Amended in Assembly August 22, 2014

Amended in Assembly July 2, 2014

Amended in Assembly June 17, 2014

Amended in Senate May 7, 2014

Amended in Senate April 24, 2014

Amended in Senate March 26, 2014

Senate BillNo. 1263


Introduced by Senator Pavley

February 21, 2014


An act to amend Sections 47605 and 47605.1 of the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

SB 1263, as amended, Pavley. Charter schools: location.

Existing law authorizes a charter school that is unable to locate within the jurisdiction or geographic boundaries 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 where the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools is notified of the location of the charter school before it commences operations and either the charter school has attempted to locate a single site or facility to house the entire program, but such a site or facility is unavailable in the area in which the school chooses to locate or the site is needed for temporary use during a construction or expansion project.

This bill would delete the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter 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 charter school chooses to locate. The bill would authorize a charter school to establish one facility outside the boundaries of the school district, as described above, if either (1) the school district within the jurisdiction of which the charter school proposes to operate provides written approval to the chartering school district before the charter petition is approved for that facility and before each charter petition renewal, or (2) the facility is needed for temporary use during the period of construction for a construction or expansion project, for up to 18 months, unless the school district in which the charter school intends to operate approves of a longer period of time. The bill would require a charter school locating outside the boundaries of the chartering school district for temporary use to provide the parents of pupils enrolled at the charter school with specified information at least 60 days before the beginning of the school year. The bill wouldbegin insert alsoend insert authorize a charter school tobegin delete continue toend delete operate a facility outside the boundaries of the chartering school district ifbegin delete eitherend delete (1) the charter school petition was authorized before April 1, 2013, to locate at that facility and the charter school operated that facility with pupils enrolled and attending before September 15, 2014,begin delete orend delete (2) the school district within the jurisdiction of which the charter school operates provides written approval to the chartering schoolbegin delete district.end deletebegin insert district, (3) the charter school is an American Indian charter school, as defined, or (4) the charter school meets the eligibility criteria for the Alternative Schools Accountability Model adopted by the State Board of Education.end insert The bill would prohibit a school district that is assigned a negative certification, as specified, from authorizing new charter schools to locate outside the boundaries of the school district. The bill would also make nonsubstantive changes to these provisions.

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

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

P2    1

SECTION 1.  

It is the intent of the Legislature to close the
2statutory loopholes authorizing a charter school to locate outside
3the geographic boundaries of the chartering school district.

P3    1

SEC. 2.  

Section 47605 of the Education Code is amended to
2read:

3

47605.  

(a) (1) Except as set forth in paragraph (2), a petition
4for the establishment of a charter school within a school district
5may be circulated by one or more persons seeking to establish the
6charter school. A petition for the establishment of a charter school
7shall identify a single charter school that will operate within the
8geographic boundaries of that school district. A charter school
9may propose to operate at multiple sites within the school district,
10as long as each location is identified in the charter school petition.
11The petition may be submitted to the governing board of the school
12district for review after either of the following conditions is met:

13(A) The petition is signed by a number of parents or legal
14guardians of pupils that is equivalent to at least one-half of the
15number of pupils that the charter school estimates will enroll in
16the school for its first year of operation.

17(B) The petition is signed by a number of teachers that is
18equivalent to at least one-half of the number of teachers that the
19charter school estimates will be employed at the school during its
20first year of operation.

21(2) A petition that proposes to convert an existing public school
22to a charter school that would not be eligible for a loan pursuant
23to subdivision (c) of Section 41365 may be circulated by one or
24more persons seeking to establish the charter school. The petition
25may be submitted to the governing board of the school district for
26review after the petition is signed by not less than 50 percent of
27the permanent status teachers currently employed at the public
28school to be converted.

29(3) A petition shall include a prominent statement that a
30signature on the petition means that the parent or legal guardian
31is meaningfully interested in having his or her child or ward attend
32the charter school, or in the case of a teacher’s signature, means
33that the teacher is meaningfully interested in teaching at the charter
34school. The proposed charter shall be attached to the petition.

