Amended in Senate March 26, 2014

Senate Bill No. 1263

Introduced by Senator Pavley

February 21, 2014

An act to amend begin delete Section 47605 of end delete begin insert Sections 47604.3 and 47604.32 of, and to add Sections 47604.45, 47605.4, and 47605.9 to, end insert the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

SB 1263, as amended, Pavley. Charter begin delete schools: pupils no longer attending. end delete begin insert schools. end insert

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(1) Existing law requires a charter school to promptly respond to all reasonable inquiries from its chartering authority, the county office of education that has jurisdiction over the school’s chartering authority, or from the Superintendent of Public Instruction, and to consult with those entities regarding any inquiries.

end insert begin insert

This bill would add a school district in which the charter school operates a schoolsite pursuant to a specified provision as an entity to which a charter school is required to promptly respond to all reasonable inquiries and to consult with regarding any inquiries.

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(2) Existing law requires each chartering authority, in addition to any other duties imposed by the Charter Schools Act of 1992, and with respect to each charter school under its authority, to, among other things, identify at least one staff member as a contact person for the charter school and visit each charter school at least annually.

end insert begin insert

This bill would authorize each school district in which a classroom-based charter school operates to, among other things, identify at least one staff member as a contact person for the charter school and visit each charter school operating within the boundaries of the school district.

end insert begin insert

(3) Existing law authorizes a county superintendent of schools to monitor the operations of a charter school located within that county and to conduct an investigation into the operations of that charter school based upon written complaints of parents or other information that justifies the investigation.

end insert begin insert

This bill would authorize the State Department of Education to monitor the operations of a charter school and conduct an investigation into the operations of that charter school based upon (A) a written complaint by a school district or county office of education in which the charter school operates within the boundaries of that school district or county office of education, (B) a written complaint of a parent, or (C) other information that justifies the investigation. The bill would authorize the department to issue a report of its findings resulting from the investigation to the State Board of Education.

end insert begin insert

(4) Existing law requires the governing board of a school district, no later than 30 days after receiving a petition to establish a charter school, to hold a public hearing on the provisions of the charter and to consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Existing law requires the governing board of the school district to grant or deny the petition within 60 days of receipt of the petition, except as specified, and after review of the petition and the public hearing.

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This bill would require the proponent of a charter school to reimburse a school district for all costs incurred in analyzing a petition to establish a charter school if that school district has previously denied a petition to establish the same charter school pursuant to a specified provision.

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(5) Existing law authorizes a charter school that is unable to locate within the jurisdiction of the chartering school district to establish one site outside the boundaries of the school district, but within the county in which that school district is located, if the school district within the jurisdiction of which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools and the Superintendent are notified of the location of the charter school before it commences operations, and either of 2 specified circumstances exist.

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This bill would require a charter school that locates outside the jurisdiction of the chartering school district pursuant to that provision and fails to properly notify the school district in which the charter school intends to operate to be responsible for a financial penalty or other penalty.

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Existing law requires a charter school, if a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, to notify the superintendent of the school district of the pupil’s last known address within 30 days, and to, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information.

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This bill would instead require the charter school to notify the superintendent of the school district of the pupil’s last known address within 20 business days. To the extent this bill would require a higher level of service from charter school officials, the bill would impose a state-mandated local program.

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The 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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 47604.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

47604.3.  

A charter school shall promptly respond to all
reasonable inquiries, including, but not limited to, inquiries
regarding its financial records, from its chartering authority, begin insert a
school district in which the charter school operates a schoolsite
pursuant to paragraph (5) of subdivision (a) of Section 47605, end insert the
county office of education that has jurisdiction over the school’s
chartering authority, or from the Superintendent begin delete of Public
Instruction end delete and shall consult with the chartering authority, begin insert the
school district in which the charter school operates a schoolsite
pursuant to paragraph (5) of subdivision (a) of Section 47605, end insert the
county office of education, or the Superintendent begin delete of Public
Instruction end delete regarding any inquiries.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 47604.32 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

47604.32.  

