SB 329: Charter schools: petition and report and review at public hearing: competitive bidding.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-04-29
(1)Existing law, the Charter Schools Act of 1992 (the Charter Schools Act), specifies the petition process for the establishment of a charter school within a school district. As part of that process, the Charter Schools Act requires, no later than 30 days after receiving a petition, the governing board of a school district to hold a public hearing on the provisions of the charter, at which time the governing board of the school district is required to consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents.
This bill would require the governing board of a school district to also consider a report assessing whether school district staff has the capacity to conduct oversight of the charter school described in the petition and a report of the anticipated financial and educational impact on the other schools that the governing board of the school district has oversight obligations for. By imposing additional duties on school district officials, the bill would impose a state-mandated local program.
(2)The Charter Schools Act prohibits the governing board of a school district from denying a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, to support one or more specific findings, including, among others, that the petition lacks the requisite number of signatures or that the charter school presents an unsound educational program. If the governing board of the school district denies the petition, the Charter Schools Act authorizes the petitioners to elect to submit the petition to the county board of education, and if the county board of education denies the petition, to submit the petition to the State Board of Education, and requires the county board of education and the state board to review the petition pursuant to the provisions applicable to the governing board of a school district.
This bill would add having a negative fiscal impact on the school district to the list of specific findings sufficient to authorize the governing board of a school district to deny a petition, as provided.
(3)
(2)The Charter Schools Act specifies a separate petition process for the establishment of a countywide charter school. As part of that separate process, the Charter Schools Act requires, no later than 60 days after receiving a petition, a county board of education to hold a public hearing on the provisions of the charter, at which time the county board of education is required to consider the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities.
This bill would require a county board of education to also consider a report assessing whether county office of education staff has the capacity to conduct oversight of the charter school described in the petition and a report of the anticipated financial and educational impact on the other schools that the governing board of a school district has oversight obligations for. By imposing additional duties on county boards of education, the bill would impose a state-mandated local program.
(4)The Charter Schools Act requires a county board of education to deny a petition for the establishment of a countywide charter school if it makes certain findings, including, among others, that the petition lacks the requisite number of signatures or that the charter school presents an unsound educational program. The Charter Schools Act also specifies a separate petition process for the establishment of a state charter school whereby the petition is submitted directly to the State Board of Education, and authorizes the state board to deny a petition for any of the reasons that require a county board of education to deny a petition.
This bill would require a county board of education to, and would thus authorize the state board to, deny a petition if it finds that the charter school would have a negative financial impact on a school district, as provided. To the extent this bill would impose additional duties on a county board of education, the bill would impose a state-mandated local program.
(5)
(3)Existing law, the Local Agency Public Construction Act (the act), sets forth the requirements for competitive bidding on various types of contracts awarded by state and local agencies, including a school district. The act requires, among other things, the governing board of a school district to let contracts for the purchase of equipment, materials, or supplies to be furnished, leased, or sold to the school district, services other than construction services, and certain repairs, involving an expenditure of more than $50,000, and to let contracts for public projects, as defined, involving an expenditure of $15,000 or more, to the lowest responsible bidder who gives security as the governing board of the school district requires.
This bill would apply the provisions of the act applicable to school districts to charter schools. By imposing additional duties on charter school officials, the bill would impose a state-mandated local program.
(6)
(4)This bill also would update references and make other nonsubstantive changes.
(7)
(5)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 these statutory provisions.
(1)Existing law, the Charter Schools Act of 1992 (the Charter Schools Act), specifies the petition process for the establishment of a charter school within a school district. As part of that process, the Charter Schools Act requires, no later than 30 days after receiving a petition, the governing board of a school district to hold a public hearing on the provisions of the charter, at which time the governing board of the school district is required to consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents.
This bill would require the governing board of a school district to also consider a report assessing whether school district staff has the capacity to conduct oversight of the charter school described in the petition and a report of the anticipated financial and educational impact on the other schools that the governing board of the school district has oversight obligations for. By imposing additional duties on school district officials, the bill would impose a state-mandated local program.
(2)The Charter Schools Act prohibits the governing board of a school district from denying a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, to support one or more specific findings, including, among others, that the petition lacks the requisite number of signatures or that the charter school presents an unsound educational program. If the governing board of the school district denies the petition, the Charter Schools Act authorizes the petitioners to elect to submit the petition to the county board of education, and if the county board of education denies the petition, to submit the petition to the State Board of Education, and requires the county board of education and the state board to review the petition pursuant to the provisions applicable to the governing board of a school district.
This bill would add having a negative fiscal impact on the school district to the list of specific findings sufficient to authorize the governing board of a school district to deny a petition, as provided.
(3)The Charter Schools Act specifies a separate petition process for the establishment of a countywide charter school. As part of that separate process, the Charter Schools Act requires, no later than 60 days after receiving a petition, a county board of education to hold a public hearing on the provisions of the charter, at which time the county board of education is required to consider the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities.
This bill would require a county board of education to also consider a report assessing whether county office of education staff has the capacity to conduct oversight of the charter school described in the petition and a report of the anticipated financial and educational impact on the other schools that the governing board of a school district has oversight obligations for. By imposing additional duties on county boards of education, the bill would impose a state-mandated local program.
(4)The Charter Schools Act requires a county board of education to deny a petition for the establishment of a countywide charter school if it makes certain findings, including, among others, that the petition lacks the requisite number of signatures or that the charter school presents an unsound educational program. The Charter Schools Act also specifies a separate petition process for the establishment of a state charter school whereby the petition is submitted directly to the State Board of Education, and authorizes the state board to deny a petition for any of the reasons that require a county board of education to deny a petition.
This bill would require a county board of education to, and would thus authorize the state board to, deny a petition if it finds that the charter school would have a negative financial impact on a school district, as provided. To the extent this bill would impose additional duties on a county board of education, the bill would impose a state-mandated local program.