35(4) After receiving approval of its petition, a charter school that
36proposes to establish operations at one or more additional sites
37shall request a material revision to its charter and shall notify the
38authority that granted its charter of those additional locations. The
39authority that granted its charter shall consider whether to approve
40those additional locations at an open, public meeting. If the
P4    1additional locations are approved, they shall be a material revision
2to the charter school’s charter.

3(5) (A) A charter school that is unable to locate within the
4jurisdiction of the chartering school district may establish one
5facility outside the boundaries of the school district, but within the
6county in which that school district is located, if either of the
7following circumstances exists:

8(i) The school district within the jurisdiction of which the charter
9school proposes to operate provides written approval to the
10chartering school district before the charter petition is approved
11for that facility and before each charter petition renewal.

12(ii) The facility is needed for temporary use during the period
13of construction for a construction or expansion project, for up to
1418 months, unless the school district in which the charter school
15proposes to operate approves of a longer period of time. The charter
16school shall provide written notice before the charter petition is
17approved to the school district within the jurisdiction of which the
18charter school proposes to temporarily operate, the county
19superintendent of schools, and the Superintendent.

20(B) A charter school that locates outside the boundaries of the
21chartering school district pursuant to clause (ii) of subparagraph
22(A) shall notify all parents of the pupils enrolled at the charter
23school at least 60 days before the beginning of the school year of
24all of the following information:

25(i) The name of the chartering school district.

26(ii) The physical address of the temporary site at which the
27charter school will locate.

28(iii) The reason for the temporary site.

29(iv) The physical address of the site the charter school intends
30to locate within the chartering school district after the temporary
31site.

32(v) The contact information, including, but not limited to, the
33name,begin delete phoneend deletebegin insert telephoneend insert number, and email address, of a person
34employed by the governing body of the charter school who may
35be contacted for questions or additional information.

36(C) (i) begin deleteA end deletebegin insertNotwithstanding subparagraph (A), a end insertcharter school
37maybegin delete continue toend delete operate a facility outside the boundaries of the
38chartering school district if both of the following apply:

34 39(I)  The charter school was authorized before April 1, 2013, to
40locate at that facility.

36 P5    1(II)  The charter school operated that facility with pupils enrolled
2and attending before September 15, 2014.

3(ii) begin deleteA end deletebegin insertNotwithstanding subparagraph (A), a end insertcharter school that
4does not meet the requirements of clause (i) maybegin delete continue toend delete
5 operate the facility outside the boundaries of the chartering school
6district if the school district within the jurisdiction of which the
7charter school operates provides written approval to the chartering
8school district.

begin insert

9(D) Notwithstanding subparagraph (A), a charter school may
10operate a facility outside the boundaries of the chartering school
11district if either of the following apply:

end insert
begin insert

12(i) The charter school is an American Indian charter school.
13For purposes of this clause, “American Indian charter school”
14means a charter school in which pupils identified as American
15Indian or Alaska Native comprise more than 50 percent of the
16charter school’s enrollment.

end insert
begin insert

17(ii) The charter school meets the eligibility criteria for the
18Alternative Schools Accountability Model adopted by the state
19board.

end insert
begin delete

3 20(D)

end delete

21begin insert(E)end insert Notwithstanding subparagraph (A), a school district that is
22assigned a negative certification pursuant to paragraph (1) of
23subdivision (a) of Section 42131 shall not authorize new charter
24schools to locate outside the boundaries of the school district.

25(6) Commencing January 1, 2003, a petition to establish a charter
26school shall not be approved to serve pupils in a grade level that
27is not served by the school district of the governing board
28considering the petition, unless the petition proposes to serve pupils
29in all of the grade levels served by that school district.