begin insert (a) end insert begin insert   end insert Each chartering authority, in addition to any
other duties imposed by this part, shall do all of the following with
respect to each charter school under its authority:

begin delete

(a)

end delete

begin insert (1) end insert  Identify at least one staff member as a contact person for
the charter school.

begin delete

(b)

end delete

begin insert (2) end insert  Visit each charter school at least annually.

begin delete

(c)

end delete

begin insert (3) end insert  Ensure that each charter school under its authority complies
with all reports required of charter schools by law, including the
annual update required pursuant to Section 47606.5.

begin delete

(d)

end delete

begin insert (4) end insert  Monitor the fiscal condition of each charter school under its
authority.

begin delete

(e)

end delete

begin insert (5) end insert  Provide timely notification to the department if any of the
following circumstances occur or will occur with regard to a charter
school for which it is the chartering authority:

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(1)

end delete

begin insert (A) end insert  A renewal of the charter is granted or denied.

begin delete

(2)

end delete

begin insert (B) end insert  The charter is revoked.

begin delete

(3)

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begin insert (C) end insert  The charter school will cease operation for any reason.

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(f)

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begin insert (6) end insert  The cost of performing the duties required by this begin delete section end delete
begin insert subdivision end insert shall be funded with supervisorial oversight fees
collected pursuant to Section 47613.

begin insert

(b) Each school district in which a classroom-based charter
school operates may do any of the following with respect to each
classroom-based charter school operating within its boundaries:

end insert begin insert

(1) Identify at least one staff member as a contact person for
the charter school.

end insert begin insert

(2) Visit each charter school operating within the boundaries
of the school district.

end insert begin insert

(3) Provide written notice to the department requesting initiation
of a review of the charter school’s compliance with the
requirements and duties imposed by this part.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 47604.45 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 47604.45. end insert   

(a) The department may, based upon a written
complaint by a school district or county office of education in
which the charter school operates within the boundaries of that
school district or county office of education, a written complaint
by a parent, or other information that justifies the investigation,
monitor the operations of a charter school and conduct an
investigation into the operations of that charter school.

(b) The department may issue a report of its findings resulting
from the investigation described in subdivision (a) to the state
board, that includes, but is not limited to, findings regarding the
possible factual findings sufficient for denial of a petition pursuant
to subdivision (b) of Section 47605.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 47605.4 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 47605.4. end insert   

If a petition to establish a charter school is submitted
by a proponent of a charter school to a school district that has
previously denied a petition to establish the same charter school
pursuant to subdivision (b) of Section 47605, the proponent of the
charter school shall reimburse the school district for all costs
incurred in analyzing the petition.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 47605.9 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 47605.9. end insert   

A charter school that locates outside the jurisdiction
of the chartering school district pursuant to paragraph (5) of
subdivision (a) of Section 47605 and fails to properly notify the
school district in which the charter school intends to operate shall
be responsible for a financial penalty or other penalty.

end insert

begin delete

SECTION 1.  

Section 47605 of the Education Code is amended
to read:

47605.  

(a) (1) Except as set forth in paragraph (2), a petition
for the establishment of a charter school within a school district
may be circulated by one or more persons seeking to establish the
charter school. A petition for the establishment of a charter school
shall identify a single charter school that will operate within the
geographic boundaries of that school district. A charter school
may propose to operate at multiple sites within the school district,
as long as each location is identified in the charter school petition.
The petition may be submitted to the governing board of the school
district for review after either of the following conditions is met:

(A) The petition is signed by a number of parents or legal
guardians of pupils that is equivalent to at least one-half of the
number of pupils that the charter school estimates will enroll in
the school for its first year of operation.

(B) The petition is signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation.

(2) A petition that proposes to convert an existing public school
to a charter school that would not be eligible for a loan pursuant
to subdivision (c) of Section 41365 may be circulated by one or
more persons seeking to establish the charter school. The petition
may be submitted to the governing board of the school district for
review after the petition is signed by not less than 50 percent of
the permanent status teachers currently employed at the public
school to be converted.

(3) A petition shall include a prominent statement that a
signature on the petition means that the parent or legal guardian
is meaningfully interested in having his or her child or ward attend
the charter school, or in the case of a teacher’s signature, means
that the teacher is meaningfully interested in teaching at the charter
school. The proposed charter shall be attached to the petition.

