment as determined by the begin insert governing end insert
board begin insert of the school district end insert in accordance with begin delete the provisions of end delete
Sections 44831 to 44855, inclusive, if the number of employees
is increased or the discontinued service is reestablished, with no
requirements that were not imposed upon other employees who
continued in service; provided, that begin delete no end delete begin insert a end insert probationary or other
employee with less seniority shall begin insert not end insert be employed to render a
service begin delete which said end delete begin insert that the end insert employee is certificated and competent
to render. However, begin delete prior to end delete begin insert before end insert reappointing begin delete any end delete begin insert an end insert employee
to teach a subject begin delete which end delete begin insert that end insert he or she has not previously taught,
and for which he or she does not have a teaching credential or
begin delete which end delete begin insert that end insert is not within the employee’s major area of
postsecondary study or the equivalent thereof, the governing board
begin insert of the school district end insert shall require the employee to pass a subject
matter competency test in the appropriate subject.

begin delete

(2)

end delete

begin insert (b) end insert  The begin delete aforesaid end delete right to reappointment begin insert described in subdivision
(a) end insert may be waived by the employee, without prejudice, for not
more than one school year, unless the begin insert governing end insert board begin insert of the school
district end insert extends this right, but begin delete such end delete begin insert that end insert waiver shall not deprive
the employee of his begin insert or her end insert right to subsequent offers of
reappointment.

begin delete

(3)

end delete

begin insert (c) end insert  Notwithstanding begin delete paragraph (1), end delete begin insert subdivision (a), end insert a school
district may deviate from reappointing a certificated employee in
order of seniority for either of the following reasons:

begin delete

(A)

end delete

begin insert (1) end insert  The begin insert school end insert district demonstrates a specific need for personnel
to teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
employee has special training and experience necessary to teach
that course or course of study, or to provide those begin delete services, which end delete
begin insert services, that end insert others with more seniority do not possess.

begin delete

(B)

end delete

begin insert (2) end insert  For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the begin delete laws. end delete
begin insert law as it applies to pupils. end insert

begin delete

(4) As to any such

end delete

begin insert (d) end insert begin insert   end insert begin insert For an end insert employee who is reappointed, the period of his begin insert or
her end insert absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his begin insert or her end insert service, he begin insert or
she end insert shall retain the classification and order of employment he begin insert or
she end insert had begin delete when end delete begin insert at the time end insert his begin insert or her end insert services were terminated, and
credit for prior service under begin delete any end delete begin insert a end insert state or begin insert school end insert district
retirement system shall not be affected by begin delete such end delete begin insert the end insert termination,
but the period of his begin insert or her end insert absence shall not begin delete count end delete begin insert be counted end insert as
a part of the service required for retirement.

begin delete

(5)

end delete

begin insert (e) end insert  During the period of begin delete his end delete begin insert an employee’s end insert preferred right to
reappointment, begin delete any such end delete begin insert the end insert employee shall, in the order of original
employment, be offered prior opportunity for substitute service
during the absence of any other employee who has been granted
a leave of absence or who is temporarily absent from duty;
provided, that his begin insert or her end insert services may be terminated upon the
return to duty of begin delete said end delete begin insert the end insert other employee and begin delete that said end delete begin insert the end insert substitute
service shall not affect the retention of his begin insert or her end insert previous
classification and rights. If, in begin delete any end delete begin insert a end insert school year the employee
serves as a substitute in begin delete any end delete begin insert a end insert position requiring certification for
begin delete any end delete 21 days or more within a period of 60 schooldays, the
compensation the employee receives for substitute service in that
60-day period, including his or her first 20 days of substitute
service, shall be not less than the amount the employee would
receive if he or she were being reappointed.