(5)Existing law, the Local Agency Public Construction Act (the act), sets forth the requirements for competitive bidding on various types of contracts awarded by state and local agencies, including a school district. The act requires, among other things, the governing board of a school district to let contracts for the purchase of equipment, materials, or supplies to be furnished, leased, or sold to the school district, services other than construction services, and certain repairs, involving an expenditure of more than $50,000, and to let contracts for public projects, as defined, involving an expenditure of $15,000 or more, to the lowest responsible bidder who gives security as the governing board of the school district requires.
This bill would apply the provisions of the act applicable to school districts to charter schools. By imposing additional duties on charter school officials, the bill would impose a state-mandated local program.
(6)This bill also would update references and make other nonsubstantive changes.
(7)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 these statutory provisions.
Existing law requires the accounting system used to record the financial affairs of any school district to be in accordance with the definitions, instructions, and procedures published in the California School Accounting Manual as approved by the State Board of Education and furnished by the Superintendent of Public Instruction.
This bill would make nonsubstantive changes to these provisions.
Existing law requires the accounting system used to record the financial affairs of any school district to be in accordance with the definitions, instructions, and procedures published in the California School Accounting Manual as approved by the State Board of Education and furnished by the Superintendent of Public Instruction.
This bill would make nonsubstantive changes to these provisions.
(a)(1)Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district, as long as each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met:
(A)The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation.
(B)The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation.
(2)A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (c) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted.
(3)A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teachers signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(4)After receiving approval of its petition, a charter school that proposes to establish operations at one or more additional sites shall request a material revision to its charter and shall notify the authority that granted its charter of those additional locations. The authority that granted its charter shall consider whether to approve those additional locations at an open, public meeting. If the additional locations are approved, there shall be a material revision to the charter schools charter.
(5)A charter school that is unable to locate within the jurisdiction of the chartering school district may 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 within the jurisdiction of which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools and the Superintendent are notified of the location of the charter school before it commences operations, and either of the following circumstances exists:
(A)The 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 school chooses to locate.
(B)The site is needed for temporary use during a construction or expansion project.
(6)Commencing January 1, 2003, a petition to establish a charter school shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district.
(b)No later than 30 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider: (A) the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents, (B) parents; a report assessing whether school district staff has the capacity to conduct oversight of the charter school described in the petition, and (C) petition; and a report of the anticipated financial and educational impact on the other schools that the governing board of the school district has oversight obligations for. Following review of the petition and the reports and after the public hearing, the governing board of the school district shall either grant or deny the charter within 60 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a charter school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:
(1)The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2)The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3)The petition does not contain the number of signatures required by subdivision (a).
(4)The petition does not contain an affirmation of each of the conditions described in subdivision (d).
(5)The charter school would have a negative fiscal impact on the school district. For purposes of this paragraph, the finding that a charter school would have a negative fiscal impact on a school district shall only be established, and shall be deemed to be established, if any of the following conditions are met:
(A)The school district has received a negative financial certification pursuant to Section 42131.
(B)The school district has received an emergency apportionment or loan and is operating under the oversight of a state-appointed administrator or trustee pursuant to Article 2 (commencing with Section 41320) of, or Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3.
(C)The school district, due to declining enrollment of pupils, is in the process of closing a school that the charter petition has identified as a proposed schoolsite for the charter school and the school district has received a qualified financial certification pursuant to Section 42131 or would receive a qualified financial certification pursuant to Section 42131 if the charter petition is approved.
(6)
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)A description of the educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an educated person in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii)A description, for the charter school, of annual goals, for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii)If the proposed charter school will serve high school pupils, a description of the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the A to G admissions criteria may be considered to meet college entrance requirements.
(B)The measurable pupil outcomes identified for use by the charter school. Pupil outcomes, for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter schools educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.
(C)The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D)The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.
(E)The qualifications to be met by individuals to be employed by the charter school.
(F)The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the charter school furnish it with a criminal record summary as described in Section 44237.
(G)The means by which the charter school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.
(H)Admission requirements, if applicable.
(I)The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.
(J)The procedures by which pupils can be suspended or expelled.
(K)The manner by which staff members of the charter schools will be covered by the State Teachers Retirement System, the Public Employees Retirement System, or federal social security.
(L)The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.
(M)A description of the rights of an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.
(N)The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.
(O)A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(P)A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
(c)(1)Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Sections 60605 and 60851 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2)Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter schools educational programs.
(d)(1)In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.
(2)(A)A charter school shall admit all pupils who wish to attend the charter school.
(B)If the number of pupils who wish to attend the charter school exceeds the charter schools capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
(3)If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupils last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(e)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(f)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(g)The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation.
(h)In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as it read before July 19, 2006.
(i)Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board.
(j)(1)If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The county board of education shall review the petition pursuant to subdivision (b). If the petitioner elects to submit a petition for establishment of a charter school to the county board of education and the county board of education denies the petition, the petitioner may file a petition for establishment of a charter school with the state board, and the state board may approve the petition, in accordance with subdivision (b). A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the entity to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate.
(2)In assuming its role as a chartering agency, the state board shall develop criteria to be used for the review and approval of charter school petitions presented to the state board. The criteria shall address all elements required for charter approval, as identified in subdivision (b), and shall define reasonably comprehensive, as used in paragraph (5) of subdivision (b), in a way that is consistent with the intent of this part. Upon satisfactory completion of the criteria, the state board shall adopt the criteria on or before June 30, 2001.
(3)A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part.
(4)If either the county board of education or the state board fails to act on a petition within 120 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(5)The state board shall adopt regulations implementing this subdivision.
(6)Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the department and the state board.
(k)(1)The state board may, by mutual agreement, designate its supervisorial and oversight responsibilities for a charter school approved by the state board to any local educational agency in the county in which the charter school is located or to the governing board of the school district that first denied the petition.
(2)The designated local educational agency shall have all monitoring and supervising authority of a chartering agency, including, but not limited to, powers and duties set forth in Section 47607, except the power of revocation, which shall remain with the state board.
(3)A charter school that is granted its charter through an appeal to the state board and elects to seek renewal of its charter shall, before expiration of the charter, submit its petition for renewal to the governing board of the school district that initially denied the charter. If the governing board of the school district denies the charter schools petition for renewal, the charter school may petition the state board for renewal of its charter.