(4) After receiving approval of its petition, a charter school that
proposes to establish operations at one or more additional sites
shall request a material revision to its charter and shall notify the
authority that granted its charter of those additional locations. The
authority that granted its charter shall consider whether to approve
those additional locations at an open, public meeting. If the
additional locations are approved, they shall be a material revision
to the charter school’s charter.

(5) A charter school that is unable to locate within the
jurisdiction of the chartering school district may establish one site
outside the boundaries of the school district, but within the county
in which that school district is located, if the school district within
the jurisdiction of which the charter school proposes to operate is
notified in advance of the charter petition approval, the county
superintendent of schools and the Superintendent are notified of
the location of the charter school before it commences operations,
and either of the following circumstances exists:

(A) The school has attempted to locate a single site or facility
to house the entire program, but a site or facility is unavailable in
the area in which the school chooses to locate.

(B) The site is needed for temporary use during a construction
or expansion project.

(6) Commencing January 1, 2003, a petition to establish a charter
school shall not be approved to serve pupils in a grade level that
is not served by the school district of the governing board
considering the petition, unless the petition proposes to serve pupils
in all of the grade levels served by that school district.

(b) No later than 30 days after receiving a petition, in accordance
with subdivision (a), the governing board of the school district
shall hold a public hearing on the provisions of the charter, at
which time the governing board of the school district shall consider
the level of support for the petition by teachers employed by the
school district, other employees of the school district, and parents.
Following review of the petition and the public hearing, the
governing board of the school district shall either grant or deny
the charter within 60 days of receipt of the petition, provided,
however, that the date may be extended by an additional 30 days
if both parties agree to the extension. In reviewing petitions for
the establishment of charter schools pursuant to this section, the
chartering authority shall be guided by the intent of the Legislature
that charter schools are and should become an integral part of the
California educational system and that the establishment of charter
schools should be encouraged. The governing board of the school
district shall grant a charter for the operation of a school under this
part if it is satisfied that granting the charter is consistent with
sound educational practice. The governing board of the school
district shall not deny a petition for the establishment of a charter
school unless it makes written factual findings, specific to the
particular petition, setting forth specific facts to support one or
more of the following findings:

(1) The charter school presents an unsound educational program
for the pupils to be enrolled in the charter school.

(2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.

(3) The petition does not contain the number of signatures
required by subdivision (a).

(4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).

(5) The petition does not contain reasonably comprehensive
descriptions of all of the following:

(A) (i) A description of the educational program of the charter
school, designed, among other things, to identify those whom the
charter school is attempting to educate, what it means to be an
“educated person” in the 21st century, and how learning best
occurs. The goals identified in that program shall include the
objective of enabling pupils to become self-motivated, competent,
and lifelong learners.

(ii) A description, for the charter school, of annual goals, for
all pupils and for each subgroup of pupils identified pursuant to
Section 52052, to be achieved in the state priorities, as described
in subdivision (d) of Section 52060, that apply for the grade levels
served, or the nature of the program operated, by the charter school,
and specific annual actions to achieve those goals. A charter
petition may identify additional school priorities, the goals for the
school priorities, and the specific annual actions to achieve those
goals.

(iii) If the proposed charter school will serve high school pupils,
a description of the manner in which the charter school will inform
parents about the transferability of courses to other public high
schools and the eligibility of courses to meet college entrance
requirements. Courses offered by the charter school that are
accredited by the Western Association of Schools and Colleges
may be considered transferable and courses approved by the
University of California or the California State University as
creditable under the “A” to “G” admissions criteria may be
considered to meet college entrance requirements.

(B) The measurable pupil outcomes identified for use by the
charter school. “Pupil outcomes,” for purposes of this part, means
the extent to which all pupils of the charter school demonstrate
that they have attained the skills, knowledge, and attitudes specified
as goals in the charter school’s educational program. Pupil
outcomes shall include outcomes that address increases in pupil
academic achievement both schoolwide and for all groups of pupils
served by the charter school, as that term is defined in subparagraph
(B) of paragraph (3) of subdivision (a) of Section 47607. The pupil
outcomes shall align with the state priorities, as described in
subdivision (d) of Section 52060, that apply for the grade levels
served, or the nature of the program operated, by the charter school.

