BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Dede Alpert, Chair
1999-2000 Regular Session
BILL NO: SB 2105
AUTHOR: Lewis
AMENDED: May 1, 2000
FISCAL COMM: Yes HEARING DATE: May 10, 2000
URGENCY: No CONSULTANT:James Wilson
SUMMARY
This bill requires a local educational agency that is the
chartering authority for a charter school to submit reports
to the State Teachers' Retirement System (STRS) and the
Public Employees Retirement System (PERS) on behalf of the
charter school's employees.
BACKGROUND
Current law provides for the governing board of a school
district or county office of education, or the State Board
of Education, to approve a petition for operation of a
charter school unless the Board determines that the charter
should not be approved for specified reasons.
Current law allows charter school to elect to participate
in the State Teachers' Retirement System (STRS) and, in a
school that elects to participate the law requires that all
employees who perform "creditable" service shall be
entitled to have that service covered under the STRS
Defined Benefit Program or Cash Balance Benefit Program.
School districts are allowed to charge 1% to 3% of a
charter school's revenue for the costs of supervisorial
oversight, but such oversight does not typically include
administrative services. Charter schools are currently
free to contract with the district, or any other provider,
for administrative services such as payroll processing.
ANALYSIS
This bill:
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1) Requires a local educational agency that is the
chartering authority for a charter school to submit
reports to the State Teachers' Retirement System
(STRS) and the Public Employees Retirement System
(PERS) on behalf of the charter school's employees.
2) Allows a local educational agency that submits reports
to the STRS or PERS on behalf of a charter school to
charge the school for the actual costs of reporting,
but prohibits the local educational agency from
requiring the charter school to purchase payroll
processing services as a condition of preparing the
reports.
SUPPORT
California Teachers Association
California Network of Educational Charters
OPPOSITION
None received on this version of the bill.
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Attachment
47610. A charter school shall comply with this part and
all of the provisions set forth in its charter, but is
otherwise exempt from the laws governing school districts
except all of the following:
(a) As specified in Section 47611.
(b) As specified in Section 41365.
(c) All laws establishing minimum age for public school
attendance.
47611. If a charter school chooses to make the State
Teacher's Retirement Plan available, all employees of the
charter school who perform creditable service shall be
entitled to have that service covered under the plan's
Defined Benefit Program or Cash Balance Benefit Program,
and all provisions of Part 13 (commencing with Section
22000) and Part 14 (commencing with Section 26000) shall
apply in the same manner as the provisions apply to other
public schools in the school district that granted the
charter.
47613. (a) Except as set forth in subdivision (b), a
chartering agency may charge for the actual costs of
supervisorial oversight of a charter school not to exceed 1
percent of the revenue of the charter school.
(b) A chartering agency may charge for the actual costs of
supervisorial oversight of a charter school not to exceed 3
percent of the revenue of the charter school if the charter
school is able to obtain substantially rent free facilities
from the chartering agency.
(c) A local agency that is given the responsibility for
supervisorial oversight of a charter school, pursuant to
paragraph (1) of subdivision (k) of Section 47605, may
charge for the costs of supervisorial oversight, and
administrative costs necessary to secure charter school
funding, not to exceed 3 percent of the revenue of the
charter school. A charter school that is charged for costs
under this subdivision shall not be charged pursuant to
subdivision (a) or (b).
(d) This section shall not prevent the charter school from
separately purchasing administrative or other services from
the chartering agency or any other source. (e) For the
purposes of this section, a chartering agency means a
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school district, county department of education, or the
State Board of Education, that granted the charter to the
charter school.