30(b) No later than 30 days after receiving a petition, in accordance
31with subdivision (a), the governing board of the school district
32shall hold a public hearing on the provisions of the charter, at
33which time the governing board of the school district shall consider
34the level of support for the petition by teachers employed by the
35school district, other employees of the school district, and parents.
36Following review of the petition and the public hearing, the
37 governing board of the school district shall either grant or deny
38the charter within 60 days of receipt of the petition, provided,
39however, that the date may be extended by an additional 30 days
40if both parties agree to the extension. In reviewing petitions for
P6    1the establishment of charter schools pursuant to this section, the
2chartering authority shall be guided by the intent of the Legislature
3that charter schools are and should become an integral part of the
4California educational system and that the establishment of charter
5schools should be encouraged. The governing board of the school
6district shall grant a charter for the operation of a school under this
7part if it is satisfied that granting the charter is consistent with
8sound educational practice. The governing board of the school
9district shall not deny a petition for the establishment of a charter
10school unless it makes written factual findings, specific to the
11particular petition, setting forth specific facts to support one or
12more of the following findings:

13(1) The charter school presents an unsound educational program
14for the pupils to be enrolled in the charter school.

15(2) The petitioners are demonstrably unlikely to successfully
16implement the program set forth in the petition.

17(3) The petition does not contain the number of signatures
18required by subdivision (a).

19(4) The petition does not contain an affirmation of each of the
20conditions described in subdivision (d).

21(5) The petition does not contain reasonably comprehensive
22descriptions of all of the following:

23(A) (i) A description of the educational program of the charter
24school, designed, among other things, to identify those whom the
25charter school is attempting to educate, what it means to be an
26“educated person” in the 21st century, and how learning best
27occurs. The goals identified in that program shall include the
28objective of enabling pupils to become self-motivated, competent,
29and lifelong learners.

30(ii) A description, for the charter school, of annual goals, for
31all pupils and for each subgroup of pupils identified pursuant to
32Section 52052, to be achieved in the state priorities, as described
33in subdivision (d) of Section 52060, that apply for the grade levels
34served, or the nature of the program operated, by the charter school,
35and specific annual actions to achieve those goals. A charter
36petition may identify additional school priorities, the goals for the
37school priorities, and the specific annual actions to achieve those
38goals.

39(iii) If the proposed charter school will serve high school pupils,
40a description of the manner in which the charter school will inform
P7    1parents about the transferability of courses to other public high
2schools and the eligibility of courses to meet college entrance
3requirements. Courses offered by the charter school that are
4accredited by the Western Association of Schools and Colleges
5may be considered transferable and courses approved by the
6University of California or the California State University as
7creditable under the “A” to “G” admissions criteria may be
8considered to meet college entrance requirements.

9(B) The measurable pupil outcomes identified for use by the
10charter school. “Pupil outcomes,” for purposes of this part, means
11the extent to which all pupils of the charter school demonstrate
12that they have attained the skills, knowledge, and attitudes specified
13as goals in the charter school’s educational program. Pupil
14outcomes shall include outcomes that address increases in pupil
15academic achievement both schoolwide and for all groups of pupils
16served by the charter school, as that term is defined in subparagraph
17(B) of paragraph (3) of subdivision (a) of Section 47607. The pupil
18outcomes shall align with the state priorities, as described in
19subdivision (d) of Section 52060, that apply for the grade levels
20served, or the nature of the program operated, by the charter school.

21(C) The method by which pupil progress in meeting those pupil
22outcomes is to be measured. To the extent practicable, the method
23for measuring pupil outcomes for state priorities shall be consistent
24with the way information is reported on a school accountability
25report card.

26(D) The governance structure of the charter school, including,
27but not limited to, the process to be followed by the charter school
28to ensure parental involvement.

29(E) The qualifications to be met by individuals to be employed
30by the charter school.

31(F) The procedures that the charter school will follow to ensure
32the health and safety of pupils and staff. These procedures shall
33include the requirement that each employee of the charter school
34furnish it with a criminal record summary as described in Section
3544237.