begin delete

(6)

end delete

begin insert (f) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert During the period of the employee’s preferred right to
reappointment, the governing board of the begin insert school end insert district, if it is
also the governing board of one or more other begin insert school end insert districts,
may assign begin delete him end delete begin insert the employee end insert to service, begin delete which end delete begin insert that end insert he begin insert or she end insert is
certificated and competent to render, in begin delete said end delete begin insert the end insert other district or
districts; provided, that the compensation begin delete he end delete begin insert the employee end insert receives
begin delete therefor may end delete begin insert may, end insert in the discretion of the governing board begin insert of the
school district, end insert be the same as begin delete he end delete begin insert the employee end insert would have received
had he begin insert or she end insert been serving in the begin insert school end insert district from which begin delete his end delete
begin insert the employee’s end insert services were begin delete terminated, that his end delete begin insert terminated. The
employee’s end insert service in the begin delete said end delete other begin insert school end insert district or districts shall
be counted toward the period required for both state and local
begin delete retirement, end delete begin insert retirement end insert as begin delete defined by Section 22102, as end delete though
rendered in the begin insert school end insert district from which begin delete his end delete begin insert the employee’s end insert
services were begin delete terminated, and that no end delete begin insert terminated. The employee
shall not displace any end insert permanent employee in begin delete said end delete begin insert the end insert other begin insert school end insert
district or begin delete districts shall be displaced by him. end delete begin insert school districts. end insert

begin delete

It

end delete

begin insert (2) end insert begin insert   end insert begin insert It end insert is the intent of this begin delete subsection end delete begin insert subdivision end insert that the
employees of a school district, the governing board of which is
also the governing board of one or more other school districts,
shall not be at a disadvantage as compared with employees of a
unified school district.

begin delete

(7) At any time prior to

end delete

begin insert (g) end insert begin insert   end insert begin insert Before end insert the completion of one year after his begin insert or her end insert return to
service, begin delete he end delete begin insert an employee end insert may continue or make up, with interest,
his begin insert or her end insert own contributions to begin delete any end delete begin insert a end insert state or begin insert school end insert district
retirement system, for the period of his begin insert or her end insert absence, but it shall
not be obligatory on begin insert the end insert state or begin insert school end insert district to match begin delete such end delete begin insert those end insert
contributions.

begin delete

(8) Should he become

end delete

begin insert (h) end insert begin insert   end insert begin insert If the employee becomes end insert disabled or begin delete reach end delete begin insert reaches end insert retirement
age begin delete at any time end delete before his begin insert or her end insert return to service, begin delete he end delete begin insert the employee end insert
shall receive, in any state or begin insert school end insert district retirement system of
which begin delete he end delete begin insert the employee end insert was a member, all benefits to which he begin insert or
she end insert would have been entitled had such event occurred at the time
of his begin insert or her end insert termination of service, plus any benefits he begin insert or she end insert
may have qualified for thereafter, as though still employed.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 44957 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44957.  

begin delete Any end delete begin insert A end insert probationary employee whose services have
been terminated as provided in Section 44955 shall have the
following rights:

(a) For the period of 24 months from the date of begin delete such end delete
termination, begin delete any end delete begin insert an end insert employee who in the meantime has not attained
the age of 65 years shall have the preferred right to reappointment,
subject to the prior rights to reappointment by all permanent
employees as set forth in Section 44956, in the order of original
employment as determined by the governing board begin insert of the school
district end insert in accordance with begin delete the provisions of end delete Sections 44831 to
44855, inclusive, if the number of employees is increased or the
discontinued service is reestablished, with no requirements that
were not imposed upon other employees who continued in service.
Except as otherwise provided, begin delete no end delete begin insert a end insert probationary or temporary
employee with less seniority shall begin insert not end insert be employed to render a
service begin delete which such end delete begin insert that the end insert employee is certificated and competent
to render and begin delete provided that such an end delete begin insert the end insert employee shall be given a
priority over employees whose right to a position is derived
pursuant to Section 44918. However, begin delete prior to end delete begin insert before end insert reappointing
begin delete any end delete begin insert an end insert employee to teach a subject begin delete which end delete begin insert that end insert he or she has not
previously taught, and for which he or she does not have a teaching
credential or begin delete which end delete begin insert that end insert is not within the employee’s major area
of postsecondary study or the equivalent thereof, the governing
board begin insert of the school district end insert shall require the employee to pass a
subject matter competency test in the appropriate subject.