(C) The method by which pupil progress in meeting those pupil
outcomes is to be measured. To the extent practicable, the method
for measuring pupil outcomes for state priorities shall be consistent
with the way information is reported on a school accountability
report card.

(D) The governance structure of the charter school, including,
but not limited to, the process to be followed by the charter school
to ensure parental involvement.

(E) The qualifications to be met by individuals to be employed
by the charter school.

(F) The procedures that the charter school will follow to ensure
the health and safety of pupils and staff. These procedures shall
include the requirement that each employee of the charter school
furnish it with a criminal record summary as described in Section
44237.

(G) The means by which the charter school will achieve a racial
and ethnic balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the school
district to which the charter petition is submitted.

(H) Admission requirements, if applicable.

(I) The manner in which annual, independent financial audits
shall be conducted, which shall employ generally accepted
accounting principles, and the manner in which audit exceptions
and deficiencies shall be resolved to the satisfaction of the
chartering authority.

(J) The procedures by which pupils can be suspended or
expelled.

(K) The manner by which staff members of the charter schools
will be covered by the State Teachers’ Retirement System, the
Public Employees’ Retirement System, or federal social security.

(L) The public school attendance alternatives for pupils residing
within the school district who choose not to attend charter schools.

(M) A description of the rights of an employee of the school
district upon leaving the employment of the school district to work
in a charter school, and of any rights of return to the school district
after employment at a charter school.

(N) The procedures to be followed by the charter school and
the entity granting the charter to resolve disputes relating to
provisions of the charter.

(O) A declaration of whether or not the charter school shall be
deemed the exclusive public school employer of the employees of
the charter school for purposes of Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code.

(P) A description of the procedures to be used if the charter
school closes. The procedures shall ensure a final audit of the
charter school to determine the disposition of all assets and
liabilities of the charter school, including plans for disposing of
any net assets and for the maintenance and transfer of pupil records.

(c) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Sections 60605
and 60851 and any other statewide standards authorized in statute
or pupil assessments applicable to pupils in noncharter public
schools.

(2) Charter schools shall, on a regular basis, consult with their
parents, legal guardians, and teachers regarding the charter school’s
educational programs.

(d) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against a pupil
on the basis of the characteristics listed in Section 220. Except as
provided in paragraph (2), admission to a charter school shall not
be determined according to the place of residence of the pupil, or
of his or her parent or legal guardian, within this state, except that
an existing public school converting partially or entirely to a charter
school under this part shall adopt and maintain a policy giving
admission preference to pupils who reside within the former
attendance area of that public school.

(2) (A) A charter school shall admit all pupils who wish to
attend the school.

(B) If the number of pupils who wish to attend the charter school
exceeds the school’s capacity, attendance, except for existing pupils
of the charter school, shall be determined by a public random
drawing. Preference shall be extended to pupils currently attending
the charter school and pupils who reside in the school district
except as provided for in Section 47614.5. Other preferences may
be permitted by the chartering authority on an individual school
basis and only if consistent with the law.

(C) In the event of a drawing, the chartering authority shall
make reasonable efforts to accommodate the growth of the charter
school and in no event shall take any action to impede the charter
school from expanding enrollment to meet pupil demand.

(3) If a pupil is expelled or leaves the charter school without
graduating or completing the school year for any reason, the charter
school shall notify the superintendent of the school district of the
pupil’s last known address within 20 business days, and shall, upon
request, provide that school district with a copy of the cumulative
record of the pupil, including a transcript of grades or report card,
and health information. This paragraph applies only to pupils
subject to compulsory full-time education pursuant to Section
48200.

(e) The governing board of a school district shall not require an
employee of the school district to be employed in a charter school.

(f) The governing board of a school district shall not require a
pupil enrolled in the school district to attend a charter school.