36(G) The means by which the charter school will achieve a racial
37and ethnic balance among its pupils that is reflective of the general
38population residing within the territorial jurisdiction of the school
39district to which the charter petition is submitted.

40(H) Admission requirements, if applicable.

P8    1(I) The manner in which annual, independent financial audits
2shall be conducted, which shall employ generally accepted
3accounting principles, and the manner in which audit exceptions
4and deficiencies shall be resolved to the satisfaction of the
5chartering authority.

6(J) The procedures by which pupils can be suspended or
7expelled.

8(K) The manner by which staff members of the charter schools
9will be covered by the State Teachers’ Retirement System, the
10Public Employees’ Retirement System, or federal social security.

11(L) The public school attendance alternatives for pupils residing
12within the school district who choose not to attend charter schools.

13(M) A description of the rights of an employee of the school
14district upon leaving the employment of the school district to work
15in a charter school, and of any rights of return to the school district
16after employment at a charter school.

17(N) The procedures to be followed by the charter school and
18the entity granting the charter to resolve disputes relating to
19provisions of the charter.

20(O) A declaration of whether or not the charter school shall be
21deemed the exclusive public school employer of the employees of
22the charter school for purposes of Chapter 10.7 (commencing with
23Section 3540) of Division 4 of Title 1 of the Government Code.

24(P) A description of the procedures to be used if the charter
25school closes. The procedures shall ensure a final audit of the
26charter school to determine the disposition of all assets and
27liabilities of the charter school, including plans for disposing of
28any net assets and for the maintenance and transfer of pupil records.

29(c) (1) Charter schools shall meet all statewide standards and
30conduct the pupil assessments required pursuant to Sections 60605
31and 60851 and any other statewide standards authorized in statute
32or pupil assessments applicable to pupils in noncharter public
33schools.

34(2) Charter schools shall, on a regular basis, consult with their
35parents, legal guardians, and teachers regarding the charter school’s
36educational programs.

37(d) (1) In addition to any other requirement imposed under this
38part, a charter school shall be nonsectarian in its programs,
39admission policies, employment practices, and all other operations,
40shall not charge tuition, and shall not discriminate against a pupil
P9    1on the basis of the characteristics listed in Section 220. Except as
2provided in paragraph (2), admission to a charter school shall not
3be determined according to the place of residence of the pupil, or
4of his or her parent or legal guardian, within this state, except that
5an existing public school converting partially or entirely to a charter
6school under this part shall adopt and maintain a policy giving
7admission preference to pupils who reside within the former
8attendance area of that public school.

9(2) (A) A charter school shall admit all pupils who wish to
10attend the school.

11(B) If the number of pupils who wish to attend the charter school
12exceeds the school’s capacity, attendance, except for existing pupils
13of the charter school, shall be determined by a public random
14drawing. Preference shall be extended to pupils currently attending
15the charter school and pupils who reside in the school district
16except as provided for in Section 47614.5. Other preferences may
17be permitted by the chartering authority on an individual school
18basis and only if consistent with the law.

19(C) In the event of a drawing, the chartering authority shall
20make reasonable efforts to accommodate the growth of the charter
21school and in no event shall take any action to impede the charter
22school from expanding enrollment to meet pupil demand.

23(3) If a pupil is expelled or leaves the charter school without
24graduating or completing the school year for any reason, the charter
25school shall notify the superintendent of the school district of the
26pupil’s last known address within 30 days, and shall, upon request,
27provide that school district with a copy of the cumulative record
28of the pupil, including a transcript of grades or report card, and
29health information. This paragraph applies only to pupils subject
30to compulsory full-time education pursuant to Section 48200.

31(e) The governing board of a school district shall not require an
32employee of the school district to be employed in a charter school.

33(f) The governing board of a school district shall not require a
34pupil enrolled in the school district to attend a charter school.