(l)Teachers in charter schools shall hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. It is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses.
(m)A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering entity, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.
SEC. 2.Section 47605.6 of the Education Code is amended to read:47605.6.(a)(1)In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions is met:
(A)The petition is signed by a number of parents or guardians of pupils residing within the county that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days notice of the petitioners intent to operate a charter school pursuant to this section.
(B)The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days notice of the petitioners intent to operate a charter school pursuant to this section.
(2)An existing public school may not be converted to a charter school in accordance with this section.
(3)After receiving approval of its petition, a charter school that proposes to establish operations at additional sites within the geographic boundaries of the county board of education shall notify the school districts where those sites will be located. The charter school shall also request a material revision of its charter by the county board of education that approved its charter and the county board of education shall consider whether to approve those additional locations at an open, public meeting, held no sooner than 30 days following notification of the school districts where the sites will be located. If approved, the location of the approved sites shall be a material revision of the charter schools approved charter.
(4)A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teachers signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(b)No later than 60 days after receiving a petition, in accordance with subdivision (a), the county board of education shall hold a public hearing on the provisions of the charter, at which time the county board of education shall consider: (A) the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities, (B) facilities; a report assessing whether county office of education staff has the capacity to conduct oversight of the charter school described in the petition, and (C) petition; and a report of the anticipated financial and educational impact on the other schools that the governing board of a school district has oversight obligations for. Following review of the petition and the reports and after the public hearing, the county board of education shall either grant or deny the charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension. A county board of education may impose any additional requirements beyond those required by this section that it considers necessary for the sound operation of a countywide charter school. A county board of education may grant a charter for the operation of a charter school under this part only if the county board of education is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. The county board of education shall deny a petition for the establishment of a charter school if the county board of education finds one or more of the following:
(1)The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2)The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3)The petition does not contain the number of signatures required by subdivision (a).
(4)The petition does not contain an affirmation of each of the conditions described in subdivision (d).
(5)The charter school would have a negative fiscal impact on a school district. For purposes of this paragraph, the finding that a charter school would have a negative fiscal impact on a school district shall only be established, and shall be deemed to be established, if any of the following conditions are met:
(A)The school district has received a negative financial certification pursuant to Section 42131.
(B)The school district has received an emergency apportionment or loan and is operating under the oversight of a state-appointed administrator or trustee pursuant to Article 2 (commencing with Section 41320) of, or Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3.
(C)The school district, due to declining enrollment of pupils, is in the process of closing a school that the charter petition has identified as a proposed schoolsite for the charter school and the school district has received a qualified financial certification pursuant to Section 42131 or would receive a qualified financial certification pursuant to Section 42131 if the charter petition is approved.
(6)
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)A description of the educational program of the charter school, designed, among other things, to identify those pupils whom the charter school is attempting to educate, what it means to be an educated person in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii)A description, for the charter school, of annual goals, for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii)If the proposed charter school will enroll high school pupils, a description of the manner in which the charter school will inform parents regarding the transferability of courses to other public high schools. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered to be transferable to other public high schools.
(iv)If the proposed charter school will enroll high school pupils, information as to the manner in which the charter school will inform parents as to whether each individual course offered by the charter school meets college entrance requirements. Courses approved by the University of California or the California State University as satisfying their prerequisites for admission may be considered as meeting college entrance requirements for purposes of this clause.
(B)The measurable pupil outcomes identified for use by the charter school. Pupil outcomes, for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and aptitudes specified as goals in the charter schools educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.
(C)The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D)The location of each charter school facility that the petitioner proposes to operate.
(E)The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.
(F)The qualifications to be met by individuals to be employed by the charter school.
(G)The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the charter school furnish it with a criminal record summary as described in Section 44237.
(H)The means by which the charter school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the county board of education to which the charter petition is submitted.
(I)The manner in which annual, independent, financial audits shall be conducted, in accordance with regulations established by the state board, and the manner in which audit exceptions and deficiencies shall be resolved.
(J)The procedures by which pupils can be suspended or expelled.
(K)The manner by which staff members of the charter schools will be covered by the State Teachers Retirement System, the Public Employees Retirement System, or federal social security.
(L)The procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter.
(M)A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code).
(N)Admission requirements of the charter school, if applicable.
(O)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(P)A description of the rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school, and a description of any rights of return to the county office of education that an employee may have upon leaving the employ of the charter school.
(Q)A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of public records.
(7)
(6)Any other basis that the county board of education finds justifies the denial of the petition.
(c)A county board of education that approves a petition for the operation of a countywide charter may, as a condition of charter approval, enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board of education on the operations of the charter school. The county board of education may prescribe the aspects of the charter schools operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the county board of education.
(d)(1)Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2)Charter schools shall on a regular basis consult with their parents and teachers regarding the schools educational programs.
(e)(1)In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of ethnicity, national origin, gender, gender identity, gender expression, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or guardian, within this state.
(2)(A)A charter school shall admit all pupils who wish to attend the charter school.
(B)If the number of pupils who wish to attend the charter school exceeds the charter schools capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.
(C)In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
(f)The county board of education shall not require an employee of the county or a school district to be employed in a charter school.
(g)The county board of education shall not require a pupil enrolled in a county program to attend a charter school.
(h)The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school, any school district where the charter school may operate, and upon the county board of education. The petitioner or petitioners also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation.
(i)In reviewing petitions for the establishment of charter schools within the county, the county board of education shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as it read before July 19, 2006.
(j)Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the school districts within the county, the Superintendent, and the state board.
(k)If a county board of education denies a petition, the petitioner may not elect to submit the petition for the establishment of the charter school to the state board.
(l)Teachers in charter schools shall be required to hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority.
(m)A charter school shall transmit a copy of its annual, independent, financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to the county office of education, the Controller, and the department by December 15 of each year. This subdivision shall not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.
