BILL NUMBER: SB 2105 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2000
INTRODUCED BY Senator Lewis
FEBRUARY 25, 2000
An act to add Section 47611.3 to the Education Code, relating to
charter schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 2105, as amended, Lewis. Charter schools.
Existing law requires that a petition for the establishment of a
charter school contain a reasonably comprehensive description of the
manner by which staff members of a charter school will be covered by
the State Teachers' Retirement System, the Public Employees'
Retirement System, or federal social security. Existing law
also authorizes two or more public agencies, if authorized by their
legislative or other governing bodies, to jointly exercise any power
common to the contracting parties.
This bill would authorize a school district or county office of
education to take specified actions regarding payroll processing and
retirement reporting on behalf of charter schools. The bill would
also authorize two or more charter schools, if authorized by their
governing bodies, to enter into a joint exercise of powers agreement
solely for the purposes of providing payroll processing services for
those charter schools and providing reporting services for those
charter schools for the purposes of creating and submitting reports
required pursuant to the State Teachers' Retirement System or the
Public Employees' Retirement System. Existing law
authorizes a chartering agency to charge for the actual costs of
supervisorial oversight of a charter school. Existing law permits a
charter school to separately purchase administrative or other
services from its chartering agency or other source.
This bill would require a school district or county office of
education that is the chartering authority of a charter school to
create any reports required by the State Teachers' Retirement System
and the Public Employees' Retirement System and submit them to those
systems on behalf of that charter school, thereby imposing a
state-mandated local program. The bill would authorize the
chartering authority to charge the charter school for the actual
costs of the reporting services. The bill would also prohibit a
school district or county office of education from requiring a
charter school to purchase payroll processing services from it as a
condition of providing the reporting services.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47611.3 is added to the Education Code, to
read:
47611.3. (a) A school district or county office of
47611.3. (a) A school district or county office of education that
is the chartering authority of a charter school shall create any
reports required by the State Teachers' Retirement System and the
Public Employees' Retirement System and submit the reports to those
systems on behalf of the charter school. The school district or
county office of education may charge the charter school for the
actual costs of the reporting services.
(b) As a condition of creating and submitting reports to the State
Teachers' Retirement Systems and the Public Employees Retirement
System, the school district or county office of education shall not
require a charter school to purchase payroll processing services for
the charter school.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code. education may do any of
the following:
(1) Submit reports and payroll data to the State Teachers'
Retirement System or the Public Employees' Retirement System on
behalf of a charter school.
(2) Provide payroll processing services for a charter school.
(3) Provide reporting services for a charter school for the
purposes of creating and submitting reports to the State Teachers'
Retirement System or the Public Employees' Retirement System.
(b) If authorized by their governing bodies, two or more charter
schools may enter into an agreement established pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, solely for the following purposes:
(1) To provide payroll processing services for the charter schools
that are parties to the agreement.
(2) To provide reporting services for the charter schools that are
parties to the agreement for the purposes of creating and submitting
reports required pursuant to the State Teachers' Retirement System
or the Public Employees' Retirement System.