SB 329: Charter schools: petition and report and review at public hearing: competitive bidding.

(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 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.

(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.

(4)This bill also would update references and make other nonsubstantive changes.

(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.