BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 1263
AUTHOR: Pavley
AMENDED: April 24, 2014
FISCAL COMM: Yes HEARING DATE: April 30, 2014
URGENCY: No CONSULTANT:Lenin Del Castillo
SUBJECT : Charter School Oversight and Petition
Requirements.
SUMMARY
This bill would establish a new conflict resolution process
regarding the charter petitioning process, establishment,
and operation of charter schools.
BACKGROUND
Under existing law, the Charter Schools Act of 1992
provides for the establishment of charter schools in
California for the purpose, among other things, to improve
student learning and expand learning experiences for pupils
who are identified as academically low achieving. Charter
schools are public schools that provide instruction in any
combination of grades kindergarten through grade 12. A
charter school may be authorized by a school district, a
county board of education, or the State Board of Education,
as specified. Some charter schools are new while others
are conversions from existing schools. Except where
specifically noted otherwise, California law exempts
charter schools from many of the statutes and regulations
that apply to schools and school districts.
According to the State Department of Education, there were
over 1,000 charter schools (including three statewide
benefit charters and 33 approved by the State Board of
Education) with an enrollment of approximately 456,000
pupils operating in the state in 2012-13.
Parents, teachers, or community members may initiate a
charter petition, which is typically presented to and
approved by a local school district governing board. The
SB 1263
Page 2
law also allows, under certain circumstances, for county
boards of education and the State Board of Education to
authorize charter schools. The specific goals for a
charter school are detailed in the agreement (charter)
between the authorizing entity and the charter developer.
The charter petition is also required to include a
description of the educational program of the school and
several other policies and procedures relating to
employees, pupils, and finances. Current law establishes
procedures for the renewal of charter schools, not to
exceed five years.
Current law requires that charter schools: 1) are
nonsectarian in their programs, admission policies,
employment practices, and all other operations; 2) not
charge tuition; and 3) not discriminate against any pupil
on the basis of the characteristics, as specified.
Admission to a charter school may not be determined
according to the place of residence of the pupil, or of his
or her parent or legal guardian. Additionally, a charter
school is required to admit all pupils who wish to attend
the school. However, if the number of pupils who wish to
attend the charter school exceeds the school's capacity,
attendance is determined by a public random drawing.
(Education Code � 47605 et seq.)
ANALYSIS
This bill would establish a new conflict resolution process
regarding the charter petitioning process, establishment,
and operation of charter schools. Specifically, this bill:
1) Allows a charter school, its chartering authority,
or a school district or county office of education in
which the charter operates within the boundaries of
that school district or county office of education, to
submit a written complaint to the Advisory Committee
on Charter Schools upon a determination that a
substantive violation of a provision regarding a
charter school's petition or operations, as specified.
2) Upon receipt of a written complaint, requires the
Advisory Committee on Charter Schools to appoint a
panel to hear the complaint. The panel shall be
SB 1263
Page 3
composed of three representatives of the advisory
committee, one representative of a school district
superintendent, governing board of a school district,
or county superintendent of schools, one charter
school representative, and one teacher. The panel
shall hear the written complaint and may do either of
the following:
a) Determine if a substantive violation has
occurred.
b) If the panel determines a substantive
violation has occurred, recommend to the State
Board of Education a corrective action plan for
the charter school or local education agency in
violation and consequences if the charter school
or local education agency in violation fails to
implement the corrective action plan.
1) Requires the panel to submit any recommendations it
makes to the State Board of Education.
2) Requires the State Board of Education to consider
whether to adopt and implement the recommendations
submitted by the panel.
STAFF COMMENTS
1) Need for the bill . According to the author's office,
school districts and county offices of education, and
charter schools routinely have conflicting views of
the Education Code, particularly as it pertains to the
establishment and operation of charter schools.
Specifically, the author's office indicates that
current law permits a charter school to locate a
classroom based school site outside of the geographic
boundaries of the charter's authorizing entity under
limited circumstances. Under these situations,
problems can arise for the school district in which
the charter school operates and that school district,
which is not the authorizing entity, does not have any
oversight or monitoring authority.
SB 1263
Page 4
2) Current oversight for charter authorizers . Current law
requires a charter school to promptly respond to all
reasonable inquiries, including, but not limited to,
inquiries regarding its financial records, 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 these entities
regarding any inquiries. Each chartering authority is
also required to do all of the following with respect
to each charter school under its authority:
a) Identify at least one staff member as a
contact person for the charter school.
b) Visit each charter school at least annually.
c) Ensure that each charter school under its
authority complies with all reports required of
charter schools by law.
d) Monitor the fiscal condition of each charter
school under its authority.
e) Provide timely notification to the State
Department of Education if any of the following
circumstances occur or will occur with regard to
a charter school for which it is the chartering
authority:
i) A renewal of the charter is granted
or denied.
ii) The charter is revoked.
iii) The charter school will cease
operation for any reason.
Current law requires each charter school to annually
prepare and submit reports to its chartering authority
and county superintendent of schools or only to the
county superintendent of schools if the county board
of education is the chartering authority. These
reports include a preliminary budget, interim
financial reports, and audits. Current law also
SB 1263
Page 5
requires the chartering authority to use any financial
information it obtains from the charter school,
including, but not limited to, the reports required by
this section, to assess the fiscal condition of the
charter school.
3) Is additional oversight necessary ? As described
above, current law already provides for rather
prescriptive oversight mechanisms for charter schools
involving the charter authorizer, county office of
education, and the Superintendent of Public
Instruction. As such, it is unclear why the
additional oversight process proposed by this bill is
necessary. Additionally, by creating a new level of
authority where the review of a charter school can be
triggered by an outside entity, this bill could
potentially make it more difficult to establish or
operate charter schools.
SUPPORT
Castaic Union School District
Newhall School District
Saugus Union School District
School Employers Association of California
Sulphur Springs School District
William S. Hart Union High School District
OPPOSITION
California Charter Schools Association