SEC. 3.Section 20110 of the Public Contract Code is amended to read:20110.(a)The provisions of this part shall apply to contracts awarded by school districts subject to Part 21 (commencing with Section 35000) of Division 3 of Title 2 of the Education Code.
(b)The provisions of this part shall also apply to contracts awarded by a charter school established pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2 of the Education Code.
(c)(1)For purposes of this part, a charter school shall be deemed a school district and the governing body of a charter school shall be deemed the governing board of a school district.
(2)For purposes of this part, a reference to a school district or the governing board of a school district shall be deemed to also reference a charter school or the governing body of a charter school, as applicable.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district, as long as each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met:
(A)The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation.
(B)The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation.
(2)A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (b) (c) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted.
(3)A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teachers signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(4)After receiving approval of its petition, a charter school that proposes to establish operations at one or more additional sites shall request a material revision to its charter and shall notify the authority that granted its charter of those additional locations. The authority that granted its charter shall consider whether to approve those additional locations at an open, public meeting. If the additional locations are approved, they there shall be a material revision to the charter schools charter.
(5)A charter school that is unable to locate within the jurisdiction of the chartering school district may 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 within the jurisdiction of which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools and the Superintendent are notified of the location of the charter school before it commences operations, and either of the following circumstances exists:
(A)The 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 school chooses to locate.
(B)The site is needed for temporary use during a construction or expansion project.
(6)Commencing January 1, 2003, a petition to establish a charter school may shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district.
(b)No later than 30 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider consider: (A) the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. parents, (B) a report assessing whether school district staff has the capacity to conduct oversight of the charter school described in the petition, and (C) a report of the anticipated financial and educational impact on the other schools that the governing board of the school district has oversight obligations for. Following review of the petition and the reports and after the public hearing, the governing board of the school district shall either grant or deny the charter within 60 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a charter school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:
(1)The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2)The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3)The petition does not contain the number of signatures required by subdivision (a).
(4)The petition does not contain an affirmation of each of the conditions described in subdivision (d).
(5)The charter school would have a negative fiscal impact on the school district. For purposes of this paragraph, the finding that a charter school would have a negative fiscal impact on a school district shall only be established, and shall be deemed to be established, if any of the following conditions are met:
(A)The school district has received a negative financial certification pursuant to Section 42131.
(B)The school district has received an emergency apportionment or loan and is operating under the oversight of a state-appointed administrator or trustee pursuant to Article 2 (commencing with Section 41320) of, or Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3.
(C)The school district, due to declining enrollment of pupils, is in the process of closing a school that the charter petition has identified as a proposed schoolsite for the charter school and the school district has received a qualified financial certification pursuant to Section 42131 or would receive a qualified financial certification pursuant to Section 42131 if the charter petition is approved.
(5)
(6)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)A description of the educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an educated person in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii)A description, for the charter school, of annual goals, for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii)If the proposed charter school will serve high school pupils, a description of the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the A to G admissions criteria may be considered to meet college entrance requirements.
(B)The measurable pupil outcomes identified for use by the charter school. Pupil outcomes, for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter schools educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.
(C)The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D)The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.
(E)The qualifications to be met by individuals to be employed by the charter school.
(F)The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the charter school furnish the school it with a criminal record summary as described in Section 44237.
(G)The means by which the charter school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.
(H)Admission requirements, if applicable.
(I)The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.
(J)The procedures by which pupils can be suspended or expelled.
(K)The manner by which staff members of the charter schools will be covered by the State Teachers Retirement System, the Public Employees Retirement System, or federal social security.
(L)The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.
(M)A description of the rights of any an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.
(N)The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.
(O)A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(P)A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
(c)(1)Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Sections 60605 and 60851 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2)Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter schools educational programs.
(d)(1)In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.
(2)(A)A charter school shall admit all pupils who wish to attend the charter school.
(B)If the number of pupils who wish to attend the charter school exceeds the charter schools capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
(3)If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupils last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(e)The governing board of a school district shall not require any an employee of the school district to be employed in a charter school.
(f)The governing board of a school district shall not require any a pupil enrolled in the school district to attend a charter school.
(g)The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners shall also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation.
(h)In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as it read before July 19, 2006.
(i)Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board.
(j)(1)If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The county board of education shall review the petition pursuant to subdivision (b). If the petitioner elects to submit a petition for establishment of a charter school to the county board of education and the county board of education denies the petition, the petitioner may file a petition for establishment of a charter school with the state board, and the state board may approve the petition, in accordance with subdivision (b). A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the entity to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate.
(2)In assuming its role as a chartering agency, the state board shall develop criteria to be used for the review and approval of charter school petitions presented to the state board. The criteria shall address all elements required for charter approval, as identified in subdivision (b) (b), and shall define reasonably comprehensive comprehensive, as used in paragraph (5) of subdivision (b) (b), in a way that is consistent with the intent of this part. Upon satisfactory completion of the criteria, the state board shall adopt the criteria on or before June 30, 2001.
(3)A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part.
(4)If either the county board of education or the state board fails to act on a petition within 120 days of receipt, the decision of the governing board of the school district to deny a the petition shall, thereafter, shall be subject to judicial review.
(5)The state board shall adopt regulations implementing this subdivision.
(6)Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition petition, to the department and the state board.
(k)(1)The state board may, by mutual agreement, designate its supervisorial and oversight responsibilities for a charter school approved by the state board to any local educational agency in the county in which the charter school is located or to the governing board of the school district that first denied the petition.
(2)The designated local educational agency shall have all monitoring and supervising authority of a chartering agency, including, but not limited to, powers and duties set forth in Section 47607, except the power of revocation, which shall remain with the state board.
(3)A charter school that is granted its charter through an appeal to the state board and elects to seek renewal of its charter shall, before expiration of the charter, submit its petition for renewal to the governing board of the school district that initially denied the charter. If the governing board of the school district denies the charter schools petition for renewal, the charter school may petition the state board for renewal of its charter.
(l)Teachers in charter schools shall hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. It is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses.
(m)A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering entity, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.
