SB 1362: Charter schools: petitions:chartering authority duties:oversight costs: Legislative Analyst Report.
- Session Year: 2017-2018
- House: Senate
(1)Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools. The act authorizes the governing board of a school district, a county board of education, and the State Board of Education to approve a petition for the establishment of a charter school and to act as a chartering authority. Existing law prohibits the governing board of a school district from denying a petition unless it makes written factual findings, specific to the particular petition, to support one or more specific findings. Existing law requires a county board of education to deny a petition if it makes one or more specific findings, and existing law authorizes the state board to deny a petition based on any of the reasons a county board of education is required to deny a petition.
This bill would add to the list of reasons justifying denial of a charter petition by the governing board of a school district, a county board of education, or the state board, among other things, that the charter school is unlikely to meet its financial obligations, maintain a positive fund balance, and maintain a prudent level of reserves for the duration of the charter agreement, and that the governing board of a school district, county board of education, or state board determines, based on justification, that approving the charter school would not be in the best interests of the pupils of the community.
The bill would also require the governing board of a school district and a county board of education, after receiving a petition, to conduct a capacity interview for the petitioner to demonstrate experience and expertise relating to the contents of the petition, as provided.
To the extent the bill would impose new requirements on local educational agencies, the bill would impose a state-mandated local program.
(2)Existing law requires each chartering authority to take specified actions for purposes of oversight of the charter schools under its authority. Existing law authorizes a chartering authority to charge for the actual costs of supervisorial oversight of a charter school an amount not to exceed 1% of the revenue of the charter school, and authorizes a chartering authority to charge for those costs an amount not to exceed 3% of the revenue of the charter school if the charter school is able to obtain substantially rent-free facilities from the chartering authority.
This bill would also require each chartering authority to monitor the fiscal conditions, academic performance, and governance of a charter school for purposes of oversight of the charter schools under its authority, as specified. The bill would increase the amount a chartering authority is authorized to charge for the actual costs of supervisorial oversight of a charter school to an amount not to exceed 3% of the revenue of the charter school, and an amount not to exceed 6% of the revenue of the charter school if the charter school is able to obtain substantially rent-free facilities from the chartering authority. To the extent the bill would impose new requirements on local educational agencies, the bill would impose a state-mandated local program.
(3)Existing law authorizes a charter school to be deemed a local educational agency for purposes of special education funding or to be deemed a public school of the local educational agency that granted the charter for those purposes. Existing law requires that individuals with exceptional needs attending charter schools be served in the same manner as individuals with exceptional needs are served in other public schools.
This bill would require the Legislative Analyst, on or before July 1, 2020, to submit a report to the Legislature on the impact that a charter school special education local plan area serving over 250 charter schools has on special education services provided to California pupils, special education services for pupils with disabilities in charter schools, and would require the report to include policy recommendations and take certain considerations into account.
(4)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
