SB 1263,
as amended, Pavley. Charterbegin delete schools.end deletebegin insert schools: complaints: panel hearing.end insert
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 insertbegin insertThis bill, if a charter school, its chartering authority, or a school district or county office of education in which the charter school operates within the boundaries of the school district or county office of education, determines that a substantive violation of certain provisions of the Charter Schools Act of 1992 has occurred, would authorize the charter school, its chartering authority, or the school district or county office of education in which the charter school operates, to submit a written complaint to a specified advisory committee. The bill, upon the receipt of the written complaint, would require the advisory committee to appoint a panel, as specified, and would authorize the panel to determine if a substantive violation of certain provisions of the Charter Schools Act of 1992 has occurred. The bill, if the panel determines that a substantive violation has occurred, would authorize the panel to recommend to the State Board of Education a corrective action plan for the charter school or local educational agency in violation and consequences if the charter school or local educational agency in violation fails to implement the corrective action plan. The bill would require the state board to consider whether to adopt and implement the recommendations submitted by the panel.
end insert(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 deleteThis 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.
end delete(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 deleteThis 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 delete(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 deleteThis 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 delete(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.
end deleteThis 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.
end delete(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.
end deleteThis 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.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 47604.6 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert
(a) If a charter school, its chartering authority, or
4a school district or county office of education in which the charter
5school operates within the boundaries of that school district or
6county office of education, determines that a substantive violation
7of a provision of this chapter, Chapter 2 (commencing with Section
847605), or Chapter 3 (commencing with Section 47610) has
9occurred, it may submit a written complaint to the advisory
P4 1committee established pursuant to paragraph (1) of subdivision
2(b) of Section 47634.2.
3(b) Upon receipt of a written complaint pursuant to subdivision
4(a), the advisory committee shall appoint a panel to hear the
5complaint. The panel shall be composed of three representatives
6of the advisory committee, one
representative of a school district
7superintendent, governing board of a school district, or county
8superintendent of schools, one charter school representative, and
9one teacher. The panel shall hear the written complaint submitted
10pursuant to subdivision (a) and may do either of the following:
11(1) Determine if a substantive violation of this chapter, Chapter
122 (commencing with Section 47605), or Chapter 3 (commencing
13with Section 47610) has occurred.
14(2) If the panel determines a substantive violation has occurred,
15recommend to the state board a corrective action plan for the
16charter school or local educational agency in violation and
17consequences if the charter school or local educational agency in
18violation fails to implement the corrective action plan. The panel
19shall submit any recommendations it makes to the state board.
20(c) The state board shall consider whether to adopt and
21implement the recommendations submitted by the panel.
Section 47604.3 of the Education Code is
23amended to read:
A charter school shall promptly respond to all
25reasonable inquiries, including, but not limited to, inquiries
26regarding its financial records, from its chartering authority, a
27school district in which the charter school operates a schoolsite
28pursuant to paragraph (5) of subdivision (a) of Section 47605, the
29county office of education that has jurisdiction over the school’s
30chartering authority, or from the Superintendent and shall consult
31with the chartering authority, the school district in which the charter
32
school operates a schoolsite pursuant to paragraph (5) of
33subdivision (a) of Section 47605, the county office of education,
34or the Superintendent regarding any inquiries.
Section 47604.32 of the Education Code is amended
36to read:
(a) Each chartering authority, in addition to any
38other duties imposed by this part, shall do all of the following with
39respect to each charter school under its authority:
P5 1(1) Identify at least one staff member as a contact person for
2the charter school.
3(2) Visit each charter school at least annually.
4(3) Ensure that each charter school under its authority complies
5with all reports required of charter schools by law, including the
6annual update required pursuant to Section 47606.5.
7(4) Monitor the fiscal condition of each charter school under its
8authority.
9(5) Provide timely notification to the department if any of the
10following circumstances occur or will occur with regard to a charter
11school for which it is the chartering authority:
12(A) A renewal of the charter is granted or denied.
13(B) The charter is revoked.
14(C) The charter school will cease operation for any reason.
15(6) The cost of performing the duties required by this
subdivision
16shall be funded with supervisorial oversight fees collected pursuant
17to Section 47613.
18(b) Each school district in which a classroom-based charter
19school operates may do any of the following with respect to each
20classroom-based charter school operating within its boundaries:
21(1) Identify at least one staff member as a contact person for
22the charter school.
23(2) Visit each charter school operating within the boundaries
24of the school district.
25(3) Provide written notice to the department requesting initiation
26of a review of the charter school’s compliance with the
27requirements and duties imposed by this part.
Section 47604.45 is added to the Education Code, to
29read:
(a) The department may, based upon a written
31complaint by a school district or county office of education in
32which the charter school operates within the boundaries of that
33school district or county office of education, a written complaint
34by a parent, or other information that justifies the investigation,
35monitor the operations of a charter school and conduct an
36investigation into the operations of that charter school.
37(b) The department may issue a report of its findings resulting
38from the investigation described in subdivision (a) to the state
39board, that includes, but is not limited to, findings regarding the
P6 1possible factual findings sufficient for denial of a petition pursuant
2to subdivision (b) of Section
47605.
Section 47605.4 is added to the Education Code, to
4read:
If a petition to establish a charter school is submitted
6by a proponent of a charter school to a school district that has
7previously denied a petition to establish the same charter school
8pursuant to subdivision (b) of Section 47605, the proponent of the
9charter school shall reimburse the school district for all costs
10incurred in analyzing the petition.
Section 47605.9 is added to the Education Code, to
12read:
A charter school that locates outside the jurisdiction
14of the chartering school district pursuant to paragraph (5) of
15subdivision (a) of Section 47605 and fails to properly notify the
16school district in which the charter school intends to operate shall
17be responsible for a financial penalty or other penalty.
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