SEC. 2.Section 47605.6 of the Education Code is amended to read:47605.6.(a)(1)In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions is met:
(A)The petition is signed by a number of parents or guardians of pupils residing within the county that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days notice of the petitioners intent to operate a charter school pursuant to this section.
(B)The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days notice of the petitioners intent to operate a charter school pursuant to this section.
(2)An existing public school may not be converted to a charter school in accordance with this section.
(3)After receiving approval of its petition, a charter school that proposes to establish operations at additional sites within the geographic boundaries of the county board of education shall notify the school districts where those sites will be located. The charter school shall also request a material revision of its charter by the county board of education that approved its charter and the county board of education shall consider whether to approve those additional locations at an open, public meeting, held no sooner than 30 days following notification of the school districts where the sites will be located. If approved, the location of the approved sites shall be a material revision of the charter schools approved charter.
(4)A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teachers signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(b)No later than 60 days after receiving a petition, in accordance with subdivision (a), the county board of education shall hold a public hearing on the provisions of the charter, at which time the county board of education shall consider consider: (A) the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities. facilities, (B) a report assessing whether county office of education staff has the capacity to conduct oversight of the charter school described in the petition, and (C) a report of the anticipated financial and educational impact on the other schools that the governing board of a school district has oversight obligations for. Following review of the petition and the reports and after the public hearing, the county board of education shall either grant or deny the charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension. A county board of education may impose any additional requirements beyond those required by this section that it considers necessary for the sound operation of a countywide charter school. A county board of education may grant a charter for the operation of a charter school under this part only if the county board of education is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. The county board of education shall deny a petition for the establishment of a charter school if the county board of education finds one or more of the following:
(1)The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2)The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3)The petition does not contain the number of signatures required by subdivision (a).
(4)The petition does not contain an affirmation of each of the conditions described in subdivision (d).
(5)The charter school would have a negative fiscal impact on a school district. For purposes of this paragraph, the finding that a charter school would have a negative fiscal impact on a school district shall only be established, and shall be deemed to be established, if any of the following conditions are met:
(A)The school district has received a negative financial certification pursuant to Section 42131.
(B)The school district has received an emergency apportionment or loan and is operating under the oversight of a state-appointed administrator or trustee pursuant to Article 2 (commencing with Section 41320) of, or Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3.
(C)The school district, due to declining enrollment of pupils, is in the process of closing a school that the charter petition has identified as a proposed schoolsite for the charter school and the school district has received a qualified financial certification pursuant to Section 42131 or would receive a qualified financial certification pursuant to Section 42131 if the charter petition is approved.
(5)
(6)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)A description of the educational program of the charter school, designed, among other things, to identify those pupils whom the charter school is attempting to educate, what it means to be an educated person in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii)A description, for the charter school, of annual goals, for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii)If the proposed charter school will enroll high school pupils, a description of the manner in which the charter school will inform parents regarding the transferability of courses to other public high schools. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered to be transferable to other public high schools.
(iv)If the proposed charter school will enroll high school pupils, information as to the manner in which the charter school will inform parents as to whether each individual course offered by the charter school meets college entrance requirements. Courses approved by the University of California or the California State University as satisfying their prerequisites for admission may be considered as meeting college entrance requirements for purposes of this clause.
(B)The measurable pupil outcomes identified for use by the charter school. Pupil outcomes, for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and aptitudes specified as goals in the charter schools educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.
(C)The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D)The location of each charter school facility that the petitioner proposes to operate.
(E)The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.
(F)The qualifications to be met by individuals to be employed by the charter school.
(G)The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the charter school furnish the school it with a criminal record summary as described in Section 44237.
(H)The means by which the charter school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district county board of education to which the charter petition is submitted.
(I)The manner in which annual, independent, financial audits shall be conducted, in accordance with regulations established by the state board, and the manner in which audit exceptions and deficiencies shall be resolved.
(J)The procedures by which pupils can be suspended or expelled.
(K)The manner by which staff members of the charter schools will be covered by the State Teachers Retirement System, the Public Employees Retirement System, or federal social security.
(L)The procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter.
(M)A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code).
(N)Admission requirements of the charter school, if applicable.
(O)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(P)A description of the rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school, and a description of any rights of return to the county office of education that an employee may have upon leaving the employ of the charter school.
(Q)A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of public records.
(6)
(7)Any other basis that the county board of education finds justifies the denial of the petition.
(c)A county board of education that approves a petition for the operation of a countywide charter may, as a condition of charter approval, enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board of education on the operations of the charter school. The county board of education may prescribe the aspects of the charter schools operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the county board of education.
(d)(1)Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2)Charter schools shall on a regular basis consult with their parents and teachers regarding the schools educational programs.
(e)(1)In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any a pupil on the basis of ethnicity, national origin, gender, gender identity, gender expression, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or guardian, within this state.
(2)(A)A charter school shall admit all pupils who wish to attend the charter school.
(B)If the number of pupils who wish to attend the charter school exceeds the charter schools capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.
(C)In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
(f)The county board of education shall not require any an employee of the county or a school district to be employed in a charter school.
(g)The county board of education shall not require any a pupil enrolled in a county program to attend a charter school.
(h)The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school, any school district where the charter school may operate, and upon the county board of education. The petitioner or petitioners shall also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation.
(i)In reviewing petitions for the establishment of charter schools within the county, the county board of education shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as it read before July 19, 2006.
(j)Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the school districts within the county, the Superintendent, and to the state board.
(k)If a county board of education denies a petition, the petitioner may not elect to submit the petition for the establishment of the charter school to the state board.
(l)Teachers in charter schools shall be required to hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority.
(m)A charter school shall transmit a copy of its annual, independent, financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to the county office of education, the Controller, and the department by December 15 of each year. This subdivision shall not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.
SEC. 3.Section 20110 of the Public Contract Code is amended to read:20110.(a)The provisions of this part shall apply to contracts awarded by school districts subject to Part 21 (commencing with Section 35000) of Division 3 of Title 2 of the Education Code.
(b)The provisions of this part shall also apply to contracts awarded by a charter school established pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2 of the Education Code.