(g) The governing board of a school district shall require that
the petitioner or petitioners provide information regarding the
proposed operation and potential effects of the charter school,
including, but not limited to, the facilities to be used by the charter
school, the manner in which administrative services of the charter
school are to be provided, and potential civil liability effects, if
any, upon the charter school and upon the school district. The
description of the facilities to be used by the charter school shall
specify where the charter school intends to locate. The petitioner
or petitioners also shall be required to provide financial statements
that include a proposed first-year operational budget, including
startup costs, and cashflow and financial projections for the first
three years of operation.

(h) In reviewing petitions for the establishment of charter
schools within the school district, the governing board of the school
district shall give preference to petitions that demonstrate the
capability to provide comprehensive learning experiences to pupils
identified by the petitioner or petitioners as academically low
achieving pursuant to the standards established by the department
under Section 54032, as it read before July 19, 2006.

(i) Upon the approval of the petition by the governing board of
the school district, the petitioner or petitioners shall provide written
notice of that approval, including a copy of the petition, to the
applicable county superintendent of schools, the department, and
the state board.

(j) (1) If the governing board of a school district denies a
petition, the petitioner may elect to submit the petition for the
establishment of a charter school to the county board of education.
The county board of education shall review the petition pursuant
to subdivision (b). If the petitioner elects to submit a petition for
establishment of a charter school to the county board of education
and the county board of education denies the petition, the petitioner
may file a petition for establishment of a charter school with the
state board, and the state board may approve the petition, in
accordance with subdivision (b). A charter school that receives
approval of its petition from a county board of education or from
the state board on appeal shall be subject to the same requirements
concerning geographic location to which it would otherwise be
subject if it received approval from the entity to which it originally
submitted its petition. A charter petition that is submitted to either
a county board of education or to the state board shall meet all
otherwise applicable petition requirements, including the
identification of the proposed site or sites where the charter school
will operate.

(2) In assuming its role as a chartering agency, the state board
shall develop criteria to be used for the review and approval of
charter school petitions presented to the state board. The criteria
shall address all elements required for charter approval, as
identified in subdivision (b), and shall define “reasonably
comprehensive” as used in paragraph (5) of subdivision (b) in a
way that is consistent with the intent of this part. Upon satisfactory
completion of the criteria, the state board shall adopt the criteria
on or before June 30, 2001.

(3) A charter school for which a charter is granted by either the
county board of education or the state board based on an appeal
pursuant to this subdivision shall qualify fully as a charter school
for all funding and other purposes of this part.

(4) If either the county board of education or the state board
fails to act on a petition within 120 days of receipt, the decision
of the governing board of the school district to deny a petition shall
be subject to judicial review.

(5) The state board shall adopt regulations implementing this
subdivision.

(6) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition to the department
and the state board.

(k) (1) The state board may, by mutual agreement, designate
its supervisorial and oversight responsibilities for a charter school
approved by the state board to any local educational agency in the
county in which the charter school is located or to the governing
board of the school district that first denied the petition.

(2) The designated local educational agency shall have all
monitoring and supervising authority of a chartering agency,
including, but not limited to, powers and duties set forth in Section
47607, except the power of revocation, which shall remain with
the state board.

(3) A charter school that is granted its charter through an appeal
to the state board and elects to seek renewal of its charter shall,
before expiration of the charter, submit its petition for renewal to
the governing board of the school district that initially denied the
charter. If the governing board of the school district denies the
charter school’s petition for renewal, the charter school may
petition the state board for renewal of its charter.

(l) Teachers in charter schools shall hold a Commission on
Teacher Credentialing certificate, permit, or other document
equivalent to that which a teacher in other public schools would
be required to hold. These documents shall be maintained on file
at the charter school and are subject to periodic inspection by the
chartering authority. It is the intent of the Legislature that charter
schools be given flexibility with regard to noncore, noncollege
preparatory courses.

(m) A charter school shall transmit a copy of its annual,
independent financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b),
to its chartering entity, the Controller, the county superintendent
of schools of the county in which the charter school is sited, unless
the county board of education of the county in which the charter
school is sited is the chartering entity, and the department by
December 15 of each year. This subdivision does not apply if the
audit of the charter school is encompassed in the audit of the
chartering entity pursuant to Section 41020.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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