35(g) The governing board of a school district shall require that
36the petitioner or petitioners provide information regarding the
37proposed operation and potential effects of the charter school,
38including, but not limited to, the facilities to be used by the charter
39school, the manner in which administrative services of the charter
40school are to be provided, and potential civil liability effects, if
P10   1any, upon the charter school and upon the school district. The
2description of the facilities to be used by the charter school shall
3specify where the charter school intends to locate. The petitioner
4or petitioners also shall be required to provide financial statements
5that include a proposed first-year operational budget, including
6startup costs, and cashflow and financial projections for the first
7three years of operation.

8(h) In reviewing petitions for the establishment of charter
9schools within the school district, the governing board of the school
10district shall give preference to petitions that demonstrate the
11capability to provide comprehensive learning experiences to pupils
12identified by the petitioner or petitioners as academically low
13achieving pursuant to the standards established by the department
14under Section 54032, as that section read before July 19, 2006.

15(i) Upon the approval of the petition by the governing board of
16the school district, the petitioner or petitioners shall provide written
17notice of that approval, including a copy of the petition, to the
18applicable county superintendent of schools, the department, and
19the state board.

20(j) (1) If the governing board of a school district denies a
21petition, the petitioner may elect to submit the petition for the
22establishment of a charter school to the county board of education.
23The county board of education shall review the petition pursuant
24to subdivision (b). If the petitioner elects to submit a petition for
25establishment of a charter school to the county board of education
26and the county board of education denies the petition, the petitioner
27may file a petition for establishment of a charter school with the
28state board, and the state board may approve the petition, in
29accordance with subdivision (b). A charter school that receives
30approval of its petition from a county board of education or from
31the state board on appeal shall be subject to the same requirements
32concerning geographic location to which it would otherwise be
33subject if it received approval from the entity to which it originally
34submitted its petition. A charter petition that is submitted to either
35a county board of education or to the state board shall meet all
36otherwise applicable petition requirements, including the
37identification of the proposed site or sites where the charter school
38will operate.

39(2) In assuming its role as a chartering agency, the state board
40shall develop criteria to be used for the review and approval of
P11   1charter school petitions presented to the state board. The criteria
2shall address all elements required for charter approval, as
3identified in subdivision (b), and shall define “reasonably
4comprehensive” as used in paragraph (5) of subdivision (b) in a
5way that is consistent with the intent of this part. Upon satisfactory
6completion of the criteria, the state board shall adopt the criteria
7on or before June 30, 2001.

8(3) A charter school for which a charter is granted by either the
9county board of education or the state board based on an appeal
10pursuant to this subdivision shall qualify fully as a charter school
11for all funding and other purposes of this part.

12(4) If either the county board of education or the state board
13fails to act on a petition within 120 days of receipt, the decision
14of the governing board of the school district to deny a petition shall
15be subject to judicial review.

16(5) The state board shall adopt regulations implementing this
17 subdivision.

18(6) Upon the approval of the petition by the county board of
19education, the petitioner or petitioners shall provide written notice
20of that approval, including a copy of the petition to the department
21and the state board.

22(k) (1) The state board may, by mutual agreement, designate
23its supervisorial and oversight responsibilities for a charter school
24approved by the state board to any local educational agency in the
25county in which the charter school is located or to the governing
26board of the school district that first denied the petition.

27(2) The designated local educational agency shall have all
28monitoring and supervising authority of a chartering agency,
29including, but not limited to, powers and duties set forth in Section
3047607, except the power of revocation, which shall remain with
31the state board.

32(3) A charter school that is granted its charter through an appeal
33to the state board and elects to seek renewal of its charter shall,
34before expiration of the charter, submit its petition for renewal to
35the governing board of the school district that initially denied the
36charter. If the governing board of the school district denies the
37charter school’s petition for renewal, the charter school may
38petition the state board for renewal of its charter.