(c)(1)For purposes of this part, a charter school shall be deemed a school district and the governing body of a charter school shall be deemed the governing board of a school district.
(2)For purposes of this part, a reference to a school district or the governing board of a school district shall be deemed to also reference a charter school or the governing body of a charter school, as applicable.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 41010 of the Education Code is amended to read:41010.The accounting system used to record the financial affairs of a school district shall be in accordance with the definitions, instructions, and procedures published in the California School Accounting Manual as approved by the state board and furnished by the Superintendent. No accounting manual approved shall expressly or by implication affect the content of any educational program or objective, except as otherwise specifically provided for by this code. The Legislature hereby finds that such content shall be best determined by those involved in the administration of educational programs, including governing boards of school districts, local administrators, teachers, pupils, and parents.
The accounting system used to record the financial affairs of any a school district shall be in accordance with the definitions, instructions, and procedures published in the California School Accounting Manual as approved by the State Board of Education state board and furnished by the Superintendent of Public Instruction. No accounting manual so approved shall expressly or by implication affect the content of any educational program or objective, except as otherwise specifically provided for by this code. The Legislature hereby finds that such content shall be best determined by those involved in the administration of educational programs, including governing boards of school district governing boards, districts, local administrators, teachers, students, pupils, and parents.
|
Date
|
Status
|
|---|---|
| Feb 23, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Feb 24, 2015 | From printer. May be acted upon on or after March 26. |
| Mar 5, 2015 | Referred to Com. on RLS. |
| Mar 26, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Apr 7, 2015 | Re-referred to Com. on ED. |
| Apr 10, 2015 | Set for hearing April 22. |
| Apr 28, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 722.) (April 22). |
| Apr 29, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| May 8, 2015 | Set for hearing May 18. |
| May 18, 2015 | May 18 hearing: Placed on APPR. suspense file. |
| May 23, 2015 | Set for hearing May 28. |
| May 28, 2015 | May 28 hearing: Held in committee and under submission. |
| Feb 1, 2016 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 18, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aspire Public Schools | * Indeterminate | Apr 22, 2015 |
| Caliber Beta Academy | * Indeterminate | Apr 22, 2015 |
| Caliber Beta Charter School | * Indeterminate | Apr 22, 2015 |
| Caliber Charter School | * Indeterminate | Apr 22, 2015 |
| California Charter Schools Association | * Indeterminate | Apr 22, 2015 |
| California Charter Schools Association | * Against | Apr 22, 2015 |
| California School Boards Association | ** Support | Apr 22, 2015 |
| California Teachers Association | * Indeterminate | Apr 22, 2015 |
| California Teachers Association | * Support | Apr 22, 2015 |
| California Virtual Academy | * Indeterminate | Apr 22, 2015 |
| Camino Nuevo Charter Academy | * Against | Apr 22, 2015 |
| Camino Nuevo Charter Academy | * Indeterminate | Apr 22, 2015 |
| Charter School | * Indeterminate | Apr 22, 2015 |
| Charter Schools Development Center | ** Against | Apr 22, 2015 |
| CORE Academy Camptonville | * Indeterminate | Apr 22, 2015 |
| CORE Charter School Camptonville Academy | * Indeterminate | Apr 22, 2015 |
| Edvoice | * Indeterminate | Apr 22, 2015 |
| Edvoice | * Against | Apr 22, 2015 |
| Golden Valley Charter School | * Indeterminate | Apr 22, 2015 |
| Green Dot Public Schools | * Indeterminate | Apr 22, 2015 |
| KIPP San Jose Collegiate | * Indeterminate | Apr 22, 2015 |
| Pacific Charter Institute | * Indeterminate | Apr 22, 2015 |
| Penn Valley School District | * Indeterminate | Apr 22, 2015 |
| School Employers Association Of California | * Indeterminate | Apr 22, 2015 |
| Studentsfirst | * Indeterminate | Apr 22, 2015 |
| Studentsfirst | * Against | Apr 22, 2015 |
| Sycamore Valley Academy | * Indeterminate | Apr 22, 2015 |
| u California Center for Parent Empowerment | ** Against | Apr 22, 2015 |
SB 329 (Mendoza) Page 4 of 4
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 329 (Mendoza) - Charter schools: petition and report and review at public hearing: competitive bidding.
|
|
Version: April 29, 2015 |
Policy Vote: ED. 7 - 2 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 18, 2015 |
Consultant: Jillian Kissee |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires a school district or county office of education, as part of its review of a charter petition, to consider 1) a report assessing its capacity to conduct oversight of the charter school and 2) a report of the anticipated financial and educational impact on the other schools for which the school district has oversight obligations. This bill also applies provisions of the Public Contract Code to contracts awarded by a charter school.
Fiscal Impact:
Mandate: Unknown, potentially significant costs in the low millions to school districts and county offices of education due to increased oversight responsibilities. See staff comments.
Costs to charter schools: Unknown, potentially significant costs, also in the millions to change existing procurement practices and to comply with competitive bidding requirements. See staff comments.
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. 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.
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, within the state, except that an existing public school
converting to a charter school must adopt and maintain a policy
giving admissions preference to pupils who reside within the former
attendance area of that public school. (Education Code § 47605, et.
seq.)
According
to the California Department of Education (CDE), there were over
1,100 charter schools with an enrollment of approximately 514,000
pupils operating in the state in 2013-14. 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 law also allows, under certain circumstances, for county boards
of education and the CDE 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
oversight for charter authorizers
Existing 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
a charter school under its authority:
Identify at least one staff member as a contact person for the charter school.
Visit each charter school annually.
Ensure that each charter school complies with all reports required of charter schools by law.
Monitor the fiscal condition of each charter school under its authority.
Provide timely notification to the CDE if any of the following circumstances occur or will occur with regard to a charter school for which it is the chartering authority:
A renewal of the charter is granted or denied.
The charter is revoked.
The charter school will cease operation for any reason.
Existing
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 requires the chartering authority to use any financial
information it obtains from the charter school to assess the fiscal
condition of the charter school.