(b) Notwithstanding subdivision (a), a school district may
deviate from reappointing a probationary employee in order of
seniority for either of the following reasons:

(1) The begin insert school end insert district demonstrates a specific need for personnel
to teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
employee has special training and experience necessary to teach
that course or course of study, or to provide those begin delete services, which end delete
begin insert services, that end insert others with more seniority do not possess.

(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the begin delete laws. end delete
begin insert law as it applies to pupils. end insert

(c)  begin delete As to any such end delete begin insert For an end insert employee who is reappointed, the
period of his begin insert or her end insert absence shall be treated as a leave of absence
and shall not be considered as a break in the continuity of his begin insert or
her end insert service, he begin insert or she end insert shall retain the classification and order of
employment he begin insert or she end insert had begin delete when end delete begin insert at the time end insert his begin insert or her end insert services
were terminated, and credit for prior service under begin delete any end delete begin insert a end insert state or
begin insert school end insert district retirement system shall not be affected by begin delete such end delete begin insert the end insert
termination; provided, however, that the period of his begin insert or her end insert
absence shall not be counted as a part of the service required for
attaining permanent status in the begin insert school end insert district or, except as
provided in subdivision (e), for retirement purposes.

(d) During the period of begin delete his end delete begin insert an employee’s end insert preferred right to
reappointment, begin delete any such end delete begin insert the end insert employee shall, in the order of original
employment, and subject to the rights of permanent employees as
set forth in Section 44956, be offered prior opportunity for
substitute service during the absence of any other employee who
has been granted leave of absence or who is temporarily absent
from duty; provided, that his begin insert or her end insert services may be terminated
upon a return to duty of begin delete such end delete begin insert the end insert other employee, begin delete that such end delete begin insert the end insert
substitute service shall not affect the retention of his begin insert or her end insert
previous classification and rights, and begin delete that such an end delete begin insert the end insert employee
shall be given a priority over employees whose right to a substitute
position is derived pursuant to Section 44918.

(e)  begin delete At any time prior to end delete begin insert Before end insert the completion of one year after
his begin insert or her end insert return to service, an employee reappointed under the
provisions of this section may elect to continue or to reinstate his
begin insert or her end insert membership and interest in begin delete any end delete begin insert a end insert state or district retirement
system and to receive retirement benefits as if no absence from
service had occurred. In the event of begin delete such election end delete begin insert that election, end insert
the employee shall pay into the retirement system the amount of
his begin insert or her end insert share of contribution and the begin insert school end insert district’s share of
contribution attributable to the period of absence and the amount
of any contributions withdrawn, plus interest.

begin insert

begin insert SEC. end insert begin insert 5. end insert   

end insert

begin insert It is the intent of the Legislature that if the amendments
made to Section 35035 by this act conflict with the terms of a
collective bargaining agreement entered into between a public
employer and an exclusive bargaining representative, pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code, the amendments shall not apply
to the public employers or public employees subject to that
collective bargaining agreement. end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert The Legislature finds and declares that the amendments
made to Sections 44955, 44956, and 44957 of the Education Code
by this act are declaratory of existing law. end insert

begin delete

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 the governing board of a school district, 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 chartering authority 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 chartering authority 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 chartering authority 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 Measurement of Academic Performance and
Progress program 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 a 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 (g) of Section 52052.

(c) (1) A charter may be revoked by the authority that granted
the charter under this chapter if the chartering 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 chartering authority 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 chartering authority shall notify the
charter school of a violation of this section and give the school a
reasonable opportunity to remedy the violation, unless the
chartering 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 the charter 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 charter 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 entity 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.

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