39(l) Teachers in charter schools shall hold a Commission on
40Teacher Credentialing certificate, permit, or other document
P12   1equivalent to that which a teacher in other public schools would
2be required to hold. These documents shall be maintained on file
3at the charter school and are subject to periodic inspection by the
4chartering authority. It is the intent of the Legislature that charter
5schools be given flexibility with regard to noncore, noncollege
6preparatory courses.

7(m) A charter school shall transmit a copy of its annual,
8independent financial audit report for the preceding fiscal year, as
9described in subparagraph (I) of paragraph (5) of subdivision (b),
10to its chartering entity, the Controller, the county superintendent
11of schools of the county in which the charter school is sited, unless
12the county board of education of the county in which the charter
13school is sited is the chartering entity, and the department by
14December 15 of each year. This subdivision does not apply if the
15audit of the charter school is encompassed in the audit of the
16chartering entity pursuant to Section 41020.

17

SEC. 3.  

Section 47605.1 of the Education Code is amended to
18read:

19

47605.1.  

(a) (1) Notwithstanding any other law, a charter
20school that is granted a charter from the governing board of a
21school district or county office of education after July 1, 2002, and
22commences providing educational services to pupils on or after
23July 1, 2002, shall locate in accordance with the geographic and
24site limitations of this part.

25(2) Notwithstanding any other law, a charter school that is
26granted a charter by the state board after July 1, 2002, and
27commences providing educational services to pupils on or after
28July 1, 2002, based on the denial of a petition by the governing
29board of a school district or county board of education, as described
30in paragraphs (1) and (2) of subdivision (j) of Section 47605, may
31locate only within the geographic boundaries of the chartering
32entity that initially denied the petition for the charter.

33(3) A charter school that receives approval of its charter from
34a governing board of a school district, a county office of education,
35or the state board before July 1, 2002, but does not commence
36operations until after January 1, 2003, shall be subject to the
37geographic limitations of this part, in accordance with subdivision
38(e).

39(b) Nothing in this section is intended to affect the admission
40requirements contained in subdivision (d) of Section 47605.

P13   1(c) Notwithstanding any other law, a charter school may
2establish a resource center, meeting space, or other satellite facility
3located in a county adjacent to that in which the charter school is
4authorized if the following conditions are met:

5(1) The facility is used exclusively for the educational support
6of pupils who are enrolled in nonclassroom-based independent
7study of the charter school.

8(2) The charter school provides its primary educational services
9in, and a majority of the pupils it serves are residents of, the county
10in which the school is authorized.

11(d) (1) Notwithstanding subdivision (a) or subdivision (a) of
12Section 47605, and except as provided inbegin delete paragraph (3)end deletebegin insert paragraphs
13(3) and (4),end insert
a charter school that is unable to locate within the
14 jurisdiction of the chartering school district may establish one
15facility outside the boundaries of the school district, but within the
16county in which that school district is located, if either of the
17following circumstances exists:

18(A) The school district within the jurisdiction of which the
19charter school proposes to operate provides written approval to
20the chartering school district before the charter petition is approved
21for that facility and before each charter petition renewal.

22(B) The facility is needed for temporary use during the period
23of construction for a construction or expansion project, for up to
2418 months, unless the school district in which the charter school
25proposes to operate approves of a longer period of time. The charter
26school shall provide written notice before the charter petition is
27approved to the school district within the jurisdiction of which the
28charter school proposes to temporarily operate, the county
29superintendent of schools, and the Superintendent.

30(2) A charter school that locates outside the boundaries of the
31chartering school district pursuant to subparagraph (B) of paragraph
32(1) shall notify all parents of the pupils enrolled at the charter
33school at least 60 days before the beginning of the school year of
34all of the following information:

35(A) The name of the chartering school district.

36(B) The physical address of the temporary site at which the
37charter school will locate.

38(C) The reason for the temporary site.

P14   1(D) The physical address of the site the charter school intends
2to locate within the chartering school district after the temporary
3site.