Proposed Law:
This bill:
Requires a school district governing board or county board of education, as part of its review of a charter school petition, to consider a report assessing whether school district staff has the capacity to conduct oversight of the charter school and a report of the anticipated financial and educational impact on the other schools that the governing board of the school district has oversight obligations for.
Applies the competitive bidding provisions regarding contracts specified in
§ 20110 of the Public Contract Code to contracts awarded by a charter school.
Related Legislation:
AB 1172 (Mendoza, 2012), would have authorized a school district to deny a petition for the establishment of a charter school if it the charter school would have a negative fiscal impact on the school district. AB 1172 failed passage in the Senate Education Committee.
AB 86 (Mendoza, 2011) would have expanded signature requirements for charter school petitions to include classified employees. This measure was vetoed by Governor Brown indicating that existing law makes it hard enough for charters to be established.
AB 2954 (Liu, 2006) would have added “negative fiscal impact” to the reasons a governing board could deny a charter school petition and required petitions to describe how the charter school would provide free and reduced-priced meals to eligible students. That measure was vetoed by Governor Schwarzenegger with a message indicating it would “grant school districts the authority to punish charter petitioners because of the problems caused by their own fiscal management issues or their unwillingness to make tough decisions, or both.”
Staff Comments:
This bill requires a school district or county office of education, as part of its review of a charter petition, to consider 1) a report assessing its capacity to conduct oversight of the charter school and 2) a report of the anticipated financial and educational impact on the other schools for which the school district has oversight obligations. These two additional oversight activities will add unknown, but potentially significant, costs if they are found to be a reimbursable state mandate and create cost pressures to increase funding provided through the mandates block grant. The existing Charter Schools I–III mandates reimburse authorizers for reviewing proposed charters, holding associated public hearings, and monitoring charter schools after approval. The Charter Schools IV mandate includes additional oversight activities, including authorizing county offices of education that review proposed countywide charter schools to claim reimbursement for the activities associated with this review. Likewise, the additional activities required for charter authorizers to do as part of its review of a charter petition, may be found to be a reimbursable state mandate.
Costs attributed to these activities would depend on a number of factors, such as how many schools are within the authorizer’s jurisdiction for which they must consider the impacts of an approval of a charter petition, and how much staff time is invested in these assessments.
In addition, this bill applies provisions of the Public Contract Code to contracts awarded by a charter school which could also result in a reimbursable state mandate due to an increased level of oversight responsibilities for the authorizer to ensure charter procurement practices comply with competitive bidding laws. Again, costs to the authorizer would vary depending on such factors as how many charter schools exist within an authorizer’s jurisdiction.
Finally, this bill is likely to significantly increase costs to charters as they would have to change their existing procurement policies and provide staff training on new bidding requirements. The fiscal impacts on future contracts entered into by charter schools through the competitive bidding process is unknown.
-- END --
SB 329 (Mendoza) Page 7 of 7
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 329
Author: |
Mendoza |
||
Version: |
March 26, 2015 Hearing Date: April 22, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Lenin Del Castillo |
||
Subject: Charter schools: petition denials: competitive bidding
SUMMARY
This bill would authorize a school district and county office of education to deny a petition for the establishment of a charter school if it finds the charter school would have a negative fiscal impact on the school district (or a district within the county), as specified. Additionally, the bill would require a school district or county office of education, as part of its review of a charter petition, to consider 1) a report assessing its capacity to conduct oversight of the charter school and 2) a report of the anticipated financial and educational impact on the other schools that the school district has oversight obligations for.
BACKGROUND
Charter Schools
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. 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.
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, within the state, except that an existing public school converting to a charter school must adopt and maintain a policy giving admissions preference to pupils who reside within the former attendance area of that public school. (Education Code § 47605, et. seq.)
According to the State Department of Education, there were over 1,100 charter schools with an enrollment of approximately 514,000 pupils operating in the state in 2013-14.
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 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.
If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school is required to notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall upon request provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information. This provision applies only to pupils subject to compulsory full-time education.
ANALYSIS
This bill:
Requires a school district governing board or county board of education, as part of its review of a charter school petition, to consider a report assessing whether school district staff has the capacity to conduct oversight of the charter school and a report of the anticipated financial and educational impact on the other schools that the governing board of the school district has oversight obligations for.
Adds the finding that “the charter school would have a negative fiscal impact on the school district” to the findings upon which a district may base denial of a petition for the establishment of a charter school.
Provides that a negative fiscal impact on the school district may only be established, and is deemed to be established, if any one of the following conditions is met:
The school district has received a negative financial certification
pursuant
to § 42131.
The school district has received an emergency apportionment or
loan and is operating under the oversight of a state administrator or
trustee,
as specified.
The school district, due to the declining enrollment of pupils, is in
the process of closing a school that a charter school petition has
identified as the proposed site for its charter school and has
received a qualified financial certification pursuant to § 42131, or
would receive a qualified certification if the charter school petition is
approved.
Adds the finding that “the charter school would have a negative fiscal impact on a school district” to the findings upon which a county office of education may base denial of a petition for the establishment of a charter school.
Provides that a negative fiscal impact on a school district may only be
established, and is deemed to be established, if any one of the following
conditions is met:
The school district has received a negative financial certification pursuant to § 42131.
The school district has received an emergency apportionment or loan and is operating under the oversight of a state administrator or trustee, as specified.
The school district, due to the declining enrollment of pupils, is in the process of closing a school that a charter school petition has identified as the proposed site for its charter school and has received a qualified financial certification pursuant to § 42131, or would receive a qualified certification if the charter school petition is approved.
Applies the competitive bidding provisions regarding contracts specified in
§ 20110 of the Public Contract Code to contracts awarded by a charter school and for purposes of that part of the Public Contract Code, provides that a charter school shall be deemed a school district and the governing body of a charter school shall be deemed the governing body of a school district. Provides that a reference to a school district or the governing board of a school district shall be deemed to also reference a charter school or the governing body of a charter school.