4(E) The contact information, including, but not limited to, the
5name,begin delete phoneend deletebegin insert telephoneend insert number, and email address, of a person
6employed by the governing body of the charter school who may
7be contacted for questions or additional information.

8(3) (A) begin deleteA end deletebegin insertNotwithstanding paragraph (1), a end insertcharter school may
9begin delete continue toend delete operate a facility outside the boundaries of the
10chartering school district if both of the following apply:

14 11(i)  The charter school was authorized before April 1, 2013, to
12locate at that facility.

16 13(ii)  The charter school operated that facility with pupils enrolled
14and attending before September 15, 2014.

15(B) begin deleteA end deletebegin insertNotwithstanding paragraph (1), a end insertcharter school that does
16not meet the requirements of subparagraph (A) maybegin delete continue toend delete
17 operate the facility outside the boundaries of the chartering school
18district if the school district within the jurisdiction of which the
19charter school operates provides written approval to the chartering
20school district.

begin insert

21(4) Notwithstanding paragraph (1), a charter school may
22operate a facility outside the boundaries of the chartering school
23district if either of the following apply:

end insert
begin insert

24(A) The charter school is an American Indian charter school.
25For purposes of this subparagraph, “American Indian charter
26school” means a charter school in which pupils identified as
27American Indian or Alaska Native comprise more than 50 percent
28of the charter school’s enrollment.

end insert
begin insert

29(B) The charter school meets the eligibility criteria for the
30Alternative Schools Accountability Model adopted by the state
31board.

end insert
begin delete

23 32(4)

end delete

33begin insert(5)end insert Notwithstanding paragraph (1), a school district that is
34assigned a negative certification pursuant to paragraph (1) of
35subdivision (a) of Section 42131 shall not authorize new charter
36schools to locate outside the boundaries of the school district.

37(e) (1) For a charter school that was granted approval of its
38charter before July 1, 2002, and provided educational services to
39pupils before July 1, 2002, this section shall only apply to any new
P15   1educational services or schoolsites established or acquired by the
2charter school on or after July 1, 2002.

3(2) For a charter school that was granted approval of its charter
4before July 1, 2002, but did not provide educational services to
5pupils before July 1, 2002, this section shall only apply upon the
6expiration of a charter that is in existence on January 1, 2003.

7(3) Notwithstanding other implementation timelines in this
8section, by June 30, 2005, or upon the expiration of a charter that
9is in existence on January 1, 2003, whichever is later, all charter
10schools shall be required to comply with this section for schoolsites
11at which educational services are provided to pupils before or after
12July 1, 2002, regardless of whether the charter school initially
13received approval of its charter school petition before July 1, 2002.
14To achieve compliance with this section, a charter school shall be
15required to receive approval of a charter petition in accordance
16with this section and Section 47605.

17(4) Nothing in this section is intended to affect the authority of
18a governmental entity to revoke a charter that is granted on or
19before the effective date of this section.

20(f) A charter school that submits its petition directly to a county
21board of education, as authorized by Section 47605.5 or 47605.6,
22may establish charter school operations only within the
23geographical boundaries of the county in which that county board
24of education has jurisdiction.

25(g) Notwithstanding any other law, the jurisdictional limitations
26set forth in this section do not apply to a charter school that
27provides instruction exclusively in partnership with any of the
28following:

29(1) The federal Workforce Investment Act of 1998 (29 U.S.C.
30Sec. 2801 et seq.).

31(2) Federally affiliated YouthBuild programs.

32(3) Federal job corps training or instruction provided pursuant
33to a memorandum of understanding with the federal provider.

34(4) The California Conservation Corps or local conservation
35corps certified by the California Conservation Corps pursuant to
36 Section 14507.5 or 14406 of the Public Resources Code.

P16   1(5) Instruction provided to juvenile court school pupils pursuant
2to subdivision (b) of Section 42238.18 or pursuant to Section 1981
3for individuals who are placed in a residential facility.



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