STAFF
COMMENTS
Need for the bill. According to the author’s office, California’s charter school law was established in 1992 when these schools were expected to be only a small component of state systems of public education. A cap was established to limit charter schools to only 100 throughout the state. Although there are many charter schools that greatly benefit communities, the exponential growth of the charter school industry over the last twenty years has not coincided with increased oversight, and there is a need to revisit the impact of charter schools on neighborhood schools. The author’s office indicates that although charter schools contribute to our state’s public education and bring a different approach that benefits many students, there must still be oversight to ensure that children are receiving the best education possible. There are cases where small school districts, with only 30 students, authorize a charter school that enrolls up to 3,000 students, making it difficult for staff that oversees 30 students to conduct oversight of a school that serves 100 times its size. Additionally, the author’s office indicates there are still some charter schools that do not operate with the student’s best interests in mind. This bill seeks to bring accountability and transparency to those institutions.
Charter schools. Charter schools are exempt from most laws governing school districts and schools in order to allow the charter school the flexibility to innovate and be responsive to the educational needs of the student population served. Charter schools are required, however, to have credentialed teachers in core and college preparatory courses, meet statewide standards, and consult with parents, guardians, and teachers regarding the school’s programs.
The legislative intent of the Charter Schools Act was to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from a school district structure that would afford parents and pupils with expanded educational choices, offer new professional opportunities for teachers to be responsible for the learning program at the school site, and create competition within the public school system to stimulate continual improvements in all public schools.
Fiscal issues as a basis for denying charter petitions. While this bill specifies criteria for how negative fiscal impact would be defined, it does not require a school district to make a factual finding about the extent of the negative impact. Conceivably, a district could deny a charter petition for any negative impact, even a relatively small one. Opponents argue that allowing school districts to use fiscal issues as a basis for denying charter school petitions is counter to the Legislature’s intent for charter schools and shifts the focus from the educational program to be offered by the charter school to the fiscal condition of the school district. Opponents also argue that authorizing governing boards to deny charters on the basis of the fiscal impact to the district would have the effect of restricting parental choice in choosing schools that best meet their pupil’s needs. For these reasons, staff recommends that the bill be amended to remove the provisions authorizing a school district and county office of education to deny a charter petition if it finds the charter school would have a negative fiscal impact on the school district.
Limits the establishment of charter schools? Twice a year, the California Department of Education (CDE) receives Notice of Interim Certifications on the financial status of the state’s approximately 1,100 local educational agencies (LEAs). Based on the first interim report that was published by the CDE in February 2015, 43 LEAs are either in negative or qualified financial status. Of these, 5 LEAs have a negative certification which means they will not be able to meet their financial obligations for 2014-15 or 2015-16 and 38 LEAs have a qualified certification and may not be able to meet their financial obligations for 2014-15, 2015-16, or 2016-17.
This bill could give governing boards a basis to deny charter school renewals, because renewals must include a comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. It is unclear how many existing charter schools could be denied renewal because the authorizing school district could meet the definition of negative fiscal impact. It also seems unlikely that denying the renewal of these schools would solve the fiscal problems of these districts.
Current oversight for charter authorizers. Existing 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 a charter school under its authority:
Identify at least one staff member as a contact person for the charter school.
Visit each charter school annually.
Ensure that each charter school complies with all reports required of charter schools by law.
Monitor the fiscal condition of each charter school under its authority.
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:
A renewal of the charter is granted or denied.
The charter is revoked.
The charter school will cease operation for any reason.
Existing 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 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.
By requiring a school district to assess its capacity prior to approving a charter petition, this bill could provide a mechanism for a district in determining whether it has the necessary capacity to provide effective oversight.
Competitive bidding. This bill would apply the competitive bidding provisions specified in § 20110 of the Public Contract Code to contracts awarded by a charter school. This could affect how various equipment, materials, and supplies are purchased or leased and according to opponents of the bill, charter schools would be subject to a time-consuming, labor-intensive process with no justification.
Related and prior legislation.
AB 1172 (Mendoza, 2012), similar to this measure, would have authorized a school district to deny a petition for the establishment of a charter school if it finds the charter school would have a negative fiscal impact on the school district. AB 1172 failed passage in this Committee.
AB 86 (Mendoza, 2011) would have expanded signature requirements for charter school petitions to include classified employees. This measure was passed by this Committee and subsequently vetoed by Governor Brown with the following message:
Charter
schools are a small but very important part of the California public
school system. They vary by size, mission, governing structure and
educational philosophy. Their purpose is to allow parents, teachers
and other interested citizens to form public schools outside the more
detailed regulatory framework of the regular school system.
They
are profoundly difficult to establish and even more difficult to
maintain and grow in excellence. Having started two myself, I know
whereof I speak.
Notwithstanding the important
contributions classified staff make to the operation of a school,
this bill would unnecessarily complicate an already difficult charter
school petition process.
I believe the existing law is
tough enough.
AB
2954 (Liu, 2006) would have added “negative fiscal impact” to the
reasons a governing board could deny a charter school petition and
required petitions to describe how the charter school would provide
free and reduced-priced meals to eligible students. That measure was
passed by this Committee and subsequently vetoed by Governor
Schwarzenegger, whose veto message read, in part:
While
I understand the plight of school districts faced with fiscal
challenges of declining enrollment and other management issues, I
cannot condone allowing them to deny parents and students their
rights to petition for the establishment of a charter school. In
essence, this bill would grant school districts the authority to
punish charter petitioners because of problems caused by their own
fiscal management issues or their unwillingness to make tough
decisions, or both.
In sum, this bill runs counter to
the intent of charter schools, which is to provide parents and
students with other options within the public school system and to
stimulate competition that improves the quality not only of charter
schools, but of non-charter schools as well.
SUPPORT
California School Boards Association
California Teachers Association (sponsor)
OPPOSITION
California Center for Parent Empowerment
California Charter Schools Association
Camino Nuevo Charter Academy
Charter Schools Development Center
EdVoice
StudentsFirst
Letters from individuals
-- END --
Discussed in Hearing
1MIN
Senate Standing Committee on Appropriations
33MIN
Senate Standing Committee on Education
Bill Author
Bill Co-Author(s):